reglab/statecodes huggingface dataset:
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-41 - MANUFACTURED BUILDINGS › Section 61-41.016 - Department Insignia

Current through Reg. 50, No. 138; July 16, 2024
(1) Each
				manufactured building, re-certified building, and components approved by the
				Agency shall be affixed with the appropriate insignia prior to leaving the
				manufacturing plant.
(2) Insignia
				fees shall be charged as provided in the Schedule of Fees.
(3) Assigned insignias are not transferable
				from one building to another, or from one manufacturer to another
				manufacturer.
(4) The control of
				the insignia shall remain with the Department and will be revoked by the
				Department in the event of violation of the conditions of approval. All such
				voided insignias shall be returned to the Department.
(5) Insignias shall be ordered from the
				Department using the Building Code Information System at
www.floridabuilding.org
. Fees for
				insignia as provided in Rule
				61-41.020, F.A.C., shall be
				submitted at the time of the order. One insignia shall be required for each
				building.
(6) The Department shall
				issue insignias for those buildings and components built from previously
				approved plans. No insignia shall be issued until the plans for that building
				have been approved.
(7) Insignias
				shall be mailed to the manufacturer's inspection agency for release to the
				Manufacturer's Quality Control personnel when the Agency is satisfied the
				building or component meets the Florida Building Code.
(8) The Agency or Manufacturer's Quality
				Control personnel shall affix insignias to buildings only after inspection and
				determination the building or component is in compliance with the Florida
				Building Code. The insignia and data plate shall be permanently affixed on or
				about the electrical panel. If the building does not include an electrical
				panel, the insignia and data plate location shall be designated on the approved
				plans.
(9) After insignia is
				affixed, no alteration shall be made before installation.
(10) Insignias shall be denied to buildings
				and components not conforming to approved plans or system design.
(11) Affixing an insignia to a building or
				components which has code deficiencies or do not conform to the approved plan,
				shall be grounds for decertification of the manufacturer or Agency or both. In
				such case the insignia shall be removed at the direction of the
				Department.
Rulemaking Authority
					 553.37(2) FS.
					 Law Implemented 553.37(2),
					 553.38
					 FS.
New 1-17-72, Amended 9-17-73, 2-23-75, 3-1-80, 6-24-80,
					 9-29-82, 11-1-84, Formerly 61-41.16, Amended 1-1-87, 3-1-92, 3-1-95, 9-13-01,
					 7-16-03, 5-13-07, 9-13-09, Formerly
					 9B-1.016.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-41 - MANUFACTURED BUILDINGS › Section 61-41.017 - Insignia Application and Issuance

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Following the receipt of initial Department approval, the manufacturer shall
				complete an order for an insignia for each component or system manufactured as
				required herein. The insignia order shall be submitted via the Building Code
				Information System which shall calculate the fees based on the fee schedule in
				these rules and regulations. The insignia order shall include the plan approval
				number of each unit for which an insignia is required.
(2) Insignias shall be issued to the
				manufacturer's Agency, and shall not be affixed to a building until the Agency
				has completed the inspections required in the Florida Building Code, and
				determined the building to be in compliance with the requirements of this
				chapter and entered the Inspection Report on the Building Code Information
				System at
www.floridabuilding.org
.
				If an insignia is for a modified building, after the modifications are
				completed and the building inspected, the original insignia shall be removed
				and returned to the Department by the Agency or Quality Control personnel and
				the new insignia affixed.
Rulemaking Authority
					 553.37(2) FS.
					 Law Implemented 553.37,
					 553.38
					 FS.
New 1-17-72, Amended 9-27-73, 2-23-75, Formerly 61-41.17,
					 Amended 1-1-87, 3-1-92, 3-1-95, 7-16-03, 5-13-07, 9-13-09, Formerly
					 9B-1.017.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-41 - MANUFACTURED BUILDINGS › Section 61-41.018 - Insignia Denial

Current through Reg. 50, No. 138; July 16, 2024
Should an inspection reveal that a manufacturer is not
				  manufacturing components or systems according to plans as approved by the
				  Department and such manufacturer, after having been served with a notice
				  setting forth the provisions of the plan approval which have been violated,
				  continues to manufacture units in violation of the plan approval, applications
				  for new insignia shall be denied and the insignia previously issued for units
				  in violation of the plan approval shall be confiscated. Upon satisfactory proof
				  of compliance such manufacturer may resubmit an order for an
				  insignia.
Rulemaking Authority
					 553.37(1) FS.
					 Law Implemented 553.37(1),
					 553.38
					 FS.
New 1-17-72, Amended 2-23-75, Formerly 61-41.18, Amended
					 3-1-92, 3-1-95, 9-7-00, 9-13-09, Formerly
					 9B-1.018.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-41 - MANUFACTURED BUILDINGS › Section 61-41.019 - Removal of Insignia

