Bill Amendment: FL S0642 | 2013 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Alcoholic Beverages

Status: 2013-04-25 - Laid on Table, companion bill(s) passed, see CS/CS/HB 347 (Ch. 2013-157) [S0642 Detail]

Download: Florida-2013-S0642-Appropriations_Committee_Amendment_209046.html

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       Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. CS for SB 642
       
       
       
       
       
       
                                Barcode 209046                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/16/2013           .                                
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       The Committee on Appropriations (Hays) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 126 - 136
    4  and insert:
    5  
    6         Section 3. Section 567.01, Florida Statutes, is amended to
    7  read:
    8         567.01 Petition, order, notice of election.—
    9         (1) The board of county commissioners of each county shall
   10  order an election to decide whether the sale of intoxicating
   11  liquors, wines, or beer shall be prohibited or permitted in that
   12  said county and if not prohibited, to decide the method of sale,
   13  upon the presentation to said board at a regular or special
   14  meeting, of a written application asking for such a
   15  determination in the county in which said application is made
   16  signed by one-fourth of the registered voters of the county. The
   17  signature of each registered voter shall be personally signed to
   18  such application; provided, however, a copy of said petition
   19  shall be dated and filed with the clerk of the circuit court of
   20  the county in which such election is to be held prior to
   21  procuring the signature of any registered voter thereon; and
   22  such petition must be completed and presented to the board of
   23  county commissioners within 120 days from the date said copy of
   24  said petition is originally filed with the clerk of the circuit
   25  court; and if not so done, said petition shall be held to be
   26  invalid.
   27         (2) The election so ordered shall be to decide either:
   28         (a) whether the sale of intoxicating liquors, wines, or
   29  beer shall be prohibited or permitted in said county, and to
   30  decide also whether such sale, if permitted by said election,
   31  shall be restricted to sales by the package as hereinafter
   32  defined; or
   33         (b) 
   34         (3) After an a prior election has authorized the such sale
   35  of intoxicating liquors, wines, or beer and has restricted the
   36  sales to by the package only, the county commission may order an
   37  election to decide whether intoxicating liquors, wines, or beer
   38  shall be sold by the drink for consumption on premises as
   39  provided in s. 567.07(2)(c).
   40         (4)(3) The term “Sales by the package” is defined to mean
   41  sales made in sealed containers, for consumption off the
   42  premises where sold.
   43         (5)(4) Such an election shall not be ordered oftener than
   44  once every 2 years. All orders for such election shall be in
   45  writing and shall be entered upon the minutes of the board but
   46  this requirement shall be directory only.
   47         (6)(5) Upon the making of the order for an election as
   48  aforesaid, the board shall cause its clerk to give at least 30
   49  days’ notice of said election by publishing a copy of the order
   50  for election in one newspaper in each and every town in said
   51  county in which a newspaper or newspapers be published, and if
   52  no newspaper be published within the county, then by posting at
   53  least 10 copies of said order in 10 of the most public places in
   54  said county, one of which shall be the courthouse door. Proof of
   55  publication or proof of posting shall be filed with the board
   56  and shall be made as provided by ss. 49.10 and 49.11, for making
   57  proof of publication and proof of posting incident to
   58  constructive service of process, except that the provisions of
   59  said sections for recording shall not apply. All proofs of
   60  publication and of posting shall be entered upon the minutes of
   61  the board, but this requirement shall be directory only.
   62         (7)(6) It is the purpose and intent of the Legislature that
   63  the such election shall obviate the necessity for holding two
   64  separate elections, except as provided in s. 567.07(2)(c), by
   65  determining in one election:
   66         (a) Whether the sale of intoxicating liquors, wines, or
   67  beer shall be prohibited or permitted, and
   68         (b) If such sales are determined to be permitted, to
   69  further determine whether the sales so made shall be limited to
   70  sales by the package as herein before defined, or whether sales
   71  by the drink on the premises, as well as sales by the package,
   72  may be permitted.
   73  
   74  A majority of those legally voting at such election must cast
   75  their votes for selling intoxicating liquors, wines, or beer in
   76  order that the results of the election on the second question
   77  shall be effective and binding.
