Bill Text: FL S0912 | 2020 | Regular Session | Introduced


Bill Title: Department of Business and Professional Regulation

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-03-11 - Laid on Table, refer to CS/CS/CS/HB 689 [S0912 Detail]

Download: Florida-2020-S0912-Introduced.html
       Florida Senate - 2020                                     SB 912
       
       
        
       By Senator Diaz
       
       
       
       
       
       36-00914A-20                                           2020912__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Business and
    3         Professional Regulation; amending s. 210.09, F.S.;
    4         requiring that certain reports relating to the
    5         transportation or possession of cigarettes be filed
    6         with the Division of Alcoholic Beverages and Tobacco
    7         through the division’s electronic data submission
    8         system; amending s. 210.55, F.S.; requiring that
    9         certain entities file reports, rather than returns,
   10         relating to tobacco products with the division;
   11         providing requirements for such reports; amending s.
   12         509.241, F.S.; revising rulemaking requirements
   13         relating to public lodging and food service licenses;
   14         amending s. 509.251, F.S.; deleting provisions
   15         relating to fee schedule requirements; specifying that
   16         all fees are payable in full upon submission of an
   17         application for a public lodging establishment license
   18         or a public food service license; amending s. 548.003,
   19         F.S.; renaming the Florida State Boxing Commission as
   20         the Florida Athletic Commission; amending s. 548.043,
   21         F.S.; revising rulemaking requirements for the
   22         commission relating to gloves; amending s. 561.01,
   23         F.S.; deleting the definition of the term “permit
   24         carrier”; amending s. 561.17, F.S.; revising a
   25         requirement related to the filing of fingerprints with
   26         the division; requiring that applications be
   27         accompanied by certain information relating to right
   28         of occupancy; providing requirements relating to
   29         contact information for licensees and permittees;
   30         amending s. 561.20, F.S.; conforming cross-references;
   31         revising requirements for issuing special licenses to
   32         certain food service establishments; amending s.
   33         561.42, F.S.; requiring the division, and authorizing
   34         vendors, to use electronic mail to give certain
   35         notice; amending s. 561.55, F.S.; revising
   36         requirements for reports relating to alcoholic
   37         beverages; amending s. 718.112, F.S.; providing the
   38         circumstances under which a person is delinquent in
   39         the payment of an assessment in the context of
   40         eligibility for membership on certain condominium
   41         boards; requiring that an annual budget be proposed to
   42         unit owners and adopted by the board before a
   43         specified time; amending s. 718.501, F.S.; authorizing
   44         the Division of Florida Condominiums, Timeshares, and
   45         Mobile Homes to adopt rules regarding the submission
   46         of complaints against a condominium association;
   47         amending s. 718.5014, F.S.; revising the location
   48         requirements for the principal office of the
   49         condominium ombudsman; amending ss. 455.219, 548.002,
   50         548.05, 548.071, and 548.077, F.S.; conforming
   51         provisions to changes made by the act; providing an
   52         effective date.
   53          
   54  Be It Enacted by the Legislature of the State of Florida:
   55  
   56         Section 1. Subsection (2) of section 210.09, Florida
   57  Statutes, is amended to read:
   58         210.09 Records to be kept; reports to be made;
   59  examination.—
   60         (2) The division is authorized to prescribe and promulgate
   61  by rules and regulations, which shall have the force and effect
   62  of the law, such records to be kept and reports to be made to
   63  the division by any manufacturer, importer, distributing agent,
   64  wholesale dealer, retail dealer, common carrier, or any other
   65  person handling, transporting or possessing cigarettes for sale
   66  or distribution within the state as may be necessary to collect
   67  and properly distribute the taxes imposed by s. 210.02. All
   68  reports shall be made on or before the 10th day of the month
   69  following the month for which the report is made, unless the
   70  division by rule or regulation shall prescribe that reports be
   71  made more often. All reports shall be filed with the division
   72  through the division’s electronic data submission system.
   73         Section 2. Subsection (1) of section 210.55, Florida
   74  Statutes, is amended to read:
   75         210.55 Distributors; monthly returns.—
   76         (1) On or before the 10th of each month, every taxpayer
   77  with a place of business in this state shall file a full and
   78  complete report return with the division showing the tobacco
   79  products taxable price of each tobacco product brought or caused
   80  to be brought into this state for sale, or made, manufactured,
   81  or fabricated in this state for sale in this state, during the
   82  preceding month. Every taxpayer outside this state shall file a
   83  full and complete report with the division through the
   84  division’s electronic data submission system return showing the
   85  quantity and taxable price of each tobacco product shipped or
   86  transported to retailers in this state, to be sold by those
   87  retailers, during the preceding month. Reports must Returns
   88  shall be made upon forms furnished and prescribed by the
   89  division and must shall contain any other information that the
   90  division requires. Each report must return shall be accompanied
   91  by a remittance for the full tax liability shown and be filed
   92  with the division through the division’s electronic data
   93  submission system.
   94         Section 3. Subsection (1) of section 509.241, Florida
   95  Statutes, is amended to read:
   96         509.241 Licenses required; exceptions.—
   97         (1) LICENSES; ANNUAL RENEWALS.—Each public lodging
   98  establishment and public food service establishment shall obtain
   99  a license from the division. Such license may not be transferred
  100  from one place or individual to another. It shall be a
  101  misdemeanor of the second degree, punishable as provided in s.
  102  775.082 or s. 775.083, for such an establishment to operate
  103  without a license. Local law enforcement shall provide immediate
  104  assistance in pursuing an illegally operating establishment. The
  105  division may refuse a license, or a renewal thereof, to any
  106  establishment that is not constructed and maintained in
  107  accordance with law and with the rules of the division. The
  108  division may refuse to issue a license, or a renewal thereof, to
  109  any establishment an operator of which, within the preceding 5
  110  years, has been adjudicated guilty of, or has forfeited a bond
  111  when charged with, any crime reflecting on professional
  112  character, including soliciting for prostitution, pandering,
  113  letting premises for prostitution, keeping a disorderly place,
  114  or illegally dealing in controlled substances as defined in
  115  chapter 893, whether in this state or in any other jurisdiction
  116  within the United States, or has had a license denied, revoked,
  117  or suspended pursuant to s. 429.14. Licenses shall be renewed
  118  annually, and the division shall adopt rules a rule establishing
  119  procedures a staggered schedule for license issuance and
  120  renewals. If any license expires while administrative charges
  121  are pending against the license, the proceedings against the
  122  license shall continue to conclusion as if the license were
  123  still in effect.
  124         Section 4. Subsections (1) and (2) of section 509.251,
  125  Florida Statutes, are amended to read:
  126         509.251 License fees.—
  127         (1) The division shall adopt, by rule, a schedule of fees
  128  to be paid by each public lodging establishment as a
  129  prerequisite to issuance or renewal of a license. Such fees
  130  shall be based on the number of rental units in the
  131  establishment. The aggregate fee per establishment charged any
  132  public lodging establishment may not exceed $1,000; however, the
  133  fees described in paragraphs (a) and (b) may not be included as
  134  part of the aggregate fee subject to this cap. Vacation rental
  135  units or timeshare projects within separate buildings or at
  136  separate locations but managed by one licensed agent may be
  137  combined in a single license application, and the division shall
  138  charge a license fee as if all units in the application are in a
  139  single licensed establishment. The fee schedule shall require an
  140  establishment which applies for an initial license to pay the
  141  full license fee if application is made during the annual
  142  renewal period or more than 6 months before the next such
  143  renewal period and one-half of the fee if application is made 6
  144  months or less before such period. The fee schedule shall
  145  include fees collected for the purpose of funding the
  146  Hospitality Education Program, pursuant to s. 509.302. All fees,
  147  which are payable in full for each application at the time
  148  regardless of when the application is submitted.