Current through Reg. 50, No. 138; July 16, 2024
In the event that any manufactured building bearing the
				  insignia is found to be in violation of the approved plans prior to the
				  issuance of the local certificate of occupancy, at the direction of the
				  Department, the Agency or authority having jurisdiction shall remove the
				  insignia on such defective unit and shall furnish the owner and the Department
				  with a written statement of such violations.
Rulemaking Authority
					 553.37(2) FS.
					 Law Implemented 553.37(2), (5),
					 (6),
					 553.38(1)
					 FS.
New 1-17-72, Amended 9-17-73, Repromulgated 2-23-75,
					 Amended 3-1-80, Formerly 61-41.19, Amended 3-1-95, 9-13-09, Formerly
					 9B-1.019.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-41 - MANUFACTURED BUILDINGS › Section 61-41.020 - Schedule of Fees

Current through Reg. 50, No. 138; July 16, 2024
The Department shall charge the following fees for the
				  indicated items:
(1) Manufacturer's
				initial application fee is $300 plus $300 for the triennial certification. The
				triennial renewal fee is $300. Each additional plant will be assessed an
				initial application fee of $100 plus $150 triennial certification. The
				triennial renewal fee is $150.
(2)
				Agency's initial application fee is $600 plus $900 for the triennial
				certification. The triennial renewal fee is $900.
(3) Insignia fees:
(a) Factory-built schools fee is $20 per
				building;
(b) Components (Panels)
				fee is $3 per panel. The insignia will be affixed to each panel prior to
				leaving the factory;
(c) Storage
				sheds (less than 720 square feet in area) is $7;
(d) Manufactured buildings fee is $60 per
				module, including storage sheds over 720 feet.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-41 - MANUFACTURED BUILDINGS › Section 61-41.0211 - Change in Manufacturer's Status

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Change of Ownership - When the ownership of a manufacturer changes, the new
				owner shall take the following steps:
(a)
				Inform the department in writing within 10 days of such change and give
				effective date of change.
(b) The
				new owner shall submit a completed manufacturer's application to the
				department.
(c) Submit an
				organizational chart of the management identified by title of
				officers.
(d) Send resume of
				officers in the management to the department.
(e) Send a certificate of product liability
				insurance to the department.
(f) A
				service contract with the plan review/inspection agency.
(g) If the new owner received exclusive
				rights to use state approved plans and the Quality Control Manual of the
				previous owner, it shall be informed to the department.
(h) Certification of Quality Control Manual
				by agency. Make name changes and other changes in the Quality Control Manual
				where applicable. The Department shall assign a new manufacturer's
				identification number.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-41 - MANUFACTURED BUILDINGS › Section 61-41.0221 - Manufacturer's Obligations Upon Sale of Building

Current through Reg. 50, No. 138; July 16, 2024
The manufacturer shall provide a TRANSPORTATION AND
				  INSTALLATION BOOKLET with each new building and component package. It shall
				  include:
(1) Precautions and
				instructions for transportation of buildings and modules; and
(2) Installation
				instructions.
Rulemaking Authority
					 553.37(1), (3),
					 (11) FS. Law Implemented
					 553.37(1), (3),
					 (11)
					 FS.
New 9-13-01, Amended 5-13-07, Repromulgated 9-13-09,
					 Formerly 9B-1.0221.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-41 - MANUFACTURED BUILDINGS › Section 61-41.023 - Oversight, Complaint

Current through Reg. 50, No. 138; July 16, 2024
(1) Any person, firm
				or corporation, with a substantial interest in any action or any failure to act
				in conformity with these rules, including without limitation the technical
				standards and administrative provisions adopted hereby, may file a complaint to
				the Department. Such complaints may be with regard to the conduct of the
				Department, the Agency, the manufacturer or any of their employee(s).
(2) It is the responsibility of the
				manufacturer to correct code violations. The Agency that approved the plans for
				the subject building or inspected the building shall investigate complaints and
				make a recommendation to the Department regarding the existence of a code
				violation and disposition thereof. This activity shall be subject to
				monitoring, and the Department shall make an independent determination about
				the existence of a violation.
(3)
				Any complaint should contain sufficient information including the following:
(a) Parties involved;
(b) Description of grievance;
(c) Important dates and
				transactions;
(d) What is being
				affected;
(e) Documentation of code
				violations or plan deviations by a licensed contractor, Architect, Engineer or
				Building Official; and
(f) Relief
				sought by the applicant.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-41 - MANUFACTURED BUILDINGS › Section 61-41.026 - Factory-built Schools, Certifications