   78         Section 4. Subsection (3) of section 567.06, Florida
   79  Statutes, is amended to read:
   80         567.06 Form of ballot; canvassing votes.—
   81         (3) However, for a local option election authorized by s.
   82  567.01(3)(2)(b) on the sole question of whether intoxicating
   83  liquors, wines, or beer may be sold by the drink for consumption
   84  on premises, ballot instructions shall be presented in the
   85  following form:
   86  
   87  INSTRUCTIONS: Local Option Election on the Following Question:
   88  
   89         THE QUESTION BEFORE THE ELECTORATE is to decide
   90         whether intoxicating liquors, wines, or beer,
   91         containing more than 6.243 percent of alcohol by
   92         volume, may be sold by the drink for consumption on
   93         premises in (   ) County, Florida.
   94  
   95          For Sales by the Drink:
   96  
   97  followed by the word “yes” and also by the word “no,” and shall
   98  be styled in such a manner that a “yes” vote will indicate
   99  approval of the question and a “no” vote will indicate
  100  rejection.
  101         Section 5. Paragraph (c) of subsection (2) of section
  102  567.07, Florida Statutes, is amended to read:
  103         567.07 Results of election.—
  104         (2) If a majority of those legally voting at any such
  105  election cast their votes “For Selling Intoxicating Liquors,
  106  Wines, or Beer” on question number 1 and a majority of votes
  107  legally cast on question number 2 be cast “For Sales by the
  108  Package Only,” then:
  109         (c) After the expiration of 2 years, an election pursuant
  110  to s. 567.01(3)(2)(b) may be held to determine the sole question
  111  of whether intoxicating liquors, wines, or beer may be sold by
  112  the drink for consumption on premises. If a majority of those
  113  legally voting cast their votes for selling intoxicating
  114  liquors, wines, or beer by the drink for consumption on
  115  premises, such alcoholic beverages may be sold as otherwise
  116  provided by law in that county until otherwise determined in an
  117  election, which shall not be held oftener than once every 2
  118  years. If a majority of those legally voting cast their vote
  119  against the sale of intoxicating liquors, wines, or beer by the
  120  drink for consumption on premises, sales by the package only
  121  shall continue.
  122         Section 6. (1) The Legislature declares that it would not
  123  have enacted individually the amendments to sections 565.03 and
  124  561.04, Florida Statutes, and expressly finds the amendments to
  125  those provisions not to be severable. If a court of competent
  126  jurisdiction determines any provision of those sections as
  127  amended by this act to be in conflict with any law of this
  128  state, a federal law or regulation, the State Constitution, or
  129  the United States Constitution, or to be otherwise invalid for
  130  any reason, it is the intent of the Legislature that the
  131  amendments to sections 565.03 and 561.04, Florida Statutes,
  132  shall be void, that such invalidity shall void only those
  133  changes made by this act to sections 565.03 and 561.04, Florida
  134  Statutes, and that no other law be affected.
  135         (2) If any provisions of sections 567.01, 567.06, or
  136  567.07, Florida Statutes, as amended by this act, or if the
  137  application of those sections as amended by this act to any
  138  person or circumstance is held invalid, the invalidity does not
  139  affect other provisions or applications of the act which can be
  140  given effect without the invalid provision or application, and
  141  to this end sections 567.01, 567.06, or 567.07, Florida
  142  Statutes, as amended by this act are severable.
  143         Section 7. This act shall take effect July 1, 2013.
  144  
  145  ================= T I T L E  A M E N D M E N T ================
  146         And the title is amended as follows:
  147         Delete lines 2 - 14
  148  and insert:
  149         An act relating to alcoholic beverages; amending s.
  150         565.03, F.S.; providing definitions; revising
  151         provisions regarding a state license tax involved with
  152         the operation of distilleries; providing requirements
  153         for craft distilleries under certain conditions;
  154         prohibiting the shipment of certain distilled spirits;
  155         restricting license transferability and ownership
  156         affiliation; providing reporting requirements;
  157         providing requirements relating to the payment of
  158         taxes; providing for the adoption of rules; amending
  159         s. 561.14, F.S.; conforming a cross-reference;
  160         amending s. 567.01, F.S.; providing that a county
  161         commission may order an election on the sale of
  162         alcoholic beverages for consumption on premise;
  163         amending s. 567.06; conforming a cross reference;
  164         amending s. 567.07, F.S.; conforming a cross
  165         reference; declaring that the provisions of ss. 565.03
  166         and 561.04, F.S., as amended by this act are not
  167         severable; providing a severability clause; providing
  168         an effective date.