  149         (a) Upon making initial application or an application for
  150  change of ownership, the applicant shall pay to the division a
  151  fee as prescribed by rule, not to exceed $50, in addition to any
  152  other fees required by law, which shall cover all costs
  153  associated with initiating regulation of the establishment.
  154         (b) A license renewal filed with the division after the
  155  expiration date shall be accompanied by a delinquent fee as
  156  prescribed by rule, not to exceed $50, in addition to the
  157  renewal fee and any other fees required by law.
  158         (2) The division shall adopt, by rule, a schedule of fees
  159  to be paid by each public food service establishment as a
  160  prerequisite to issuance or renewal of a license. The fee
  161  schedule shall prescribe a basic fee and additional fees based
  162  on seating capacity and services offered. The aggregate fee per
  163  establishment charged any public food service establishment may
  164  not exceed $400; however, the fees described in paragraphs (a)
  165  and (b) may not be included as part of the aggregate fee subject
  166  to this cap. The fee schedule shall require an establishment
  167  which applies for an initial license to pay the full license fee
  168  if application is made during the annual renewal period or more
  169  than 6 months before the next such renewal period and one-half
  170  of the fee if application is made 6 months or less before such
  171  period. The fee schedule shall include fees collected for the
  172  purpose of funding the Hospitality Education Program, pursuant
  173  to s. 509.302. All fees, which are payable in full for each
  174  application at the time regardless of when the application is
  175  submitted.
  176         (a) Upon making initial application or an application for
  177  change of ownership, the applicant shall pay to the division a
  178  fee as prescribed by rule, not to exceed $50, in addition to any
  179  other fees required by law, which shall cover all costs
  180  associated with initiating regulation of the establishment.
  181         (b) A license renewal filed with the division after the
  182  expiration date shall be accompanied by a delinquent fee as
  183  prescribed by rule, not to exceed $50, in addition to the
  184  renewal fee and any other fees required by law.
  185         Section 5. Section 548.003, Florida Statutes, is amended to
  186  read:
  187         548.003 Florida Athletic State Boxing Commission.—
  188         (1) The Florida Athletic State Boxing Commission is created
  189  and is assigned to the Department of Business and Professional
  190  Regulation for administrative and fiscal accountability purposes
  191  only. The Florida State Boxing commission shall consist of five
  192  members appointed by the Governor, subject to confirmation by
  193  the Senate. One member must be a physician licensed pursuant to
  194  chapter 458 or chapter 459, who must maintain an unencumbered
  195  license in good standing, and who must, at the time of her or
  196  his appointment, have practiced medicine for at least 5 years.
  197  Upon the expiration of the term of a commissioner, the Governor
  198  shall appoint a successor to serve for a 4-year term. A
  199  commissioner whose term has expired shall continue to serve on
  200  the commission until such time as a replacement is appointed. If
  201  a vacancy on the commission occurs prior to the expiration of
  202  the term, it shall be filled for the unexpired portion of the
  203  term in the same manner as the original appointment.
  204         (2) The Florida State Boxing commission, as created by
  205  subsection (1), shall administer the provisions of this chapter.
  206  The commission has authority to adopt rules pursuant to ss.
  207  120.536(1) and 120.54 to implement the provisions of this
  208  chapter and to implement each of the duties and responsibilities
  209  conferred upon the commission, including, but not limited to:
  210         (a) Development of an ethical code of conduct for
  211  commissioners, commission staff, and commission officials.
  212         (b) Facility and safety requirements relating to the ring,
  213  floor plan and apron seating, emergency medical equipment and
  214  services, and other equipment and services necessary for the
  215  conduct of a program of matches.
  216         (c) Requirements regarding a participant’s apparel,
  217  bandages, handwraps, gloves, mouthpiece, and appearance during a
  218  match.
  219         (d) Requirements relating to a manager’s participation,
  220  presence, and conduct during a match.
  221         (e) Duties and responsibilities of all licensees under this
  222  chapter.
  223         (f) Procedures for hearings and resolution of disputes.
  224         (g) Qualifications for appointment of referees and judges.
  225         (h) Qualifications for and appointment of chief inspectors
  226  and inspectors and duties and responsibilities of chief
  227  inspectors and inspectors with respect to oversight and
  228  coordination of activities for each program of matches regulated
  229  under this chapter.
  230         (i) Designation and duties of a knockdown timekeeper.
  231         (j) Setting fee and reimbursement schedules for referees
  232  and other officials appointed by the commission or the
  233  representative of the commission.
  234         (k) Establishment of criteria for approval, disapproval,
  235  suspension of approval, and revocation of approval of amateur
  236  sanctioning organizations for amateur boxing, kickboxing, and
  237  mixed martial arts held in this state, including, but not
  238  limited to, the health and safety standards the organizations
  239  use before, during, and after the matches to ensure the health,
  240  safety, and well-being of the amateurs participating in the
  241  matches, including the qualifications and numbers of health care
  242  personnel required to be present, the qualifications required
  243  for referees, and other requirements relating to the health,
  244  safety, and well-being of the amateurs participating in the
  245  matches. The commission may adopt by rule, or incorporate by
  246  reference into rule, the health and safety standards of USA
  247  Boxing as the minimum health and safety standards for an amateur
  248  boxing sanctioning organization, the health and safety standards
  249  of the International Sport Kickboxing Association as the minimum
  250  health and safety standards for an amateur kickboxing
  251  sanctioning organization, and the minimum health and safety
  252  standards for an amateur mixed martial arts sanctioning
  253  organization. The commission shall review its rules for
  254  necessary revision at least every 2 years and may adopt by rule,
  255  or incorporate by reference into rule, the then-existing current
  256  health and safety standards of USA Boxing and the International
  257  Sport Kickboxing Association. The commission may adopt emergency
  258  rules to administer this paragraph.
  259         (3) The commission shall maintain an office in Tallahassee.
  260  At the first meeting of the commission after June 1 of each
  261  year, the commission shall select a chair and a vice chair from
  262  among its membership. Three members shall constitute a quorum
  263  and the concurrence of at least three members is necessary for
  264  official commission action.
  265         (4) Three consecutive unexcused absences or absences
  266  constituting 50 percent or more of the commission’s meetings
  267  within any 12-month period shall cause the commission membership
  268  of the member in question to become void, and the position shall
  269  be considered vacant. The commission shall, by rule, define
  270  unexcused absences.
  271         (5) Each commission member shall be accountable to the
  272  Governor for the proper performance of duties as a member of the
  273  commission. The Governor shall cause to be investigated any
  274  complaint or unfavorable report received by the Governor or the
  275  department concerning an action of the commission or any member
  276  and shall take appropriate action thereon. The Governor may
  277  remove from office any member for malfeasance, unethical
  278  conduct, misfeasance, neglect of duty, incompetence, permanent
  279  inability to perform official duties, or pleading guilty or nolo
  280  contendere to or being found guilty of a felony.
  281         (6) Each member of the commission shall be compensated at
  282  the rate of $50 for each day she or he attends a commission
  283  meeting and shall be reimbursed for other expenses as provided
  284  in s. 112.061.