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Manufacturers. Prior to manufacturing factory-built schools for utilization in
				the State of Florida, a manufacturer shall be certified by the Department as
				provided in Rule 61-41.007, F.A.C., and shall be
				subject to the continuing requirements thereof to maintain certification. Fees
				for certification of manufacturers shall be as provided in Rule
				61-41.020, F.A.C.
(2) Agency Plan Review. The Department shall
				contract with an individual or entity to perform plan review pertaining to
				factory-built schools. Such individual or entity shall be subject to
				certification as an Agency as provided in Rule
				61-41.006, F.A.C. Maximum fees
				the Agency may charge those seeking plan approval shall be established by
				contract between the Department and the Agency.
(3) Agencies. All entities that perform
				inspections of factory-built schools shall be Agencies certified by the
				Department as provided in Rule
				61-41.006, F.A.C. Inspectors
				permanently employed by local school boards and community colleges shall be
				granted an exemption from certification by the Department pursuant to Rule
				61-41.006, F.A.C., upon written
				request of the Local School Board or Community College. All entities that
				perform inspections, whether exempt from certification or not, shall submit a
				Quality Control Manual to the Department with the application, which shall at a
				minimum contain the following sections:
(a)
				Introduction to the Agency, including a brief history and types of services
				provided;
(b) Outline of the
				Agency's internal quality control plan, including the name and titles of the
				personnel in charge of quality control and how the Agency plans to meet the
				duties and responsibilities imposed by this chapter;
(c) Organizational chart showing the
				relationship between administration, operation, and quality control
				responsibilities, including a list of inspectors by name and title, identifying
				each as an employee or under contract;
(d) Personnel resumes;
(e) Training program, including programs for
				required continuing education, seminars, discussions on code compliance,
				inspections and department requirements;
(f) Inspection procedures, including
				inspection checklists for code compliance, inspection records, correction
				notice, reinspection, inspection visits and scope of inspections;
(g) Test procedures and methods pertaining to
				tests required by the applicable building codes;
(h) Procedure for control of insignia;
				and
(i) Procedure for maintenance
				of records.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-41 - MANUFACTURED BUILDINGS › Section 61-41.028 - Factory-built Schools, Inspections and Work Progress Reports

Current through Reg. 50, No. 138; July 16, 2024
(1) All site installation and annual
				inspections are the responsibility of the School Board. The Department insignia
				attests only to compliance of the building with the Florida Building Code and
				not any site plans or site related issues.
(2) Manufacturers and their agents and
				employees, Inspectors and those representatives of the educational entity
				responsible for supervising work related to the manufacture and installation of
				a factory-built school shall complete and execute a Work Performance Report,
				Form FMBP-SB-5-00. There shall be at least one Work Performance Report for all
				periods during which a factory-built school is being manufactured or installed.
				The report shall be executed by that person who actually supervised the work
				during the period for which the report is completed. The completed reports
				shall be kept and maintained by the entity that has actual physical custody of
				the building.
Rulemaking Authority
					 553.415 FS. Law Implemented
					 553.415
					 FS.
New 9-13-01, Amended 7-16-03, 5-13-07, 9-13-09, Formerly
					 9B-1.028.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-41 - MANUFACTURED BUILDINGS › Section 61-41.030 - Factory-built Schools, Insignia and Data Plate

Current through Reg. 50, No. 138; July 16, 2024
(1) Each factory-built school building
				utilized for public educational purposes shall bear the "SREF/school" insignia
				of the Department and a data plate. The data plate shall be fabricated by the
				manufacturer of new buildings and the owner of existing buildings of durable
				material with the required information inscribed thereon. The insignia and data
				plate shall be permanently affixed on or about the electrical panel. The
				insignia must be affixed prior to leaving the factory. The data plate shall
				provide the following information:
(a) Name
				and address of Manufacturer;
(b)
				Name of Third Party Agency;
(c)
				Manufacturer certification number;
(d) Code Edition;
(e) Date of manufacture;
(f) Date of alteration;
(g) Number of modules;
(h) Construction type, as defined in Chapter
				6 of the Code;
(i) Occupancy use
				classification in accordance with Chapter 3 of the Code;
(j) Serial number;
(k) Agency plan number;
(l) Standard plan approval number;
(m) Maximum floor load (pounds per square
				foot), live load, and dead load;
(n) Roof load, live load and dead
				load;
(o) Wind velocity
				rating;
(p) "U" rating of floor,
				wall and roof;
(q) Whether the
				building is approved for flood zone usage;
(r) Whether the building is approved for
				enhanced hurricane protection zone usage;
(s) Whether the building is designed for use
				as a public shelter in enhanced hurricane protection areas;
(t) Limitations of the plan approval by the
				third-party agency;
(u) Whether the
				building is rated as satisfactory for use as an educational facility;
(v) If an automatic sprinkler system is
				provided, whether the sprinkler system is required; and
(w) Any special stipulations and conditions
				of the building permit.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-42 - FLORIDA STATE BOXING COMMISSION INVESTIGATIVE AND LEGAL SERVICES › Section 61-42.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
For the purposes of this chapter, the following definitions
				  shall apply:
(1) "Commission" means
				the Florida State Boxing Commission.
(2) "Disputant" means the complainant or the
				licensee.
(3) "Executive Director"
				means the executive director of the Florida State Boxing Commission.
(4) "Mediation" means a process whereby a
				third person acts to encourage and facilitate the resolution of a dispute
				between a complainant and licensee without prescribing what the resolution
				should be. The resolution is an informal and nonadversarial process with the
				objective of helping the disputants reach a mutually acceptable
				agreement.
(5) "Mediator" means the
				employee or agent of the department assigned to conduct the mediation (defined
				in subsection (4)) according to the procedures set forth in this rule. No
				person shall both conduct mediation and investigate the same
				complaint.
Rulemaking Authority
					 548.003(8) FS.
					 Law Implemented 548.003(8)
					 FS.
New 12-20-12.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-1 - DEFINITIONS › Section 61A-1.010 - Tied House Evil Prohibition Against Vendor

