House Bill 4011er

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  2         An act relating to the Florida Statutes;

  3         repealing or deleting various statutory

  4         provisions that have become obsolete, have had

  5         their effect, have served their purpose, or

  6         have been impliedly repealed or superseded;

  7         amending s. 210.10, F.S., relating to general

  8         powers of the Division of Alcoholic Beverages

  9         and Tobacco; correcting an obsolete cross

10         reference; amending ss. 210.151, 210.1605,

11         210.405, and 210.51, F.S.; revising provisions

12         relating to initial temporary permits and

13         renewal of permits to separate provisions

14         relating solely to cigarettes from those

15         relating to other tobacco products; correcting

16         terminology; repealing s. 550.72, F.S.,

17         relating to a feasibility study of state or

18         municipal ownership of Hialeah Park; amending

19         s. 552.093, F.S.; deleting a provision that

20         allowed persons holding a valid explosives

21         license or permit for the period 1976-1977 to

22         be issued a license or permit without taking a

23         competency examination; providing an effective

24         date.

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26  Be It Enacted by the Legislature of the State of Florida:

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28         Section 1.  Subsection (2) of section 210.10, Florida

29  Statutes, is amended to read:

30         210.10  General powers of the Division of Alcoholic

31  Beverages and Tobacco.--


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  1         (2)  The division and all officers and employees under

  2  this part shall, in the administration thereof and in the

  3  administration of the State Beverage Law, have all the

  4  authority and power vested in officers and employees of the

  5  division as provided by s. 20.165(9) 561.07, and such power

  6  and authority is hereby conferred upon the division and all

  7  officers and employees under this part with respect to the

  8  administration of this part and also with respect to the

  9  administration of the Beverage Law.

10         Section 2.  Section 210.151, Florida Statutes, is

11  amended to read:

12         210.151  Initial temporary cigarette and other tobacco

13  products permits.--When a person has filed a completed

14  application which does not on its face disclose any reason for

15  denying a cigarette permit under s. 210.15, or other tobacco

16  products permit under s. 210.40, the Division of Alcoholic

17  Beverages and Tobacco of the Department of Business and

18  Professional Regulation shall issue a temporary initial permit

19  of the same type and series for which the application has been

20  submitted, which is valid for all purposes under this chapter.

21         (1)  A temporary initial permit shall be valid for up

22  to 90 days and may be extended by the division for up to an

23  additional 90 days for good cause. The division may at any

24  time during such period grant or deny the permit applied for,

25  notwithstanding s. 120.60.

26         (2)  A temporary initial permit expires and may not be

27  continued or extended beyond the date the division denies the

28  permit applied for; beyond 14 days after the date the division

29  approves the permit applied for; beyond the date the applicant

30  pays the permit fee and the division issues the permit applied

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  1  for; or beyond the date the temporary permit otherwise expires

  2  by law, whichever date occurs first.

  3         (3)  Each applicant seeking a temporary initial

  4  cigarette permit shall pay to the division for such permit a

  5  fee of $100. Each applicant seeking a temporary initial permit

  6  for other tobacco products shall pay to the division for such

  7  permit a fee of $25.

  8         (4)  Any fee or penalty collected under the provisions

  9  of this section act shall be deposited into the Alcoholic

10  Beverage and Tobacco Trust Fund.

11         Section 3.  Subsection (2) of section 210.1605, Florida

12  Statutes, is amended to read:

13         210.1605  Renewal of permit.--

14         (2)  Any fee or penalty collected under the provisions

15  of this section act shall be deposited into the Alcoholic

16  Beverage and Tobacco Trust Fund.

17         Section 4.  Section 210.405, Florida Statutes, is

18  amended to read:

19         210.405  Initial temporary permits for cigarette and

20  other tobacco products permits.--When a person has filed a

21  completed application which does not on its face disclose any

22  reason for denying a cigarette permit for under s. 210.15, or

23  other tobacco products permit under s. 210.40, the Division of

24  Alcoholic Beverages and Tobacco of the Department of Business

25  and Professional Regulation shall issue a temporary initial

26  permit of the same type and series for which the application

27  has been submitted, which is valid for all purposes under this

28  chapter.

29         (1)  A temporary initial permit shall be valid for up

30  to 90 days and may be extended by the division for up to an

31  additional 90 days for good cause. The division may at any


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  1  time during such period grant or deny the permit applied for,

  2  notwithstanding s. 120.60.

  3         (2)  A temporary initial permit expires and may not be

  4  continued or extended beyond the date the division denies the

  5  permit applied for; beyond 14 days after the date the division

  6  approves the permit applied for; beyond the date the applicant

  7  pays the permit fee and the division issues the permit applied

  8  for; or beyond the date the temporary permit otherwise expires

  9  by law, whichever date occurs first.

10         (3)  Each applicant seeking a temporary initial

11  cigarette permit shall pay to the division for such permit a

12  fee of $100. Each applicant seeking a temporary initial permit

13  for other tobacco products shall pay to the division for such

14  permit a fee of $25.

15         (4)  Any fee or penalty collected under the provisions

16  of this section act shall be deposited into the Alcoholic

17  Beverage and Tobacco Trust Fund.

18         Section 5.  Subsection (2) of section 210.51, Florida

19  Statutes, is amended to read:

20         210.51  Renewal of permit.--

21         (2)  Any fee or penalty collected under the provisions

22  of this section act shall be deposited into the Alcoholic

23  Beverage and Tobacco Trust Fund.

24         Section 6.  Section 550.72, Florida Statutes, is

25  repealed.

26         Section 7.  Subsections (2) and (3) of section 552.093,

27  Florida Statutes, are amended to read:

28         552.093  Competency examinations required;

29  exceptions.--

30         (2)  Any licensee or permittee who possesses, on

31  October 1, 1977, a valid license or permit for the period


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  1  1976-1977 shall, upon proper application, be issued a license

  2  or permit without being required to submit to an examination

  3  of competency. Any licensee or permittee who allows his or her

  4  license to lapse or whose license or permit is suspended or

  5  revoked shall be required to submit to and satisfactorily pass

  6  an examination prior to issuance of a license or permit.

  7         (3)  Each applicant required to submit to a competency

  8  examination shall be required to pay an examination fee of $30

  9  upon application for the required license or permit, which fee

10  shall apply to one scheduled examination attempt.  Such fee

11  shall not be refundable in the event the applicant does not

12  appear for examination or does not successfully pass the

13  examination.  If the applicant does not appear for examination

14  or does not successfully pass the examination, the applicant

15  shall submit an additional $30 fee for each examination

16  scheduled.

17         Section 8.  This act shall take effect upon becoming a

18  law.

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