HB 0665 2003
1	A bill to be entitled
2	An act relating to the Beverage Law; amending s. 561.32,
3	F.S., relating to transfer of certain licenses to sell
4	alcoholic beverages; providing exception to waiver of
5	certain transfer fees when the transfer is within a
6	specified period; providing an effective date.
7
8	Be It Enacted by the Legislature of the State of Florida:
9
10	Section 1. Subsection (5) of section 561.32, Florida
11	Statutes, is amended to read:
12	561.32 Transfer of licenses; change of officers or
13	directors; transfer of interest.--
14	(4)(a) Except as provided in paragraph (b), a license
15	issued under s. 561.20(1) shall not be transferable in any
16	manner, either directly or indirectly, including by any change
17	in stock, partnership shares, or other form of ownership of any
18	entity holding the license, except by probate or guardianship
19	proceedings, for a period of 3 years from the date of original
20	issuance. Any attempted assignment, sale, or transfer of
21	interest in such license either directly or indirectly in
22	violation of this provision is hereby declared void, and the
23	license shall be deemed abandoned and shall revert to the state
24	to be issued in the manner provided by law for issuance of new
25	licenses.
26	(b) A license issued under s. 561.20(1) may be transferred
27	as provided by law within the 3-year period only upon payment to
28	the division of a transfer fee in an amount equal to 15 times
29	the annual license fee specified in s. 565.02(1)(b)-(f) in the
30	county in which the license is valid. However, if the county is
31	only authorized for the issuance of liquor licenses for package
32	sales only, the transfer fee shall be in an amount equal to 15
33	times the annual license fee specified in s. 565.02(1)(a).
34	Subsequent to any such transfer, the transferee shall be subject
35	to the provisions of the beverage laws with respect to the
36	requirement for initial issuance of a license. Any change of
37	ownership in any manner, either directly or indirectly,
38	including any change in stock, partnership shares, or other form
39	of ownership of any entity holding the license shall be
40	considered a transfer and subject to the fees set forth in this
41	paragraph. The transfer fees provided for in this paragraph
42	shall be in addition to any other transfer fee provided for by
43	this section. The funds collected pursuant to this paragraph
44	shall be deposited in the Alcoholic Beverages and Tobacco Trust
45	Fund and shall be used by the division to defray the costs of
46	operation.
47	(5) The division shall waive the transfer fee and the
48	delinquent penalties, but not the license renewal fee, when the
49	transfer of an interest in an alcoholic beverage license occurs
50	by operation of law because of a death, judicial proceedings,
51	court appointment of a fiduciary, foreclosure or forced judicial
52	sale, bankruptcy proceedings, or seizure of a license by a
53	government agency. The waiver provided for in this subsection
54	shall not apply to transfers made within the 3-year period set
55	forth in subsection (4).
56	Section 2. This act shall take effect upon becoming a law.