Current through Reg. 50, No. 138; July 16, 2024
(1) Industry members are prohibited from
				furnishing, supplying, giving, renting, or lending, to a vendor, any equipment,
				fixtures, furniture, furnishings, signs, supplies, credit, money, compensation,
				rebates, accumulated rebates, fees of any kind including slotting fees,
				services, property, or other thing of value of any description not included in
				the exceptions specified in Chapter 61A-1, F.A.C., or specifically authorized
				by Florida Statutes, to vendors or their employees or agents acting within
				their scope of employment. In addition, vendors and their employees or agents
				acting within the scope of employment are prohibited from accepting such forms
				of assistance. This prohibition against assisting any vendor includes engaging
				in cooperative advertising - participating in or paying for any advertising in
				cooperation with a vendor.
(2) As
				used in Rules 61A-1.010 through
				61A-1.0108, F.A.C., "industry
				member" means manufacturer; distributor; importer; primary American source of
				supply; brand owner or registrant; and any broker, sales agent, or sales person
				of any of the aforementioned licensees.
(3) For purposes of Rules
				61A-1.010 through
				61A-1.0108, F.A.C., a licensee
				is categorized based on its license, type of beverages it is dealing in,
				conduct, and the form of assistance being provided. For example, a wine
				distributor who is selling a malt beverage product must comply with the malt
				beverage restrictions in Rules
				61A-1.010 through
				61A-1.0108, F.A.C., and Section
				561.42,
				F.S.
Rulemaking Authority
					 561.11,
					 561.42 FS. Law Implemented
					 561.08,
					 561.42
					 FS.
Repromulgated 12-19-74, Amended 3-1-76, Formerly 7A-1.10,
					 7A-1.010, Amended 6-5-97, 9-15-10.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-1 - DEFINITIONS › Section 61A-1.0101 - Product Displays Exception

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Industry members may give, loan, or sell alcoholic beverage product displays to
				vendors, for use on a vendor's licensed premises, to include wine racks, bins,
				barrels, casks, shelving, or similar product display items which are separated
				from a vendor's ordinary shelves and used primarily to hold and display factory
				sealed products of the provider for sale to customers at room temperature or
				cold. Such displays shall not have, or be used to provide, a secondary
				function, other than advertising, which would function to provide equipment,
				including refrigeration; furniture; or other fixtures.
(2) Industry members may transport, install,
				assemble and disassemble their own product displays on a vendor's licensed
				premises. Industry members may require the vendor to purchase a minimum amount
				of the product advertised on the display in a quantity necessary for the
				completion of the display.
(3) The
				value of any product display, excluding transportation, installation, and
				disassembly costs, shall not exceed $300 per brand, and the total value of all
				product displays at any one time on any one vendor's licensed premises shall
				not exceed $300 per brand. Industry members shall not pool or combine dollar
				limitations in order to provide a vendor a product display valued in excess of
				$300 per brand.
(4) The product
				display shall bear product or industry member information that is conspicuous
				and permanently inscribed or securely affixed to the product display. The
				vendor's name, business name, website address, logo, and address may be part of
				the product display.
(5) Payments
				of slotting fees for alcoholic beverages shall not be made to vendors. A
				slotting fee is defined as any form of assistance given by an industry member
				to a vendor to purchase or rent additional, particular, favorable, or dedicated
				display, shelf, cooler, storage or warehouse space for alcoholic
				beverages.
Rulemaking Authority
					 561.11,
					 561.42 FS. Law Implemented
					 561.08,
					 561.42
					 FS.
New 9-15-10.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-1 - DEFINITIONS › Section 61A-1.01010 - Expendable Retailer Advertising Specialties Exception