  285         (7) The commission shall be authorized to join and
  286  participate in the activities of the Association of Boxing
  287  Commissions (ABC).
  288         (8) The department shall provide all legal and
  289  investigative services necessary to implement this chapter. The
  290  department may adopt rules as provided in ss. 120.536(1) and
  291  120.54 to carry out its duties under this chapter.
  292         Section 6. Subsection (3) of section 548.043, Florida
  293  Statutes, is amended to read:
  294         548.043 Weights and classes, limitations; gloves.—
  295         (3) The commission shall establish by rule the need for
  296  gloves, if any, and the weight of any such gloves to be used in
  297  each pugilistic match the appropriate weight of gloves to be
  298  used in each boxing match; however, all participants in boxing
  299  matches shall wear gloves weighing not less than 8 ounces each
  300  and participants in mixed martial arts matches shall wear gloves
  301  weighing 4 to 8 ounces each. Participants shall wear such
  302  protective devices as the commission deems necessary.
  303         Section 7. Subsection (20) of section 561.01, Florida
  304  Statutes, is amended to read:
  305         561.01 Definitions.—As used in the Beverage Law:
  306         (20) “Permit carrier” means a licensee authorized to make
  307  deliveries as provided in s. 561.57.
  308         Section 8. Subsections (1) and (2) of section 561.17,
  309  Florida Statutes, are amended, and subsection (5) is added to
  310  that section, to read:
  311         561.17 License and registration applications; approved
  312  person.—
  313         (1) Any person, before engaging in the business of
  314  manufacturing, bottling, distributing, selling, or in any way
  315  dealing in alcoholic beverages, shall file, with the district
  316  licensing personnel of the district of the division in which the
  317  place of business for which a license is sought is located, a
  318  sworn application in the format prescribed by the division. The
  319  applicant must be a legal or business entity, person, or persons
  320  and must include all persons, officers, shareholders, and
  321  directors of such legal or business entity that have a direct or
  322  indirect interest in the business seeking to be licensed under
  323  this part. However, the applicant does not include any person
  324  that derives revenue from the license solely through a
  325  contractual relationship with the licensee, the substance of
  326  which contractual relationship is not related to the control of
  327  the sale of alcoholic beverages. Before any application is
  328  approved, the division may require the applicant to file a set
  329  of fingerprints electronically through an approved electronic
  330  fingerprinting vendor or on regular United States Department of
  331  Justice forms prescribed by the Florida Department of Law
  332  Enforcement for herself or himself and for any person or persons
  333  interested directly or indirectly with the applicant in the
  334  business for which the license is being sought, when required by
  335  the division. If the applicant or any person who is interested
  336  with the applicant either directly or indirectly in the business
  337  or who has a security interest in the license being sought or
  338  has a right to a percentage payment from the proceeds of the
  339  business, either by lease or otherwise, is not qualified, the
  340  division shall deny the application. However, any company
  341  regularly traded on a national securities exchange and not over
  342  the counter; any insurer, as defined in the Florida Insurance
  343  Code; or any bank or savings and loan association chartered by
  344  this state, another state, or the United States which has an
  345  interest, directly or indirectly, in an alcoholic beverage
  346  license is not required to obtain the division’s approval of its
  347  officers, directors, or stockholders or any change of such
  348  positions or interests. A shopping center with five or more
  349  stores, one or more of which has an alcoholic beverage license
  350  and is required under a lease common to all shopping center
  351  tenants to pay no more than 10 percent of the gross proceeds of
  352  the business holding the license to the shopping center, is not
  353  considered as having an interest, directly or indirectly, in the
  354  license. A performing arts center, as defined in s. 561.01,
  355  which has an interest, directly or indirectly, in an alcoholic
  356  beverage license is not required to obtain division approval of
  357  its volunteer officers or directors or of any change in such
  358  positions or interests.
  359         (2) All applications for any alcoholic beverage license
  360  must be accompanied by proof of the applicant’s right of
  361  occupancy for the entire premises sought to be licensed. All
  362  applications for alcoholic beverage licenses for consumption on
  363  the premises shall be accompanied by a certificate of the
  364  Division of Hotels and Restaurants of the Department of Business
  365  and Professional Regulation, the Department of Agriculture and
  366  Consumer Services, the Department of Health, the Agency for
  367  Health Care Administration, or the county health department that
  368  the place of business wherein the business is to be conducted
  369  meets all of the sanitary requirements of the state.
  370         (5)Any person or entity licensed or permitted by the
  371  division must provide an electronic mail address to the division
  372  to function as the primary contact for all communication by the
  373  division to the licensee or permittees. Licensees and permittees
  374  are responsible for maintaining accurate contact information on
  375  file with the division.
  376         Section 9. Paragraph (a) of subsection (2) of section
  377  561.20, Florida Statutes, is amended to read:
  378         561.20 Limitation upon number of licenses issued.—
  379         (2)(a) The limitation of the number of licenses as provided
  380  in this section does not prohibit the issuance of a special
  381  license to:
  382         1. Any bona fide hotel, motel, or motor court of not fewer
  383  than 80 guest rooms in any county having a population of less
  384  than 50,000 residents, and of not fewer than 100 guest rooms in
  385  any county having a population of 50,000 residents or greater;
  386  or any bona fide hotel or motel located in a historic structure,
  387  as defined in s. 561.01(20) s. 561.01(21), with fewer than 100
  388  guest rooms which derives at least 51 percent of its gross
  389  revenue from the rental of hotel or motel rooms, which is
  390  licensed as a public lodging establishment by the Division of
  391  Hotels and Restaurants; provided, however, that a bona fide
  392  hotel or motel with no fewer than 10 and no more than 25 guest
  393  rooms which is a historic structure, as defined in s. 561.01(20)
  394  s. 561.01(21), in a municipality that on the effective date of
  395  this act has a population, according to the University of
  396  Florida’s Bureau of Economic and Business Research Estimates of
  397  Population for 1998, of no fewer than 25,000 and no more than
  398  35,000 residents and that is within a constitutionally chartered
  399  county may be issued a special license. This special license
  400  shall allow the sale and consumption of alcoholic beverages only
  401  on the licensed premises of the hotel or motel. In addition, the
  402  hotel or motel must derive at least 60 percent of its gross
  403  revenue from the rental of hotel or motel rooms and the sale of
  404  food and nonalcoholic beverages; provided that this subparagraph
  405  shall supersede local laws requiring a greater number of hotel
  406  rooms;
  407         2. Any condominium accommodation of which no fewer than 100
  408  condominium units are wholly rentable to transients and which is
  409  licensed under chapter 509, except that the license shall be
  410  issued only to the person or corporation that operates the hotel
  411  or motel operation and not to the association of condominium
  412  owners;
  413         3. Any condominium accommodation of which no fewer than 50
  414  condominium units are wholly rentable to transients, which is
  415  licensed under chapter 509, and which is located in any county
  416  having home rule under s. 10 or s. 11, Art. VIII of the State
  417  Constitution of 1885, as amended, and incorporated by reference
  418  in s. 6(e), Art. VIII of the State Constitution, except that the
  419  license shall be issued only to the person or corporation that
  420  operates the hotel or motel operation and not to the association
  421  of condominium owners;
  422         4. A food service establishment that has 2,500 square feet
  423  of service area, is equipped to serve meals to 150 persons at
  424  one time, and derives at least 51 percent of its gross food and
  425  beverage revenue from the sale of food and nonalcoholic
  426  beverages during the first 120-day 60-day operating period and
  427  the first each 12-month operating period thereafter. Subsequent
  428  audit timeframes must be based upon the audit percentage
  429  established by the most recent audit and conducted on a
  430  staggered scale as follows: level 1, 51 percent to 60 percent,
  431  every year; level 2, 61 percent to 75 percent, every 2 years;
  432  level 3, 76 percent to 90 percent, every 3 years; and level 4,
  433  91 percent to 100 percent, every 4 years. A food service
  434  establishment granted a special license on or after January 1,
  435  1958, pursuant to general or special law may not operate as a
  436  package store and may not sell intoxicating beverages under such
  437  license after the hours of serving or consumption of food have
  438  elapsed. Failure by a licensee to meet the required percentage
  439  of food and nonalcoholic beverage gross revenues during the
  440  covered operating period shall result in revocation of the
  441  license or denial of the pending license application. A licensee
  442  whose license is revoked or an applicant whose pending
  443  application is denied, or any person required to qualify on the
  444  special license application, is ineligible to have any interest
  445  in a subsequent application for such a license for a period of
  446  120 days after the date of the final denial or revocation;
  447         5. Any caterer, deriving at least 51 percent of its gross
  448  food and beverage revenue from the sale of food and nonalcoholic
  449  beverages at each catered event, licensed by the Division of
  450  Hotels and Restaurants under chapter 509. This subparagraph does
  451  not apply to a culinary education program, as defined in s.
