Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. CS for SB 642
Barcode 485366
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/22/2013 .
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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 board of county commissioners
37 shall order an election to decide whether intoxicating liquors,
38 wines, or beer shall be sold by the drink for consumption on
39 premises as provided in s. 567.07(2)(c) by a majority vote of
40 the board of county commissioners or when application is made
41 signed by one-tenth of the registered voters of the county.
42 (4)(3) The term “Sales by the package” is defined to mean
43 sales made in sealed containers, for consumption off the
44 premises where sold.
45 (5)(4) Such an election shall not be ordered oftener than
46 once every 2 years. All orders for such election shall be in
47 writing and shall be entered upon the minutes of the board but
48 this requirement shall be directory only.
49 (6)(5) Upon the making of the order for an election as
50 aforesaid, the board shall cause its clerk to give at least 30
51 days’ notice of said election by publishing a copy of the order
52 for election in one newspaper in each and every town in said
53 county in which a newspaper or newspapers be published, and if
54 no newspaper be published within the county, then by posting at
55 least 10 copies of said order in 10 of the most public places in
56 said county, one of which shall be the courthouse door. Proof of
57 publication or proof of posting shall be filed with the board
58 and shall be made as provided by ss. 49.10 and 49.11, for making
59 proof of publication and proof of posting incident to
60 constructive service of process, except that the provisions of
61 said sections for recording shall not apply. All proofs of
62 publication and of posting shall be entered upon the minutes of
63 the board, but this requirement shall be directory only.
64 (7)(6) It is the purpose and intent of the Legislature that
65 the such election shall obviate the necessity for holding two
66 separate elections, except as provided in s. 567.07(2)(c), by
67 determining in one election:
68 (a) Whether the sale of intoxicating liquors, wines, or
69 beer shall be prohibited or permitted, and
70 (b) If such sales are determined to be permitted, to
71 further determine whether the sales so made shall be limited to
72 sales by the package as herein before defined, or whether sales
73 by the drink on the premises, as well as sales by the package,
74 may be permitted.
75
76 A majority of those legally voting at such election must cast
77 their votes for selling intoxicating liquors, wines, or beer in
78 order that the results of the election on the second question
79 shall be effective and binding.
80 Section 4. Subsection (3) of section 567.06, Florida
81 Statutes, is amended to read:
82 567.06 Form of ballot; canvassing votes.—
83 (3) However, for a local option election authorized by s.
84 567.01(3)(2)(b) on the sole question of whether intoxicating
85 liquors, wines, or beer may be sold by the drink for consumption
86 on premises, ballot instructions shall be presented in the
87 following form:
88
89 INSTRUCTIONS: Local Option Election on the Following Question:
90
91 THE QUESTION BEFORE THE ELECTORATE is to decide
92 whether intoxicating liquors, wines, or beer,
93 containing more than 6.243 percent of alcohol by
94 volume, may be sold by the drink for consumption on
95 premises in ( ) County, Florida.
96
97 For Sales by the Drink:
98
99 followed by the word “yes” and also by the word “no,” and shall
100 be styled in such a manner that a “yes” vote will indicate
101 approval of the question and a “no” vote will indicate
102 rejection.
103 Section 5. Paragraph (c) of subsection (2) of section
104 567.07, Florida Statutes, is amended to read:
105 567.07 Results of election.—
106 (2) If a majority of those legally voting at any such
107 election cast their votes “For Selling Intoxicating Liquors,
108 Wines, or Beer” on question number 1 and a majority of votes
109 legally cast on question number 2 be cast “For Sales by the
110 Package Only,” then:
111 (c) After the expiration of 2 years, an election pursuant
112 to s. 567.01(3)(2)(b) may be held to determine the sole question
113 of whether intoxicating liquors, wines, or beer may be sold by
114 the drink for consumption on premises. If a majority of those
115 legally voting cast their votes for selling intoxicating
116 liquors, wines, or beer by the drink for consumption on
117 premises, such alcoholic beverages may be sold as otherwise
118 provided by law in that county until otherwise determined in an
119 election, which shall not be held oftener than once every 2
120 years. If a majority of those legally voting cast their vote
121 against the sale of intoxicating liquors, wines, or beer by the
122 drink for consumption on premises, sales by the package only
123 shall continue.
124 Section 6. (1) The Legislature declares that it would not
125 have enacted individually the amendments to sections 565.03 and
126 561.14, Florida Statutes, and expressly finds the amendments to
127 those provisions not to be severable. If a court of competent
128 jurisdiction determines any provision of those sections as
129 amended by this act to be in conflict with any law of this
130 state, a federal law or regulation, the State Constitution, or
131 the United States Constitution, or to be otherwise invalid for
132 any reason, it is the intent of the Legislature that the
133 amendments to sections 565.03 and 561.14, Florida Statutes,
134 shall be void, that such invalidity shall void only those
135 changes made by this act to sections 565.03 and 561.14, Florida
136 Statutes, and that no other law be affected.
137 (2) If any provisions of sections 567.01, 567.06, or
138 567.07, Florida Statutes, as amended by this act, or if the
139 application of those sections as amended by this act to any
140 person or circumstance is held invalid, the invalidity does not
141 affect other provisions or applications of the act which can be
142 given effect without the invalid provision or application, and
143 to this end sections 567.01, 567.06, or 567.07, Florida
144 Statutes, as amended by this act are severable.
145 Section 7. This act shall take effect July 1, 2013.
146
147 ================= T I T L E A M E N D M E N T ================
148 And the title is amended as follows:
149 Delete lines 2 - 14
150 and insert:
151 An act relating to alcoholic beverages; amending s.
152 565.03, F.S.; providing definitions; revising
153 provisions regarding a state license tax involved with
154 the operation of distilleries; providing requirements
155 for craft distilleries under certain conditions;
156 prohibiting the shipment of certain distilled spirits;
157 restricting license transferability and ownership
158 affiliation; providing reporting requirements;
159 providing requirements relating to the payment of
160 taxes; providing for the adoption of rules; amending
161 s. 561.14, F.S.; conforming a cross-reference;
162 amending s. 567.01, F.S.; providing that a county
163 commission may order an election on the sale of
164 alcoholic beverages for consumption on premise;
165 amending s. 567.06; conforming a cross reference;
166 amending s. 567.07, F.S.; conforming a cross
167 reference; declaring that the provisions of ss. 565.03
168 and 561.14, F.S., as amended by this act are not
169 severable; providing a severability clause; providing
170 an effective date.