Current through Reg. 50, No. 138; July 16, 2024
(1) When the specialties advertise wine or
				spirituous beverages, wine or spirituous beverages industry members may give or
				sell, and when the specialties advertise malt beverages, malt beverages
				industry members may sell, at a cost not less than the actual cost of the
				industry member who purchased them, expendable retailer advertising specialties
				of nominal value such as trays; coasters; mats; menu cards; napkins; paper,
				plastic, or Styrofoam cups; thermometers; and similar specialties. Alcoholic
				beverage lists, menus, and menu cards shall not contain any information other
				than advertising, alcoholic beverages, and prices. If an industry member
				provides a vendor with glassware, pitchers, carafes or similar containers made
				of other materials, whether they advertise beer, wine, or spiritous beverages,
				such containers shall be sold at a cost not less than the actual cost of the
				industry member who purchased them.
(2) A distributor of malt beverages that has
				received branded glassware at no cost may give such glassware to vendors
				licensed for on-premises consumption, subject to the conditions of Section
				561.42(14)(a),
				Florida Statutes.
(3) The
				specialties must advertise a brand or industry member. The vendor's name,
				business name, website address, logo, and business address may be printed on
				these specialties, which shall be intended for use by the vendor or consumers
				on the vendor's licensed premises.
Rulemaking Authority
					 561.11,
					 561.42 FS. Law Implemented
					 561.08,
					 561.42
					 FS.
New 9-15-10, Amended
					 1-12-20.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-1 - DEFINITIONS › Section 61A-1.01011 - Durable Retailer Advertising Specialities Exception

Current through Reg. 50, No. 138; July 16, 2024
(1) Durable retailer advertising specialties
				shall bear permanently inscribed, substantial advertising intended to promote
				the brand or industry member being advertised, and differ from inside signs in
				that they have a secondary function. Such secondary function is limited to
				passive functions only, such as providing illumination, reflection, the time,
				the date, or similar limited functions.
(a)
				Durable retailer advertising specialties include pool table lights,
				picnic-table umbrellas, mirrors, clocks, calendars and similar
				specialties.
(b) Durable retailer
				advertising specialties do not include, product displays, equipment
				(refrigerators, grills), furniture (tables, chairs), other furnishings
				(wallpaper, deck awnings), or other fixtures (sinks, dishwashers) and similar
				items which exceed the passive function limitation. Additional examples of
				items that are not durable retailer advertising specialties are entertainment
				equipment (televisions, radios, computers), sports equipment (footballs, soccer
				goals), amusement or leisure equipment (table games, dart boards) and
				recreational equipment (tents, bicycles, canoes).
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-1 - DEFINITIONS › Section 61A-1.01012 - Consumer Advertising Specialities Exception

Current through Reg. 50, No. 138; July 16, 2024
(1) When the specialties advertise wine or
				spirituous beverages, wine or spirituous beverages industry members may give or
				sell to a vendor consumer advertising specialties of nominal value bearing
				substantial brand or industry member advertising designed to be carried away by
				the consumer, including trading stamps, nonalcoholic mixers, pouring racks,
				ashtrays, bottle or can openers, cork screws, shopping bags, matches, printed
				recipes, pamphlets, cards, leaflets, blotters, post cards, pencils, T-shirts,
				caps, visors, and similar specialties.
(2) When the specialties advertise malt
				beverages, malt beverage industry members may sell to a vendor consumer
				advertising specialties of nominal value bearing substantial brand advertising
				designed to be carried away by the consumer, including trading stamps,
				nonalcoholic mixers, pouring racks, ashtrays, bottle or can openers, cork
				screws, shopping bags, matches, printed recipes, pamphlets, cards, leaflets,
				blotters, post cards, pencils, T-shirts, caps, visors, and similar specialties
				to vendors at no less than the actual cost of the industry member who initially
				purchased them, unless the manufacturer or distributor gives the items directly
				to consumers on the vendor's licensed premises.
(3) Industry members shall not provide
				assistance to a vendor for allowing the industry member to give specialties
				directly to consumers on the vendor's licensed premises.
(4) The vendor's name, business name, website
				address, logo, and business address may be printed on these
				specialties.
Rulemaking Authority
					 561.11,
					 561.42 FS. Law Implemented
					 561.08,
					 561.42
					 FS.
New 9-15-10.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-1 - DEFINITIONS › Section 61A-1.01013 - Inside Signs Advertising Brands Exception

Current through Reg. 50, No. 138; July 16, 2024
(1) Industry members may give, sell, lend, or
				furnish inside signs advertising brands to vendors such as neon or electric
				signs, window painting and decalcomanias, posters, placards, and other
				advertising material authorized by Sections
				561.42(1), (11), and
				(12), F.S., to be displayed or used in the
				interior of a vendor's licensed premises. The signs must advertise brands sold
				by the vendor.
(2) The signs may
				include the vendor's name, business name, website address, logo and business
				address; however, identification of vendors shall be relatively inconspicuous
				in relation to the entire advertisement. The only additional information
				permitted on the sign is price or a space for the price of the alcoholic
				beverage product advertised on the signs.
(3) Vendors shall not have more than one neon
				or electric sign per manufacturer's brand in its window or windows.
(4) Items that provide a secondary function,
				such as providing the time, the date, reflection, or reading light, shall be
				considered durable retailer advertising specialties.
Rulemaking Authority
					 561.11,
					 561.42 FS. Law Implemented
					 561.08,
					 561.42
					 FS.
New 9-15-10.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-1 - DEFINITIONS › Section 61A-1.01014 - Brand Images

