Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-3 - VENDORS AND LICENSEES › Section 61A-3.035 - Delinquent List

Current through Reg. 50, No. 138; July 16, 2024
(1) In accordance
				with Sections 561.42(3) and
				(4), F.S., the Division will establish a list
				of delinqent vendor accounts, which will be referred to as the "delinquent
				list." No vendor will be placed on or removed from the "delinquent list" unless
				the appropriate forms prescribed for that purpose have been properly executed
				and received by the Division in the Central Office at Tallahassee.
(2) All distributors of alcoholic beverages
				shall report to the Division all vendors that have been delinquent in the
				payment of their accounts for the purchase of alcoholic beverages. Each
				delinquent vendor shall be so reported on DBPR ABT 6034, DELINQUENT ACCOUNT
				REPORT, effective December, 2012, and incorporated herein by reference. This
				form is available upon request from the Department of Business and Professional
				Regulation, Division of Alcoholic Beverages and Tobacco, 2601 Blair Stone Road,
				Tallahassee, Florida 32399-1021, the Division's district office serving your
				area of interest whose contact information is provided at
http://www.myfloridalicense.com/dbpr/abt/forms/documents/abtdistrictOfficeInformation.doc
or at
http://www.myfloridalicense.com/dbpr/abt/forms/index_licensing.html
or at
http://www.flrules.org/Gateway/reference.asp?No=Ref-02626
.
				The delinquent vendor shall be notified by the distributor at the time the
				report is filed with the Division. If purchases involved in the delinquency
				were made by a chain or pool buying group, the report shall so state and the
				agent for the pool buying group shall be notified in the same manner as any
				other vendor.
(3) Upon receipt of
				such reports, the Division will place the vendor on the delinquent list, in
				accordance with the provisions of Section
				561.42, F.S. Vendors will be
				placed on the delinquent list for the invoiced amount and any additional fees
				imposed as a result of the delinquency or in the case of chain or pool buying
				group for the master invoiced amount and any additional fees imposed as a
				result of the delinquency, on purchases of alcoholic beverages only.
(4) Pool buying groups.
(a) If an individual member of a pool buying
				group makes a purchase outside of a pool order and the order results in a
				delinquency, the Division will not place the pool buying group on the
				delinquency list.
(b) If a pool
				buying agent places a pool order and the pool order results in a delinquency,
				the Division will place the entire pool group and each of its members, even
				those that did not participate in that particular order, on the delinquency
				list, and the entire pool group and each of its members will remain subject to
				the provisions of Section
				561.42, F.S., until the pool
				buying group is released from the delinquent list. A member may request
				deletion from the pool buying group while the group is on the delinquency list
				and the Division may approve the deletion if the member provides documentation
				that it was not included in the particular purchase that caused the group to be
				placed on the delinquency list.