Senate Bill sb2520

    Florida Senate - 2003                                  SB 2520

    By Senator Diaz de la Portilla





    36-1434A-03

  1                      A bill to be entitled

  2         An act relating to alcoholic beverage licenses;

  3         amending s. 561.19, F.S.; providing for the

  4         issuance of a new quota beverage license upon

  5         the revocation of an existing quota beverage

  6         license; providing protections for certain

  7         holders of perfected liens or security

  8         interests in such licenses; providing an

  9         effective date.

10  

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

12  

13         Section 1.  Paragraph (a) of subsection (2) of section

14  561.19, Florida Statutes, is amended to read:

15         561.19  License issuance upon approval of division.--

16         (2)(a)  When beverage licenses become available by

17  reason of an increase in the population of a county, or by

18  reason of a county permitting the sale of intoxicating

19  beverages when such sale had been prohibited, or by reason of

20  the revocation of a quota beverage license, the division, if

21  there are more applicants than the number of available

22  licenses, shall provide a method of double random selection by

23  public drawing to determine which applicants shall be

24  considered for issuance of licenses.  The double random

25  selection drawing method shall allow each applicant whose

26  application is complete and does not disclose on its face any

27  matter rendering the applicant ineligible an equal opportunity

28  of obtaining an available license. After all applications are

29  filed with the director, the director shall then determine by

30  random selection drawing the order in which each applicant's

31  name shall be matched with a number selected by random

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2520
    36-1434A-03




 1  drawing, and that number shall determine the order in which

 2  the applicant will be considered for a license. This paragraph

 3  does not prohibit a person holding a perfected lien or

 4  security interest in a quota alcoholic beverage license, in

 5  accordance with s. 561.65, from enforcing the lien or security

 6  interest against the license within 180 days after a final

 7  order of revocation or suspension. A revoked quota alcoholic

 8  beverage license encumbered by a lien or security interest,

 9  perfected pursuant to s. 561.65, may not be issued under this

10  subsection until the 180-day period has elapsed or until such

11  enforcement proceeding is final.

12         Section 2.  This act shall take effect July 1, 2003.

13  

14            *****************************************

15                          SENATE SUMMARY

16    Provides for the issuance of a new quota beverage license
      when an existing one is revoked. Provides protections for
17    holders of certain perfected liens or security interests.

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  2

CODING: Words stricken are deletions; words underlined are additions.