  452  381.0072(2), which is licensed as a public food service
  453  establishment by the Division of Hotels and Restaurants and
  454  provides catering services. Notwithstanding any law to the
  455  contrary, a licensee under this subparagraph shall sell or serve
  456  alcoholic beverages only for consumption on the premises of a
  457  catered event at which the licensee is also providing prepared
  458  food, and shall prominently display its license at any catered
  459  event at which the caterer is selling or serving alcoholic
  460  beverages. A licensee under this subparagraph shall purchase all
  461  alcoholic beverages it sells or serves at a catered event from a
  462  vendor licensed under s. 563.02(1), s. 564.02(1), or licensed
  463  under s. 565.02(1) subject to the limitation imposed in
  464  subsection (1), as appropriate. A licensee under this
  465  subparagraph may not store any alcoholic beverages to be sold or
  466  served at a catered event. Any alcoholic beverages purchased by
  467  a licensee under this subparagraph for a catered event that are
  468  not used at that event must remain with the customer; provided
  469  that if the vendor accepts unopened alcoholic beverages, the
  470  licensee may return such alcoholic beverages to the vendor for a
  471  credit or reimbursement. Regardless of the county or counties in
  472  which the licensee operates, a licensee under this subparagraph
  473  shall pay the annual state license tax set forth in s.
  474  565.02(1)(b). A licensee under this subparagraph must maintain
  475  for a period of 3 years all records and receipts for each
  476  catered event, including all contracts, customers’ names, event
  477  locations, event dates, food purchases and sales, alcoholic
  478  beverage purchases and sales, nonalcoholic beverage purchases
  479  and sales, and any other records required by the department by
  480  rule to demonstrate compliance with the requirements of this
  481  subparagraph. Notwithstanding any law to the contrary, any
  482  vendor licensed under s. 565.02(1) subject to the limitation
  483  imposed in subsection (1), may, without any additional licensure
  484  under this subparagraph, serve or sell alcoholic beverages for
  485  consumption on the premises of a catered event at which prepared
  486  food is provided by a caterer licensed under chapter 509. If a
  487  licensee under this subparagraph also possesses any other
  488  license under the Beverage Law, the license issued under this
  489  subparagraph shall not authorize the holder to conduct
  490  activities on the premises to which the other license or
  491  licenses apply that would otherwise be prohibited by the terms
  492  of that license or the Beverage Law. Nothing in this section
  493  shall permit the licensee to conduct activities that are
  494  otherwise prohibited by the Beverage Law or local law. The
  495  Division of Alcoholic Beverages and Tobacco is hereby authorized
  496  to adopt rules to administer the license created in this
  497  subparagraph, to include rules governing licensure,
  498  recordkeeping, and enforcement. The first $300,000 in fees
  499  collected by the division each fiscal year pursuant to this
  500  subparagraph shall be deposited in the Department of Children
  501  and Families’ Operations and Maintenance Trust Fund to be used
  502  only for alcohol and drug abuse education, treatment, and
  503  prevention programs. The remainder of the fees collected shall
  504  be deposited into the Hotel and Restaurant Trust Fund created
  505  pursuant to s. 509.072; or
  506         6. A culinary education program as defined in s.
  507  381.0072(2) which is licensed as a public food service
  508  establishment by the Division of Hotels and Restaurants.
  509         a. This special license shall allow the sale and
  510  consumption of alcoholic beverages on the licensed premises of
  511  the culinary education program. The culinary education program
  512  shall specify designated areas in the facility where the
  513  alcoholic beverages may be consumed at the time of application.
  514  Alcoholic beverages sold for consumption on the premises may be
  515  consumed only in areas designated pursuant to s. 561.01(11) and
  516  may not be removed from the designated area. Such license shall
  517  be applicable only in and for designated areas used by the
  518  culinary education program.
  519         b. If the culinary education program provides catering
  520  services, this special license shall also allow the sale and
  521  consumption of alcoholic beverages on the premises of a catered
  522  event at which the licensee is also providing prepared food. A
  523  culinary education program that provides catering services is
  524  not required to derive at least 51 percent of its gross revenue
  525  from the sale of food and nonalcoholic beverages.
  526  Notwithstanding any law to the contrary, a licensee that
  527  provides catering services under this sub-subparagraph shall
  528  prominently display its beverage license at any catered event at
  529  which the caterer is selling or serving alcoholic beverages.
  530  Regardless of the county or counties in which the licensee
  531  operates, a licensee under this sub-subparagraph shall pay the
  532  annual state license tax set forth in s. 565.02(1)(b). A
  533  licensee under this sub-subparagraph must maintain for a period
  534  of 3 years all records required by the department by rule to
  535  demonstrate compliance with the requirements of this sub
  536  subparagraph.
  537         c. If a licensee under this subparagraph also possesses any
  538  other license under the Beverage Law, the license issued under
  539  this subparagraph does not authorize the holder to conduct
  540  activities on the premises to which the other license or
  541  licenses apply that would otherwise be prohibited by the terms
  542  of that license or the Beverage Law. Nothing in this
  543  subparagraph shall permit the licensee to conduct activities
  544  that are otherwise prohibited by the Beverage Law or local law.
  545  Any culinary education program that holds a license to sell
  546  alcoholic beverages shall comply with the age requirements set
  547  forth in ss. 562.11(4), 562.111(2), and 562.13.
  548         d. The Division of Alcoholic Beverages and Tobacco may
  549  adopt rules to administer the license created in this
  550  subparagraph, to include rules governing licensure,
  551  recordkeeping, and enforcement.
  552         e. A license issued pursuant to this subparagraph does not
  553  permit the licensee to sell alcoholic beverages by the package
  554  for off-premises consumption.