Current through Reg. 50, No. 138; July 16, 2024
(1) Industry
				members may provide to any vendor without conditions copy-ready images of
				alcoholic beverage brands, brand logos, industry member logos, responsibility
				messages, or products in any format.
(2) "Copy-ready" images are those images
				ready to be reproduced for immediate use in advertising.
Rulemaking Authority
					 561.11,
					 561.42 FS. Law Implemented
					 561.08,
					 561.42
					 FS.
New 9-15-10.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-1 - DEFINITIONS › Section 61A-1.01015 - Advertising Vendor Locations Where Brand Sold Exception

Current through Reg. 50, No. 138; July 16, 2024
(1) If an advertisement includes two or more
				unaffiliated vendors, industry members may use vendors' names and addresses in
				brand advertisements to indicate vendors from whom consumers can purchase the
				advertised brands. Unaffiliated vendors are those vendors not affiliated
				through having common ownership, being members of the same pool buying group,
				or being members of the same advertising cooperative. The advertisement shall
				identify vendors relatively inconspicuously in relation to the entire
				advertisement. Such advertising is not considered cooperative advertising as
				long as no vendor shares in the cost of the advertising.
(2) Industry members shall not underwrite any
				vendor's publications or events through the purchase of advertising or
				sponsorships.
Rulemaking Authority
					 561.11,
					 561.42 FS. Law Implemented
					 561.08,
					 561.42
					 FS.
New 9-15-10.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-1 - DEFINITIONS › Section 61A-1.01016 - Shelf Plans

Current through Reg. 50, No. 138; July 16, 2024
Manufacturers and distributors may give vendors layouts or
				  designs of the vendors' shelves or coolers. The shelf plans must be used solely
				  for the purpose of providing vendors with information regarding placement of
				  alcoholic beverage products on shelves and in coolers. There shall be no
				  requirement for a vendor to purchase anything to receive a shelf
				  plan.
Rulemaking Authority
					 561.11,
					 561.42 FS. Law Implemented
					 561.08,
					 561.42
					 FS.
New 5-7-08.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-1 - DEFINITIONS › Section 61A-1.01017 - Educational Seminars

Current through Reg. 50, No. 138; July 16, 2024
Manufacturers and distributors may host instructional
				  programs relating to alcoholic beverage products, alcoholic beverage laws and
				  regulations, or responsible service and sales of alcoholic beverages. During
				  seminars, manufacturers and distributors may give vendors and vendor's
				  employees or agents, instructional materials, snacks, beverages, meals, and
				  tours of a manufacturer's or distributor's facility. Manufacturers and
				  distributors shall not pay for or provide lodging or transportation to or from
				  seminars to any vendor, vendor's employee or agent.
Rulemaking Authority
					 561.11,
					 561.42 FS. Law Implemented
					 561.08,
					 561.42
					 FS.
-New 5-7-08.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-1 - DEFINITIONS › Section 61A-1.01018 - Trade Shows and Conventions Exception

Current through Reg. 50, No. 138; July 16, 2024
(1) Industry members may participate in
				non-profit vendor association trade shows and conventions. Participation may
				include:
(a) Displaying products;
(b) Renting display space at normal trade
				show rates;
(c) Paying normal
				registration fees;
(d) Purchasing
				tickets to functions;
(e) Providing
				samples to attendees;
(f)
				Conducting tastings for attendees;
(g) Providing hospitality independent of
				sponsored activities by the association or any member vendors; and
(h) Purchasing advertisements in publications
				distributed during conventions and trade shows. Payments for all such
				advertisements shall not exceed $300 per year to any non-profit vendor
				association.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-1 - DEFINITIONS › Section 61A-1.01019 - Proof of Insurance Coverage

Current through Reg. 50, No. 138; July 16, 2024
Manufacturers and distributors may provide vendors proof of
				  insurance for manufacturer or distributor's personnel, equipment, and products;
				  however they may only issue "hold harmless" or "indemnity" agreements involving
				  product liability or copyright and patent infringement for acts or omissions of
				  the manufacturer or distributor. Manufacturers or distributors shall not issue
				  "hold harmless" or "indemnity" agreements directly or indirectly insuring or
				  co-insuring acts or omissions of vendors.
Rulemaking Authority
					 561.11,
					 561.42 FS. Law Implemented
					 561.08,
					 561.42
					 FS.
New 5-7-08.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-1 - DEFINITIONS › Section 61A-1.0102 - Private Labels

