House Bill 0673e1
CODING: Words stricken are deletions; words underlined are additions.
                                           HB 673, First Engrossed
  1                      A bill to be entitled
  2         An act relating to the prevention of the sale
  3         of alcohol and tobacco products to minors;
  4         amending s. 562.11, F.S., relating to the
  5         purchase of alcohol by minors; amending s.
  6         562.45, F.S.; providing restrictions on
  7         locations for on-premises consumption of
  8         alcoholic beverages; providing an exception for
  9         certain temporary permits; amending s. 569.11,
10         F.S., relating to the purchase of tobacco
11         products by minors; providing an effective
12         date.
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14  Be It Enacted by the Legislature of the State of Florida:
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16         Section 1.  Subsection (2) of section 562.11, Florida
17  Statutes, is amended to read:
18         562.11  Selling, giving, or serving alcoholic beverages
19  to person under age 21; misrepresenting or misstating age or
20  age of another to induce licensee to serve alcoholic beverages
21  to person under 21; penalties.--
22         (2)  It is unlawful for any person to misrepresent or
23  misstate his or her age or the age of any other person for the
24  purpose of inducing any licensee or his or her agents or
25  employees to sell, give, serve, or deliver any alcoholic
26  beverages to a person under 21 years of age, or for any person
27  under 21 years of age to purchase or attempt to purchase
28  alcoholic beverages.
29         (a)  Anyone convicted of violating the provisions of
30  this subsection is guilty of a misdemeanor of the second
31  degree, punishable as provided in s. 775.082 or s. 775.083.
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                                           HB 673, First Engrossed
  1         (b)  Any person under the age of 17 years who violates
  2  such provisions shall be within the jurisdiction of the judge
  3  of the circuit court and shall be dealt with as a juvenile
  4  delinquent according to law.
  5         (c)  In addition to any other penalty imposed for a
  6  violation of this subsection, if a person uses a driver's
  7  license or identification card issued by the Department of
  8  Highway Safety and Motor Vehicles in violation of this
  9  subsection, the court:
10         1.  May order the person to participate in public
11  service or a community work project for a period not to exceed
12  40 hours; and
13         2.  Shall direct the Department of Highway Safety and
14  Motor Vehicles to withhold issuance of, or suspend or revoke,
15  the person's driver's license or driving privilege, as
16  provided in s. 322.056.
17         Section 2.  Paragraph (a) of subsection (2) of section
18  562.45, Florida Statutes, is amended to read:
19         562.45  Penalties for violating Beverage Law; local
20  ordinances; prohibiting regulation of certain activities or
21  business transactions; requiring nondiscriminatory treatment;
22  providing exceptions.--
23         (2)(a)  Nothing contained in the Beverage Law shall be
24  construed to affect or impair the power or right of any county
25  or incorporated municipality of the state to enact ordinances
26  regulating the hours of business and location of place of
27  business, and prescribing sanitary regulations therefor, of
28  any licensee under the Beverage Law within the county or
29  corporate limits of such municipality. However, except for
30  premises licensed on or before July 1, 1999, and except for
31  locations that are licensed as restaurants, which derive at
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                                           HB 673, First Engrossed
  1  least 51 percent of their gross revenues from the sale of food
  2  and nonalcoholic beverages, pursuant to chapter 509, a
  3  location for on-premises consumption of alcoholic beverages
  4  may not be located within 500 feet of the real property that
  5  comprises a public or private elementary school, middle
  6  school, or secondary school unless the county or municipality
  7  approves the location as promoting the public health, safety,
  8  and general welfare of the community under proceedings as
  9  provided in s. 125.66(4), for counties, and s. 166.041(3)(c),
10  for municipalities.  This restriction shall not, however, be
11  construed to prohibit the issuance of temporary permits to
12  certain nonprofit organizations as provided for in s. 561.422.
13  The division may not issue a change in the series of a license
14  or approve a change of a licensee's location unless the
15  licensee provides documentation of proper zoning from the
16  appropriate county or municipal zoning authorities.
17         Section 3.  Subsection (2) of section 569.11, Florida
18  Statutes, is amended to read:
19         569.11  Possession, misrepresenting age or military
20  service to purchase, and purchase of tobacco products by
21  persons under 18 years of age prohibited; penalties;
22  jurisdiction; disposition of fines.--
23         (2)  It is unlawful for any person under 18 years of
24  age to misrepresent his or her age or military service for the
25  purpose of inducing a dealer or an agent or employee of the
26  dealer to sell, give, barter, furnish, or deliver any tobacco
27  product, or to purchase, or attempt to purchase, any tobacco
28  product from a person or a vending machine.  Any person under
29  18 years of age who violates a provision of this subsection
30  commits a noncriminal violation as provided in s. 775.08(3),
31  punishable by:
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                                           HB 673, First Engrossed
  1         (a)  For a first violation, 16 hours of community
  2  service or, instead of community service, a $25 fine and, in
  3  addition, the person must attend a school-approved
  4  anti-tobacco program, if available;
  5         (b)  For a second violation within 12 weeks of the
  6  first violation, a $25 fine; or
  7         (c)  For a third or subsequent violation within 12
  8  weeks of the first violation, the court must direct the
  9  Department of Highway Safety and Motor Vehicles to withhold
10  issuance of or suspend or revoke the person's driver's license
11  or driving privilege, as provided in s. 322.056.
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13  Any second or subsequent violation not within the 12-week time
14  period after the first violation is punishable as provided for
15  a first violation.
16         Section 4.  This act shall take effect July 1, 1999.
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