  555  
  556  However, any license heretofore issued to any such hotel, motel,
  557  motor court, or restaurant or hereafter issued to any such
  558  hotel, motel, or motor court, including a condominium
  559  accommodation, under the general law shall not be moved to a new
  560  location, such license being valid only on the premises of such
  561  hotel, motel, motor court, or restaurant. Licenses issued to
  562  hotels, motels, motor courts, or restaurants under the general
  563  law and held by such hotels, motels, motor courts, or
  564  restaurants on May 24, 1947, shall be counted in the quota
  565  limitation contained in subsection (1). Any license issued for
  566  any hotel, motel, or motor court under this law shall be issued
  567  only to the owner of the hotel, motel, or motor court or, in the
  568  event the hotel, motel, or motor court is leased, to the lessee
  569  of the hotel, motel, or motor court; and the license shall
  570  remain in the name of the owner or lessee so long as the license
  571  is in existence. Any special license now in existence heretofore
  572  issued under this law cannot be renewed except in the name of
  573  the owner of the hotel, motel, motor court, or restaurant or, in
  574  the event the hotel, motel, motor court, or restaurant is
  575  leased, in the name of the lessee of the hotel, motel, motor
  576  court, or restaurant in which the license is located and must
  577  remain in the name of the owner or lessee so long as the license
  578  is in existence. Any license issued under this section shall be
  579  marked “Special,” and nothing herein provided shall limit,
  580  restrict, or prevent the issuance of a special license for any
  581  restaurant or motel which shall hereafter meet the requirements
  582  of the law existing immediately prior to the effective date of
  583  this act, if construction of such restaurant has commenced prior
  584  to the effective date of this act and is completed within 30
  585  days thereafter, or if an application is on file for such
  586  special license at the time this act takes effect; and any such
  587  licenses issued under this proviso may be annually renewed as
  588  now provided by law. Nothing herein prevents an application for
  589  transfer of a license to a bona fide purchaser of any hotel,
  590  motel, motor court, or restaurant by the purchaser of such
  591  facility or the transfer of such license pursuant to law.
  592         Section 10. Subsection (4) of section 561.42, Florida
  593  Statutes, is amended to read:
  594         561.42 Tied house evil; financial aid and assistance to
  595  vendor by manufacturer, distributor, importer, primary American
  596  source of supply, brand owner or registrant, or any broker,
  597  sales agent, or sales person thereof, prohibited; procedure for
  598  enforcement; exception.—
  599         (4) Before the division shall so declare and prohibit such
  600  sales to such vendor, it shall, within 2 days after receipt of
  601  such notice, the division shall give written notice to such
  602  vendor by electronic mail of the receipt by the division of such
  603  notification of delinquency and such vendor shall be directed to
  604  forthwith make payment thereof or, upon failure to do so, to
  605  show cause before the division why further sales to such vendor
  606  shall not be prohibited. Good and sufficient cause to prevent
  607  such action by the division may be made by showing payment,
  608  failure of consideration, or any other defense which would be
  609  considered sufficient in a common-law action. The vendor shall
  610  have 5 days after service receipt of such notice via electronic
  611  mail within which to show such cause, and he or she may demand a
  612  hearing thereon, provided he or she does so in writing within
  613  said 5 days, such written demand to be delivered to the division
  614  either in person, by electronic mail, or by due course of mail
  615  within such 5 days. If no such demand for hearing is made, the
  616  division shall thereupon declare in writing to such vendor and
  617  to all manufacturers and distributors within the state that all
  618  further sales to such vendor are prohibited until such time as
  619  the division certifies in writing that such vendor has fully
  620  paid for all liquors previously purchased. In the event such
  621  prohibition of sales and declaration thereof to the vendor,
  622  manufacturers, and distributors is ordered by the division, the
  623  vendor may seek review of such decision by the Department of
  624  Business and Professional Regulation within 5 days. In the event
  625  application for such review is filed within such time, such
  626  prohibition of sales shall not be made, published, or declared
  627  until final disposition of such review by the department.
  628         Section 11. Subsection (2) of section 561.55, Florida
  629  Statutes, is amended to read:
  630         561.55 Manufacturers’, distributors’, brokers’, sales
  631  agents’, importers’, vendors’, and exporters’ records and
  632  reports.—
  633         (2) Each manufacturer, distributor, broker, sales agent,
  634  and importer shall make a full and complete report by the 10th
  635  day of each month for the previous calendar month. The report
  636  must be shall be made out in triplicate; two copies shall be
  637  sent to the division, and the third copy shall be retained for
  638  the manufacturer’s, distributor’s, broker’s, sales agent’s, or
  639  importer’s record. Reports shall be made on forms prepared and
  640  furnished by the division and filed with the division through
  641  the division’s electronic data submission system.
  642         Section 12. Paragraphs (d) and (f) of subsection (2) of
  643  section 718.112, Florida Statutes, are amended to read:
  644         718.112 Bylaws.—
  645         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
  646  following and, if they do not do so, shall be deemed to include
  647  the following:
  648         (d) Unit owner meetings.—
  649         1. An annual meeting of the unit owners must be held at the
  650  location provided in the association bylaws and, if the bylaws
  651  are silent as to the location, the meeting must be held within
  652  45 miles of the condominium property. However, such distance
  653  requirement does not apply to an association governing a
  654  timeshare condominium.
  655         2. Unless the bylaws provide otherwise, a vacancy on the
  656  board caused by the expiration of a director’s term must be
  657  filled by electing a new board member, and the election must be
  658  by secret ballot. An election is not required if the number of
  659  vacancies equals or exceeds the number of candidates. For
  660  purposes of this paragraph, the term “candidate” means an
  661  eligible person who has timely submitted the written notice, as
  662  described in sub-subparagraph 4.a., of his or her intention to
  663  become a candidate. Except in a timeshare or nonresidential
  664  condominium, or if the staggered term of a board member does not
  665  expire until a later annual meeting, or if all members’ terms
  666  would otherwise expire but there are no candidates, the terms of
  667  all board members expire at the annual meeting, and such members
  668  may stand for reelection unless prohibited by the bylaws. Board
  669  members may serve terms longer than 1 year if permitted by the
  670  bylaws or articles of incorporation. A board member may not
  671  serve more than 8 consecutive years unless approved by an
  672  affirmative vote of unit owners representing two-thirds of all
  673  votes cast in the election or unless there are not enough
  674  eligible candidates to fill the vacancies on the board at the
  675  time of the vacancy. If the number of board members whose terms
  676  expire at the annual meeting equals or exceeds the number of
  677  candidates, the candidates become members of the board effective
  678  upon the adjournment of the annual meeting. Unless the bylaws
  679  provide otherwise, any remaining vacancies shall be filled by
  680  the affirmative vote of the majority of the directors making up
  681  the newly constituted board even if the directors constitute
  682  less than a quorum or there is only one director. In a
  683  residential condominium association of more than 10 units or in
  684  a residential condominium association that does not include
  685  timeshare units or timeshare interests, co-owners of a unit may
  686  not serve as members of the board of directors at the same time
  687  unless they own more than one unit or unless there are not
  688  enough eligible candidates to fill the vacancies on the board at
  689  the time of the vacancy. A unit owner in a residential
  690  condominium desiring to be a candidate for board membership must
  691  comply with sub-subparagraph 4.a. and must be eligible to be a
  692  candidate to serve on the board of directors at the time of the
  693  deadline for submitting a notice of intent to run in order to
  694  have his or her name listed as a proper candidate on the ballot
  695  or to serve on the board. A person who has been suspended or
  696  removed by the division under this chapter, or who is delinquent
  697  in the payment of any assessment monetary obligation due to the
  698  association, is not eligible to be a candidate for board
  699  membership and may not be listed on the ballot. A person is
  700  delinquent if a payment is not made by the due date as
  701  specifically identified in the declaration of condominium,
  702  bylaws, or articles of incorporation. If a due date is not
  703  specifically identified in the declaration of condominium,
  704  bylaws, or articles of incorporation, the due date is the first
  705  day of the monthly or quarterly assessment period. A person who
  706  has been convicted of any felony in this state or in a United
  707  States District or Territorial Court, or who has been convicted
  708  of any offense in another jurisdiction which would be considered
  709  a felony if committed in this state, is not eligible for board
  710  membership unless such felon’s civil rights have been restored
  711  for at least 5 years as of the date such person seeks election
  712  to the board. The validity of an action by the board is not
  713  affected if it is later determined that a board member is
  714  ineligible for board membership due to having been convicted of
  715  a felony. This subparagraph does not limit the term of a member
  716  of the board of a nonresidential or timeshare condominium.