Current through Reg. 50, No. 138; July 16, 2024
(1) Beer, wine, and
				spirituous liquors may be manufactured under a vendor's trademark. The vendor
				may be the exclusive outlet for the product if the vendor maintains ownership
				of the trademark. The vendor shall not set the price of private label products
				with the manufacturer or distributor. Pricing shall be independently
				established by the manufacturer and the distributor.
(2) When a vendor's business name is the same
				as the brand name, the vendor may display an outside sign so long as the
				purpose of the sign is clearly to promote the business name and not the
				alcoholic beverage brand.
(3) The
				vendor may be paid royalties and other contractual payments if the right to the
				trademark is sold by the vendor.
Rulemaking Authority
					 561.11,
					 561.42,
					 564.045(6),
					 565.095(6) FS.
					 Law Implemented 561.08,
					 561.42,
					 564.045(5),
					 565.095(5)
					 FS.
New 9-15-10.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-1 - DEFINITIONS › Section 61A-1.01020 - Draft Cleaning

Current through Reg. 50, No. 138; July 16, 2024
Distributors may clean malt beverage draft equipment
				  utilizing or dispensing their product to ensure quality
				  control.
Rulemaking Authority
					 561.11 FS. Law Implemented
					 561.423,
					 561.08,
					 561.42
					 FS.
New 5-7-08.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-1 - DEFINITIONS › Section 61A-1.01021 - Split or Mixed Cases Exception

Current through Reg. 50, No. 138; July 16, 2024
Distributors may offer a split or mixed case containing more
				  than one brand or more than one size of the same brand of alcoholic beverage to
				  vendors. Distributors must have, and uniformly follow, a written policy
				  applying to all vendors if an add-on fee is charged for any split or mixed
				  cases.
Rulemaking Authority
					 561.11,
					 561.42 FS. Law Implemented
					 561.08,
					 561.42
					 FS.
New 9-15-10.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-1 - DEFINITIONS › Section 61A-1.01022 - Combination Packages

Current through Reg. 50, No. 138; July 16, 2024
Industry members may package and distributors may offer and
				  sell to vendors, non-alcoholic beverages or products combined with alcoholic
				  beverages in an integrated package that is ready for sale to the
				  consumer.
Rulemaking Authority
					 561.11,
					 561.42 FS. Law Implemented
					 561.08,
					 561.42
					 FS.
New 9-15-10.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-1 - DEFINITIONS › Section 61A-1.01023 - Warehousing

Current through Reg. 50, No. 138; July 16, 2024
Distributors of wine and spirituous liquors may deliver those
				  products during the same calendar week, which shall begin on Sunday, as the
				  products are ordered. The product prices shall be set at the time of the order
				  and may not be adjusted based on additional products ordered during the same
				  calendar week as the original order after the first delivery is
				  loaded.
Rulemaking Authority
					 561.11,
					 561.42 FS. Law Implemented
					 561.08,
					 561.42
					 FS.
New 5-7-08.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-1 - DEFINITIONS › Section 61A-1.01024 - Alcoholic Beverage Samples Exception

Current through Reg. 50, No. 138; July 16, 2024
(1) A distributor may give a sample of
				distilled spirituous beverages, wine, or malt beverages to a vendor if that
				vendor has not purchased the brand or received a sample of the brand within the
				preceding twelve months. However, if ownership of a distributor or vendor is
				transferred to a new entity, the distributor is eligible to give, and the
				vendor is eligible to receive, new samples.
(2) Samples of malt beverages shall not
				exceed three gallons per brand to each licensed premises; samples of wine shall
				not exceed three liters per brand to each licensed premises; and samples of
				spirituous beverages shall not exceed three liters per brand to each licensed
				premises.
(3) If a particular
				product is not available in a size within the quantity limitations of this
				section, a distributor may furnish to a vendor the next larger size.
(4) Any withdrawal of tax paid samples from
				the inventory of a distributor as permitted herein must be substantiated by an
				invoice to a licensed vendor. The invoice shall include:
(a) Distributor's name and address.
(b) Date invoice was prepared.
(c) Identification of the product as a
				sample.
(d) Identification of
				salesman.
(e) Name and address and
				license number of the vendor.
(f)
				Brand name.
(g) Number of
				containers and size of containers used in
				sampling.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-1 - DEFINITIONS › Section 61A-1.01027 - Merchandise Exception

Current through Reg. 50, No. 138; July 16, 2024
If an industry member is a bona fide producer, wholesaler, or
				  retailer of other merchandise, such as groceries or pharmaceuticals, that
				  industry member may sell that merchandise to vendors under the following
				  conditions:
(1) The merchandise is
				sold at fair market value, either wholesale or retail;
(2) The merchandise is not sold in
				combination with alcoholic beverages except as provided in rule
				61A-1.01022, F.A.C.;
(3) The industry member's cost for acquiring
				the merchandise appears in that industry member's invoices or other
				records;
(4) The sale of
				merchandise is itemized separately from the sale of alcoholic beverages;
				and
(5) No equipment, as referenced
				in subsection 61A-1.010(1),
				F.A.C., or vehicles may be sold as merchandise.
Rulemaking Authority
					 561.11,
					 561.42 FS. Law Implemented
					 561.08,
					 561.42
					 FS.
New 9-16-10.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-1 - DEFINITIONS › Section 61A-1.01028 - Recordkeeping

