House Bill 0209
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Florida House of Representatives - 1999 HB 209
By Representative Bitner
1 A bill to be entitled
2 An act relating to alcohol sales; amending s.
3 567.01, F.S.; providing for local option
4 elections to determine sales of intoxicating
5 liquors, wines, or beer by the drink; amending
6 s. 567.06, F.S.; providing ballot instructions
7 for local option elections; amending s. 567.07,
8 F.S.; providing for a local option election for
9 sole purpose of determining whether
10 intoxicating liquors, wines, or beer may be
11 sold by the drink for consumption on premises;
12 providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
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16 Section 1. Subsections (2) and (6) of section 567.01,
17 Florida Statutes, are amended to read:
18 567.01 Petition, order, notice of election.--
19 (2) The election so ordered shall be to decide either:
20 (a) Whether intoxicating liquors, wines, or beer shall
21 be prohibited or permitted in said county, and to decide also
22 whether such sale, if permitted by said election, shall be
23 restricted to sales by the package as hereinafter defined; or.
24 (b) Whether intoxicating liquors, wines, or beer shall
25 be sold by the drink for consumption on premises as provided
26 in s. 567.07(3).
27 (6) It is the purpose and intent of the Legislature
28 that such election shall obviate the necessity for holding two
29 separate elections, except as provided in s. 567.07(3), by
30 determining in one election:
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Florida House of Representatives - 1999 HB 209
522-142A-99
1 (a) Whether the sale of intoxicating liquors, wines,
2 or beer shall be prohibited or permitted, and
3 (b) If such sales are determined to be permitted, to
4 further determine whether the sales so made shall be limited
5 to sales by the package as herein before defined, or whether
6 sales by the drink on the premises, as well as sales by the
7 package, may be permitted.
8
9 A majority of those legally voting at such election must cast
10 their votes for selling intoxicating liquors, wines, or beer
11 in order that the results of the election on the second
12 question shall be effective and binding.
13 Section 2. Subsection (3) is added to section 567.06,
14 Florida Statutes, to read:
15 567.06 Form of ballot; canvassing votes.--
16 (3) However, for a local option election authorized by
17 s. 567.01(2)(b) on the sole question of whether intoxicating
18 liquors, wines, or beer may be sold by the drink for
19 consumption on premises, ballot instructions shall be
20 presented in the following form:
21
22 INSTRUCTIONS: Local Option Election on the Following
23 Question:
24
25 THE QUESTION BEFORE THE ELECTORATE is to decide
26 whether intoxicating liquors, wines, or beer,
27 containing more than 6.243 percent of alcohol
28 by volume, may be sold by the drink for
29 consumption on premises in ( ) County,
30 Florida.
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Florida House of Representatives - 1999 HB 209
522-142A-99
1 For Sales by the Drink:
2
3 followed by the word "yes" and also by the word "no," and
4 shall be styled in such a manner that a "yes" vote will
5 indicate approval of the question and a "no" vote will
6 indicate rejection.
7 Section 3. Subsection (3) of section 567.07, Florida
8 Statutes, is renumbered as subsection (4), and a new
9 subsection (3) is added to said section to read:
10 567.07 Results of election.--
11 (3) In the event a majority of those legally voting at
12 any such election cast their vote "For Selling Intoxicating
13 Liquors, Wines, or Beer" on question number 1 and a majority
14 of the votes legally cast on question number 2 be "For Sales
15 by the Package Only" then, after the expiration of 2 years, an
16 election pursuant to s. 567.01(2)(b) may be held to determine
17 the sole question of whether intoxicating liquors, wines, or
18 beer may be sold by the drink for consumption on premises. If
19 a majority of those legally voting cast their votes for
20 selling intoxicating liquors, wines, or beer by the drink for
21 consumption on premises, then such alcoholic beverages may be
22 sold as otherwise provided by law in that county until
23 otherwise determined in an election, which shall not be held
24 oftener than once every 2 years. If a majority of those
25 legally voting cast their vote against the sale of
26 intoxicating liquors, wines, or beer by the drink for
27 consumption on premises, then sales by the package only shall
28 continue.
29 Section 4. This act shall take effect July 1, 1999.
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 209
522-142A-99
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2 HOUSE SUMMARY
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Provides for local option elections to determine sales of
4 intoxicating liquors, wines, or beer by the drink and
provides ballot instructions for such local option
5 elections. Provides for a local option election for the
sole purpose of determining whether intoxicating liquors,
6 wines, or beer may be sold by the drink for consumption
on premises. See bill for details.
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