  717         3. The bylaws must provide the method of calling meetings
  718  of unit owners, including annual meetings. Written notice must
  719  include an agenda, must be mailed, hand delivered, or
  720  electronically transmitted to each unit owner at least 14 days
  721  before the annual meeting, and must be posted in a conspicuous
  722  place on the condominium property at least 14 continuous days
  723  before the annual meeting. Upon notice to the unit owners, the
  724  board shall, by duly adopted rule, designate a specific location
  725  on the condominium property where all notices of unit owner
  726  meetings must be posted. This requirement does not apply if
  727  there is no condominium property for posting notices. In lieu
  728  of, or in addition to, the physical posting of meeting notices,
  729  the association may, by reasonable rule, adopt a procedure for
  730  conspicuously posting and repeatedly broadcasting the notice and
  731  the agenda on a closed-circuit cable television system serving
  732  the condominium association. However, if broadcast notice is
  733  used in lieu of a notice posted physically on the condominium
  734  property, the notice and agenda must be broadcast at least four
  735  times every broadcast hour of each day that a posted notice is
  736  otherwise required under this section. If broadcast notice is
  737  provided, the notice and agenda must be broadcast in a manner
  738  and for a sufficient continuous length of time so as to allow an
  739  average reader to observe the notice and read and comprehend the
  740  entire content of the notice and the agenda. In addition to any
  741  of the authorized means of providing notice of a meeting of the
  742  board, the association may, by rule, adopt a procedure for
  743  conspicuously posting the meeting notice and the agenda on a
  744  website serving the condominium association for at least the
  745  minimum period of time for which a notice of a meeting is also
  746  required to be physically posted on the condominium property.
  747  Any rule adopted shall, in addition to other matters, include a
  748  requirement that the association send an electronic notice in
  749  the same manner as a notice for a meeting of the members, which
  750  must include a hyperlink to the website where the notice is
  751  posted, to unit owners whose e-mail addresses are included in
  752  the association’s official records. Unless a unit owner waives
  753  in writing the right to receive notice of the annual meeting,
  754  such notice must be hand delivered, mailed, or electronically
  755  transmitted to each unit owner. Notice for meetings and notice
  756  for all other purposes must be mailed to each unit owner at the
  757  address last furnished to the association by the unit owner, or
  758  hand delivered to each unit owner. However, if a unit is owned
  759  by more than one person, the association must provide notice to
  760  the address that the developer identifies for that purpose and
  761  thereafter as one or more of the owners of the unit advise the
  762  association in writing, or if no address is given or the owners
  763  of the unit do not agree, to the address provided on the deed of
  764  record. An officer of the association, or the manager or other
  765  person providing notice of the association meeting, must provide
  766  an affidavit or United States Postal Service certificate of
  767  mailing, to be included in the official records of the
  768  association affirming that the notice was mailed or hand
  769  delivered in accordance with this provision.
  770         4. The members of the board of a residential condominium
  771  shall be elected by written ballot or voting machine. Proxies
  772  may not be used in electing the board in general elections or
  773  elections to fill vacancies caused by recall, resignation, or
  774  otherwise, unless otherwise provided in this chapter. This
  775  subparagraph does not apply to an association governing a
  776  timeshare condominium.
  777         a. At least 60 days before a scheduled election, the
  778  association shall mail, deliver, or electronically transmit, by
  779  separate association mailing or included in another association
  780  mailing, delivery, or transmission, including regularly
  781  published newsletters, to each unit owner entitled to a vote, a
  782  first notice of the date of the election. A unit owner or other
  783  eligible person desiring to be a candidate for the board must
  784  give written notice of his or her intent to be a candidate to
  785  the association at least 40 days before a scheduled election.
  786  Together with the written notice and agenda as set forth in
  787  subparagraph 3., the association shall mail, deliver, or
  788  electronically transmit a second notice of the election to all
  789  unit owners entitled to vote, together with a ballot that lists
  790  all candidates. Upon request of a candidate, an information
  791  sheet, no larger than 8 1/2 inches by 11 inches, which must be
  792  furnished by the candidate at least 35 days before the election,
  793  must be included with the mailing, delivery, or transmission of
  794  the ballot, with the costs of mailing, delivery, or electronic
  795  transmission and copying to be borne by the association. The
  796  association is not liable for the contents of the information
  797  sheets prepared by the candidates. In order to reduce costs, the
  798  association may print or duplicate the information sheets on
  799  both sides of the paper. The division shall by rule establish
  800  voting procedures consistent with this sub-subparagraph,
  801  including rules establishing procedures for giving notice by
  802  electronic transmission and rules providing for the secrecy of
  803  ballots. Elections shall be decided by a plurality of ballots
  804  cast. There is no quorum requirement; however, at least 20
  805  percent of the eligible voters must cast a ballot in order to
  806  have a valid election. A unit owner may not authorize any other
  807  person to vote his or her ballot, and any ballots improperly
  808  cast are invalid. A unit owner who violates this provision may
  809  be fined by the association in accordance with s. 718.303. A
  810  unit owner who needs assistance in casting the ballot for the
  811  reasons stated in s. 101.051 may obtain such assistance. The
  812  regular election must occur on the date of the annual meeting.
  813  Notwithstanding this sub-subparagraph, an election is not
  814  required unless more candidates file notices of intent to run or
  815  are nominated than board vacancies exist.
  816         b. Within 90 days after being elected or appointed to the
  817  board of an association of a residential condominium, each newly
  818  elected or appointed director shall certify in writing to the
  819  secretary of the association that he or she has read the
  820  association’s declaration of condominium, articles of
  821  incorporation, bylaws, and current written policies; that he or
  822  she will work to uphold such documents and policies to the best
  823  of his or her ability; and that he or she will faithfully
  824  discharge his or her fiduciary responsibility to the
  825  association’s members. In lieu of this written certification,
  826  within 90 days after being elected or appointed to the board,
  827  the newly elected or appointed director may submit a certificate
  828  of having satisfactorily completed the educational curriculum
  829  administered by a division-approved condominium education
  830  provider within 1 year before or 90 days after the date of
  831  election or appointment. The written certification or
  832  educational certificate is valid and does not have to be
  833  resubmitted as long as the director serves on the board without
  834  interruption. A director of an association of a residential
  835  condominium who fails to timely file the written certification
  836  or educational certificate is suspended from service on the
  837  board until he or she complies with this sub-subparagraph. The
  838  board may temporarily fill the vacancy during the period of
  839  suspension. The secretary shall cause the association to retain
  840  a director’s written certification or educational certificate
  841  for inspection by the members for 5 years after a director’s
  842  election or the duration of the director’s uninterrupted tenure,
  843  whichever is longer. Failure to have such written certification
  844  or educational certificate on file does not affect the validity
  845  of any board action.