Current through Reg. 50, No. 138; July 16, 2024
(1) Industry members must keep records of all
				product displays, equipment and supplies, participation in retailer association
				activities, the acquisition or production cost and selling cost of specialties
				or any items given, sold, or loaned to vendors, or any other form of assistance
				limited as to quantity, frequency, or value by Rules
				61A-1.010 through
				61A-1.0108, F.A.C., or Section
				561.42, F.S. These records must
				be maintained for three years on the industry member's licensed premises or
				other location so long as the division is notified in writing prior to the use
				of that location. The division must also be notified in writing of any change
				in location. The records may be in any format so long as they are available and
				legible to division personnel when the records are requested for review. A copy
				of any record produced in compliance with this rule shall be given to the
				vendor. The copy shall be in a format accessible and readable by the vendor,
				i.e. not provided in an electronic format that would require proprietary
				software unavailable to the vendor. These records must show:
(a) The name and address of the vendor,
				vendor's employee or agent receiving the assistance;
(b) The vendor's license number;
(c) The date furnished, given, rented,
				loaned, or sold;
(d) The
				description and quantity of assistance furnished, given, rented, loaned, or
				sold;
(e) The cost of the industry
				member's assistance determined by the original purchaser's invoice price. This
				information is not required if no value restrictions exist;
(f) The charges to the vendor for the
				assistance, if any; and
(g) The
				name, license number, and address of the industry member providing the credit,
				cash, or other form of assistance as described in subsection
				61A-1.010(1),
				F.A.C.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-1 - DEFINITIONS › Section 61A-1.0103 - Consumer Premium Offers Exception

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Premium offer means value-added merchandise, travel, or services held out to
				consumers in exchange for their purchase of an alcoholic product, sometimes
				referred to as "product gift" or "gift with sales promotion."
(2) Industry members may furnish premium
				offers on products to consumers with proof of purchase and may provide vendors
				with point-of-sale advertising and order forms.
(3) The premium offers shall be made
				available to all vendors who wish to participate. The premium offers shall be
				offered in quantities reasonably calculated to accommodate the individual
				vendor's level of sales during the promotion period. The premium shall not be
				placed on any vendor's licensed premises for display.
(4) The vendor's name, business name, website
				address, logo, and business address may be printed on these
				premiums.
Rulemaking Authority
					 561.11,
					 561.42 FS. Law Implemented
					 561.08,
					 561.42
					 FS.
New 9-15-10.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-1 - DEFINITIONS › Section 61A-1.0104 - Consumer Sweepstakes, Drawings, or Contests Exception

Current through Reg. 50, No. 138; July 16, 2024
(1) Industry members may provide entry forms,
				rules, advertising materials, and a box or other similar container in which to
				collect completed entry forms to vendors. These advertising materials must be
				offered to all vendors who wish to participate in quantities reasonably
				calculated to accommodate the individual vendor's level of sales during the
				promotion period. The prize or giveaway shall not be placed on any vendor's
				licensed premises for display.
(2)
				Sweepstakes, drawings, and contests shall not require proof of purchase to
				enter and shall be open for the general public to participate; however, no
				vendor or vendor's employee or agent shall be eligible to participate or win. A
				means of entry may be provided with a purchased alcoholic beverage, so long as
				an alternative means of entry not requiring a purchase is made
				available.
(3) Vendors shall not
				collect completed entry forms, and the selection of winners shall not occur at
				a vendor's place of business. Any completed entry forms deposited on the
				vendor's licensed premises shall be collected by the industry member. Live or
				electronic contests sponsored by industry members shall not be held at a
				vendor's place of business.
Rulemaking Authority
					 561.11,
					 561.42 FS. Law Implemented
					 561.08,
					 561.42
					 FS,
New 9-15-10.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-1 - DEFINITIONS › Section 61A-1.0105 - Vendor's Property Included in Contests or Sweepstakes Exception

Current through Reg. 50, No. 138; July 16, 2024
(1) Industry members may administer consumer
				contests and sweepstakes that include a vendor's property as the prize.
				However, the contest or sweepstakes shall not be a joint venture with a vendor.
				Any contest or sweepstakes prizes purchased by the industry member shall be
				purchased at a cost which is not more than the cost charged to the general
				public. Any room rental fee paid by the industry member to the vendor shall be
				no more than the vendor's normal rate.
(2) Industry members may use the names and
				pictures of the vendor's properties related to prizes awarded to consumers. Any
				reference to a vendor, other than the identification of the specific property
				included in the contest or sweepstakes, shall be relatively inconspicuous in
				relation to the total advertisement or entry form.
Rulemaking Authority
					 561.11,
					 561.42 FS. Law Implemented
					 561.08,
					 561.42
					 FS.
New 9-15-10.