Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 33 No. 29, July 20, 2007 issue of the Florida Administrative Weekly.

61A-5.0105 Beverage Licenses, New Quota Issue.

The division will follow the below listed procedures when entry forms are accepted for inclusion in the drawing for the right to apply for new state liquor licenses authorized by Florida Law, when they become available by reason of an increase in the population of a county voting to permit the sale of intoxicating beverages when such sale had previously been prohibited, or by revocation of a license as provided in Section 561.19(2)(a), F.S.:

(1) The entry period for each quota alcoholic beverage drawing shall begin on the third Monday in August of each year issuance of quota alcoholic beverage licenses has been authorized, and last 45 days. The division shall publish legal notices in the Florida Administrative Weekly and on AB&T’s page of the Department of Business and Professional Regulation’s web site at: http://www.myflorida.com/dbpr/abt/. Each legal notice published will include the deadline for filing entry forms, the number of licenses available for issuance in each county and the location of the division's office where entry forms may be obtained.

(2) All persons seeking entry into each drawing shall file DBPR form ABT-6033, QUOTA LICENSE DRAWING Entry Form, effective _________ and incorporated herein, together with the non-refundable filing fee stated on the form. The entry form shall be delivered to the division on or before the final date, set forth in the legal notice. Forms not complete, not signed, or not accompanied by the required non-refundable filing fee shall result in a deficiency letter. Corrected entry forms must be delivered to the division on or before fourteen (14) days from the date of the deficiency letter. The division will not grant any other extensions of time. This form is available on the division’s Internet website, from any division office, by e-mail or phone request to the department, or by writing to Division of Alcoholic Beverages and Tobacco, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399.

(3) A list of all entrants selected may be obtained from any of the division’s offices.

(4) The division shall notify those entrants who are selected as a result of the double random selection drawing by certified mail. Such notification will be sent to the mailing address listed on the entry form or subsequently filed with the division. It shall be the entrant’s responsibility to maintain a correct mailing address with the division.

(5) All entrants selected for the opportunity to apply for licenses shall file a completed application, referenced in Rule 61A-5.010, F.A.C. Failure to file a completed application package within 45 days of the date of the selection notice, shall result in the denial of the application filed.

(6) When any application has been disapproved and all hearings and appeals, pursuant to Sections 120.57 and 561.19(5), F.S., have been completed, the division shall notify the next person in order of priority from the random drawing by certified mail of their opportunity to obtain an available license in accordance with the procedures for notifying the originally selected parties. The division shall follow such procedure until all available licenses have been awarded.

(7) Any person or persons who have been selected for licenses shall not be prohibited from having the license issued in the name of a corporation, or other legal entity, if 100% of the business is owned by the person or persons listed on the winning entry form for inclusion in the drawing.

(8) For the purposes of this section, “more than one applicant” shall mean that an entrant may have a direct or indirect interest in only one application in each county for which a license is available, but may file separate entry forms for licenses in different counties for an opportunity to obtain an available license.

(9) For the purposes of this section, “method of double random selection by public drawing” shall mean a computer program which determines the order of selection for the director as prescribed in Section 561.19(2)(a), F.S.

Specific Authority 561.11 FS. Law Implemented 120.57, 561.14, 561.15, 561.17, 561.18, 561.19, 561.20 FS. History–New 1-20-97, Amended 1-8-98,_________.