  846         c. Any challenge to the election process must be commenced
  847  within 60 days after the election results are announced.
  848         5. Any approval by unit owners called for by this chapter
  849  or the applicable declaration or bylaws, including, but not
  850  limited to, the approval requirement in s. 718.111(8), must be
  851  made at a duly noticed meeting of unit owners and is subject to
  852  all requirements of this chapter or the applicable condominium
  853  documents relating to unit owner decisionmaking, except that
  854  unit owners may take action by written agreement, without
  855  meetings, on matters for which action by written agreement
  856  without meetings is expressly allowed by the applicable bylaws
  857  or declaration or any law that provides for such action.
  858         6. Unit owners may waive notice of specific meetings if
  859  allowed by the applicable bylaws or declaration or any law.
  860  Notice of meetings of the board of administration, unit owner
  861  meetings, except unit owner meetings called to recall board
  862  members under paragraph (j), and committee meetings may be given
  863  by electronic transmission to unit owners who consent to receive
  864  notice by electronic transmission. A unit owner who consents to
  865  receiving notices by electronic transmission is solely
  866  responsible for removing or bypassing filters that block receipt
  867  of mass emails sent to members on behalf of the association in
  868  the course of giving electronic notices.
  869         7. Unit owners have the right to participate in meetings of
  870  unit owners with reference to all designated agenda items.
  871  However, the association may adopt reasonable rules governing
  872  the frequency, duration, and manner of unit owner participation.
  873         8. A unit owner may tape record or videotape a meeting of
  874  the unit owners subject to reasonable rules adopted by the
  875  division.
  876         9. Unless otherwise provided in the bylaws, any vacancy
  877  occurring on the board before the expiration of a term may be
  878  filled by the affirmative vote of the majority of the remaining
  879  directors, even if the remaining directors constitute less than
  880  a quorum, or by the sole remaining director. In the alternative,
  881  a board may hold an election to fill the vacancy, in which case
  882  the election procedures must conform to sub-subparagraph 4.a.
  883  unless the association governs 10 units or fewer and has opted
  884  out of the statutory election process, in which case the bylaws
  885  of the association control. Unless otherwise provided in the
  886  bylaws, a board member appointed or elected under this section
  887  shall fill the vacancy for the unexpired term of the seat being
  888  filled. Filling vacancies created by recall is governed by
  889  paragraph (j) and rules adopted by the division.
  890         10. This chapter does not limit the use of general or
  891  limited proxies, require the use of general or limited proxies,
  892  or require the use of a written ballot or voting machine for any
  893  agenda item or election at any meeting of a timeshare
  894  condominium association or nonresidential condominium
  895  association.
  896  
  897  Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an
  898  association of 10 or fewer units may, by affirmative vote of a
  899  majority of the total voting interests, provide for different
  900  voting and election procedures in its bylaws, which may be by a
  901  proxy specifically delineating the different voting and election
  902  procedures. The different voting and election procedures may
  903  provide for elections to be conducted by limited or general
  904  proxy.
  905         (f) Annual budget.—
  906         1. The proposed annual budget of estimated revenues and
  907  expenses must be detailed and must show the amounts budgeted by
  908  accounts and expense classifications, including, at a minimum,
  909  any applicable expenses listed in s. 718.504(21). The annual
  910  budget must be proposed to unit owners and adopted by the board
  911  of directors no later than 30 days before the beginning of the
  912  fiscal year. A multicondominium association shall adopt a
  913  separate budget of common expenses for each condominium the
  914  association operates and shall adopt a separate budget of common
  915  expenses for the association. In addition, if the association
  916  maintains limited common elements with the cost to be shared
  917  only by those entitled to use the limited common elements as
  918  provided for in s. 718.113(1), the budget or a schedule attached
  919  to it must show the amount budgeted for this maintenance. If,
  920  after turnover of control of the association to the unit owners,
  921  any of the expenses listed in s. 718.504(21) are not applicable,
  922  they need not be listed.
  923         2.a. In addition to annual operating expenses, the budget
  924  must include reserve accounts for capital expenditures and
  925  deferred maintenance. These accounts must include, but are not
  926  limited to, roof replacement, building painting, and pavement
  927  resurfacing, regardless of the amount of deferred maintenance
  928  expense or replacement cost, and any other item that has a
  929  deferred maintenance expense or replacement cost that exceeds
  930  $10,000. The amount to be reserved must be computed using a
  931  formula based upon estimated remaining useful life and estimated
  932  replacement cost or deferred maintenance expense of each reserve
  933  item. The association may adjust replacement reserve assessments
  934  annually to take into account any changes in estimates or
  935  extension of the useful life of a reserve item caused by
  936  deferred maintenance. This subsection does not apply to an
  937  adopted budget in which the members of an association have
  938  determined, by a majority vote at a duly called meeting of the
  939  association, to provide no reserves or less reserves than
  940  required by this subsection.
  941         b. Before turnover of control of an association by a
  942  developer to unit owners other than a developer pursuant to s.
  943  718.301, the developer may vote the voting interests allocated
  944  to its units to waive the reserves or reduce the funding of
  945  reserves through the period expiring at the end of the second
  946  fiscal year after the fiscal year in which the certificate of a
  947  surveyor and mapper is recorded pursuant to s. 718.104(4)(e) or
  948  an instrument that transfers title to a unit in the condominium
  949  which is not accompanied by a recorded assignment of developer
  950  rights in favor of the grantee of such unit is recorded,
  951  whichever occurs first, after which time reserves may be waived
  952  or reduced only upon the vote of a majority of all nondeveloper
  953  voting interests voting in person or by limited proxy at a duly
  954  called meeting of the association. If a meeting of the unit
  955  owners has been called to determine whether to waive or reduce
  956  the funding of reserves and no such result is achieved or a
  957  quorum is not attained, the reserves included in the budget
  958  shall go into effect. After the turnover, the developer may vote
  959  its voting interest to waive or reduce the funding of reserves.
  960         3. Reserve funds and any interest accruing thereon shall
  961  remain in the reserve account or accounts, and may be used only
  962  for authorized reserve expenditures unless their use for other
  963  purposes is approved in advance by a majority vote at a duly
  964  called meeting of the association. Before turnover of control of
  965  an association by a developer to unit owners other than the
  966  developer pursuant to s. 718.301, the developer-controlled
  967  association may not vote to use reserves for purposes other than
  968  those for which they were intended without the approval of a
  969  majority of all nondeveloper voting interests, voting in person
  970  or by limited proxy at a duly called meeting of the association.
