Senate Bill sb0648

    Florida Senate - 2001                                   SB 648

    By Senator Garcia





    39-317-01

  1                      A bill to be entitled

  2         An act relating to the Beverage Law; amending

  3         ss. 562.11, 562.111, F.S.; providing an

  4         exemption for giving or serving to certain

  5         underage students alcoholic beverages that are

  6         delivered as part of a required curriculum at

  7         an accredited institution; providing an

  8         exemption for the possession of alcoholic

  9         beverages by underage students in specified

10         circumstances; providing an effective date.

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12  Be It Enacted by the Legislature of the State of Florida:

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14         Section 1.  Subsection (4) is added to section 562.11,

15  Florida Statutes, to read:

16         562.11  Selling, giving, or serving alcoholic beverages

17  to person under age 21; misrepresenting or misstating age or

18  age of another to induce licensee to serve alcoholic beverages

19  to person under 21; penalties.--

20         (4)  This section does not apply to a person who gives,

21  serves, or permits to be served an alcoholic beverage to a

22  student who is at least 18 years of age, if the alcoholic

23  beverage is delivered as part of the student's required

24  curriculum at a postsecondary educational institution that is

25  institutionally accredited by an agency recognized by the

26  United States Department of Education and is licensed or

27  exempt from licensure by the State Board of Independent

28  Colleges and Universities or that is a public postsecondary

29  education institution; if the student is enrolled in the

30  college and is required to taste alcoholic beverages that are

31  provided only for instructional purposes during classes

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    Florida Senate - 2001                                   SB 648
    39-317-01




  1  conducted under the supervision of authorized instructional

  2  personnel pursuant to such a curriculum; if the alcoholic

  3  beverages are never offered for consumption or imbibed by such

  4  a student and at all times remain in the possession and

  5  control of such instructional personnel, who must be 21 years

  6  of age or older; and if each participating student executes a

  7  waiver and consent in favor of the state and indemnifies the

  8  state and holds it harmless.

  9         Section 2.  Present subsection (2) of section 562.111,

10  Florida Statutes, is renumbered as subsection (3), and a new

11  subsection (2) is added to that section to read:

12         562.111  Possession of alcoholic beverages by persons

13  under age 21 prohibited.--

14         (2)  The prohibition in this section against the

15  possession of alcoholic beverages does not apply to the

16  tasting of alcoholic beverages by a student who is at least 18

17  years of age, who is tasting the alcoholic beverages as part

18  of the student's required curriculum at a postsecondary

19  educational institution that is institutionally accredited by

20  an agency recognized by the United States Department of

21  Education and that is licensed or exempt from licensure by the

22  State Board of Independent Colleges and Universities or is a

23  public postsecondary education institution, if the student is

24  enrolled in the college and is tasting the alcoholic beverages

25  only for instructional purposes during classes that are part

26  of such a curriculum; if the student is allowed only to taste,

27  but not consume or imbibe, the alcoholic beverages; and if the

28  alcoholic beverages at all times remain in the possession and

29  control of authorized instructional personnel of the college

30  who are 21 years of age or older.

31         Section 3.  This act shall take effect July 1, 2001.

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    Florida Senate - 2001                                   SB 648
    39-317-01




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  2                          SENATE SUMMARY

  3    Provides that a prohibition against the selling, giving,
      or serving of alcoholic beverages to persons under the
  4    age of 21 does not apply to a person who gives, serves,
      or permits to be served alcoholic beverages to a student
  5    who is at least 18 years of age, if the alcoholic
      beverage is delivered as a part of the student's required
  6    curriculum at a described postsecondary educational
      institution. Provides an exemption for the possession of
  7    alcoholic beverages by such underage students. (See bill
      for details.)
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