  971         4. The only voting interests that are eligible to vote on
  972  questions that involve waiving or reducing the funding of
  973  reserves, or using existing reserve funds for purposes other
  974  than purposes for which the reserves were intended, are the
  975  voting interests of the units subject to assessment to fund the
  976  reserves in question. Proxy questions relating to waiving or
  977  reducing the funding of reserves or using existing reserve funds
  978  for purposes other than purposes for which the reserves were
  979  intended must contain the following statement in capitalized,
  980  bold letters in a font size larger than any other used on the
  981  face of the proxy ballot: WAIVING OF RESERVES, IN WHOLE OR IN
  982  PART, OR ALLOWING ALTERNATIVE USES OF EXISTING RESERVES MAY
  983  RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED
  984  SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.
  985         Section 13. Paragraph (m) of subsection (1) of section
  986  718.501, Florida Statutes, is amended to read:
  987         718.501 Authority, responsibility, and duties of Division
  988  of Florida Condominiums, Timeshares, and Mobile Homes.—
  989         (1) The division may enforce and ensure compliance with the
  990  provisions of this chapter and rules relating to the
  991  development, construction, sale, lease, ownership, operation,
  992  and management of residential condominium units. In performing
  993  its duties, the division has complete jurisdiction to
  994  investigate complaints and enforce compliance with respect to
  995  associations that are still under developer control or the
  996  control of a bulk assignee or bulk buyer pursuant to part VII of
  997  this chapter and complaints against developers, bulk assignees,
  998  or bulk buyers involving improper turnover or failure to
  999  turnover, pursuant to s. 718.301. However, after turnover has
 1000  occurred, the division has jurisdiction to investigate
 1001  complaints related only to financial issues, elections, and unit
 1002  owner access to association records pursuant to s. 718.111(12).
 1003         (m) If a complaint is made, the division must conduct its
 1004  inquiry with due regard for the interests of the affected
 1005  parties. Within 30 days after receipt of a complaint, the
 1006  division shall acknowledge the complaint in writing and notify
 1007  the complainant whether the complaint is within the jurisdiction
 1008  of the division and whether additional information is needed by
 1009  the division from the complainant. The division shall conduct
 1010  its investigation and, within 90 days after receipt of the
 1011  original complaint or of timely requested additional
 1012  information, take action upon the complaint. However, the
 1013  failure to complete the investigation within 90 days does not
 1014  prevent the division from continuing the investigation,
 1015  accepting or considering evidence obtained or received after 90
 1016  days, or taking administrative action if reasonable cause exists
 1017  to believe that a violation of this chapter or a rule has
 1018  occurred. If an investigation is not completed within the time
 1019  limits established in this paragraph, the division shall, on a
 1020  monthly basis, notify the complainant in writing of the status
 1021  of the investigation. When reporting its action to the
 1022  complainant, the division shall inform the complainant of any
 1023  right to a hearing pursuant to ss. 120.569 and 120.57. The
 1024  division may adopt rules regarding the submission of a complaint
 1025  against an association.
 1026         Section 14. Section 718.5014, Florida Statutes, is amended
 1027  to read:
 1028         718.5014 Ombudsman location.—The ombudsman shall maintain
 1029  his or her principal office at a in Leon County on the premises
 1030  of the division or, if suitable space cannot be provided there,
 1031  at another place convenient to the offices of the division which
 1032  will enable the ombudsman to expeditiously carry out the duties
 1033  and functions of his or her office. The ombudsman may establish
 1034  branch offices elsewhere in the state upon the concurrence of
 1035  the Governor.
 1036         Section 15. Subsection (1) of section 455.219, Florida
 1037  Statutes, is amended to read:
 1038         455.219 Fees; receipts; disposition; periodic management
 1039  reports.—
 1040         (1) Each board within the department shall determine by
 1041  rule the amount of license fees for its profession, based upon
 1042  department-prepared long-range estimates of the revenue required
 1043  to implement all provisions of law relating to the regulation of
 1044  professions by the department and any board; however, when the
 1045  department has determined, based on the long-range estimates of
 1046  such revenue, that a profession’s trust fund moneys are in
 1047  excess of the amount required to cover the necessary functions
 1048  of the board, or the department when there is no board, the
 1049  department may adopt rules to implement a waiver of license
 1050  renewal fees for that profession for a period not to exceed 2
 1051  years, as determined by the department. Each board, or the
 1052  department when there is no board, shall ensure license fees are
 1053  adequate to cover all anticipated costs and to maintain a
 1054  reasonable cash balance, as determined by rule of the
 1055  department, with advice of the applicable board. If sufficient
 1056  action is not taken by a board within 1 year of notification by
 1057  the department that license fees are projected to be inadequate,
 1058  the department shall set license fees on behalf of the
 1059  applicable board to cover anticipated costs and to maintain the
 1060  required cash balance. The department shall include recommended
 1061  fee cap increases in its annual report to the Legislature.
 1062  Further, it is legislative intent that no regulated profession
 1063  operate with a negative cash balance. The department may provide
 1064  by rule for the advancement of sufficient funds to any
 1065  profession or the Florida Athletic State Boxing Commission
 1066  operating with a negative cash balance. Such advancement may be
 1067  for a period not to exceed 2 consecutive years and shall require
 1068  interest to be paid by the regulated profession. Interest shall
 1069  be calculated at the current rate earned on Professional
 1070  Regulation Trust Fund investments. Interest earned shall be
 1071  allocated to the various funds in accordance with the allocation
 1072  of investment earnings during the period of the advance.
 1073         Section 16. Subsection (4) of section 548.002, Florida
 1074  Statutes, is amended to read:
 1075         548.002 Definitions.—As used in this chapter, the term:
 1076         (4) “Commission” means the Florida Athletic State Boxing
 1077  Commission.
 1078         Section 17. Subsections (3) and (4) of section 548.05,
 1079  Florida Statutes, are amended to read:
 1080         548.05 Control of contracts.—
 1081         (3) The commission may require that each contract contain
 1082  language authorizing the Florida State Boxing commission to
 1083  withhold any or all of any manager’s share of a purse in the
 1084  event of a contractual dispute as to entitlement to any portion
 1085  of a purse. The commission may establish rules governing the
 1086  manner of resolution of such dispute. In addition, if the
 1087  commission deems it appropriate, the commission is hereby
 1088  authorized to implead interested parties over any disputed funds
 1089  into the appropriate circuit court for resolution of the dispute
 1090  prior to release of all or any part of the funds.
 1091         (4) Each contract subject to this section shall contain the
 1092  following clause: “This agreement is subject to the provisions
 1093  of chapter 548, Florida Statutes, and to the rules of the
 1094  Florida Athletic State Boxing Commission and to any future
 1095  amendments of either.”
 1096         Section 18. Subsection (12) of section 548.071, Florida
 1097  Statutes, is amended to read:
 1098         548.071 Suspension or revocation of license or permit by
 1099  commission.—The commission may suspend or revoke a license or
 1100  permit if the commission finds that the licensee or permittee:
 1101         (12) Has been disciplined by the Florida State Boxing
 1102  commission or similar agency or body of any jurisdiction.
 1103         Section 19. Section 548.077, Florida Statutes, is amended
 1104  to read:
 1105         548.077 Florida Athletic State Boxing Commission;
 1106  collection and disposition of moneys.—All fees, fines,
 1107  forfeitures, and other moneys collected under the provisions of
 1108  this chapter shall be paid by the commission to the Chief
 1109  Financial Officer who, after the expenses of the commission are
 1110  paid, shall deposit them in the Professional Regulation Trust
 1111  Fund to be used for the administration and operation of the
 1112  commission and to enforce the laws and rules under its
 1113  jurisdiction. In the event the unexpended balance of such moneys
 1114  collected under the provisions of this chapter exceeds $250,000,
 1115  any excess of that amount shall be deposited in the General
 1116  Revenue Fund.
 1117         Section 20. This act shall take effect July 1, 2020.

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