Senate Bill sb0432

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    Florida Senate - 2005                                   SB 432

    By Senator Lynn





    7-338-05

  1                      A bill to be entitled

  2         An act relating to consumption of alcohol;

  3         amending s. 562.111, F.S.; providing that it is

  4         a crime for a person under 21 years of age to

  5         consume alcohol; providing penalties; providing

  6         for the use of certain tests as evidence of a

  7         violation; reenacting ss. 322.056(1) and

  8         397.951(2)(i), F.S., for the purpose of

  9         incorporating the amendment to s. 562.111,

10         F.S., in references thereto; providing an

11         effective date.

12  

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

14  

15         Section 1.  Section 562.111, Florida Statutes, is

16  amended to read:

17         562.111  Possession and consumption of alcoholic

18  beverages by persons under age 21 prohibited.--

19         (1)  It is unlawful for any person under the age of 21

20  years, except a person employed under the provisions of s.

21  562.13 acting in the scope of her or his employment, to have

22  in her or his possession alcoholic beverages, except that

23  nothing contained in this subsection shall preclude the

24  employment of any person 18 years of age or older in the sale,

25  preparation, or service of alcoholic beverages in licensed

26  premises in any establishment licensed by the Division of

27  Alcoholic Beverages and Tobacco or the Division of Hotels and

28  Restaurants. Notwithstanding the provisions of s. 562.45, any

29  person under the age of 21 who is convicted of a violation 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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    Florida Senate - 2005                                   SB 432
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 1  however, any person under the age of 21 who has been convicted

 2  of a violation of this subsection and who is thereafter

 3  convicted of a further violation of this subsection is, upon

 4  conviction of the further offense, guilty of a misdemeanor of

 5  the first degree, punishable as provided in s. 775.082 or s.

 6  775.083.

 7         (2)  Except as provided in subsection (3), it is

 8  unlawful for any person under the age of 21 years to consume

 9  alcoholic beverages. Any person under the age of 21 who is

10  convicted of a violation of this subsection is guilty of a

11  misdemeanor of the second degree, punishable as provided in s.

12  775.082 or s. 775.083; however, any person under the age of 21

13  who has been convicted of a violation of this subsection and

14  who is thereafter convicted of a further violation of this

15  subsection is, upon conviction of the further offense, guilty

16  of a misdemeanor of the first degree, punishable as provided

17  in s. 775.082 or s. 775.083. A test establishing that the

18  person had a breath-alcohol level of 0.02 grams of alcohol per

19  210 liters of breath or higher or a blood-alcohol level of

20  0.02 grams of alcohol per 100 milliliters of blood or higher

21  may be used as evidence of consumption.

22         (3)(2)  The prohibition in this section against the

23  possession or consumption of alcoholic beverages does not

24  apply to the tasting of alcoholic beverages by a student who

25  is at least 18 years of age, who is tasting the alcoholic

26  beverages as part of the student's required curriculum at a

27  postsecondary educational institution that is institutionally

28  accredited by an agency recognized by the United States

29  Department of Education and that is licensed or exempt from

30  licensure pursuant to the provisions of chapter 1005 or is a

31  public postsecondary education institution; if the student is

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 1  enrolled in the college and is tasting the alcoholic beverages

 2  only for instructional purposes during classes that are part

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

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

 5  alcoholic beverages at all times remain in the possession and

 6  control of authorized instructional personnel of the college

 7  who are 21 years of age or older.

 8         (4)(3)  In addition to any other penalty imposed for a

 9  violation of subsection (1), the court shall direct the

10  Department of Highway Safety and Motor Vehicles to withhold

11  issuance of, or suspend or revoke, the violator's driver's

12  license or driving privilege, as provided in s. 322.056.

13         Section 2.  For the purpose of incorporating the

14  amendment to section 562.111, Florida Statutes, in a reference

15  thereto, subsection (1) of section 322.056, Florida Statutes,

16  is reenacted to read:

17         322.056  Mandatory revocation or suspension of, or

18  delay of eligibility for, driver's license for persons under

19  age 18 found guilty of certain alcohol, drug, or tobacco

20  offenses; prohibition.--

21         (1)  Notwithstanding the provisions of s. 322.055, if a

22  person under 18 years of age is found guilty of or delinquent

23  for a violation of s. 562.11(2), s. 562.111, or chapter 893,

24  and:

25         (a)  The person is eligible by reason of age for a

26  driver's license or driving privilege, the court shall direct

27  the department to revoke or to withhold issuance of his or her

28  driver's license or driving privilege for a period of:

29         1.  Not less than 6 months and not more than 1 year for

30  the first violation.

31         2.  Two years, for a subsequent violation.

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 1         (b)  The person's driver's license or driving privilege

 2  is under suspension or revocation for any reason, the court

 3  shall direct the department to extend the period of suspension

 4  or revocation by an additional period of:

 5         1.  Not less than 6 months and not more than 1 year for

 6  the first violation.

 7         2.  Two years, for a subsequent violation.

 8         (c)  The person is ineligible by reason of age for a

 9  driver's license or driving privilege, the court shall direct

10  the department to withhold issuance of his or her driver's

11  license or driving privilege for a period of:

12         1.  Not less than 6 months and not more than 1 year

13  after the date on which he or she would otherwise have become

14  eligible, for the first violation.

15         2.  Two years after the date on which he or she would

16  otherwise have become eligible, for a subsequent violation.

17  

18  However, the court may, in its sound discretion, direct the

19  department to issue a license for driving privileges

20  restricted to business or employment purposes only, as defined

21  in s. 322.271, if the person is otherwise qualified for such a

22  license.

23         Section 3.  For the purpose of incorporating the

24  amendment to section 562.111, Florida Statutes, in a reference

25  thereto, paragraph (i) of subsection (2) of section 397.951,

26  Florida Statutes, is reenacted to read:

27         397.951  Treatment and sanctions.--The Legislature

28  recognizes that the integration of treatment and sanctions

29  greatly increases the effectiveness of substance abuse

30  treatment. It is the responsibility of the department and the

31  substance abuse treatment provider to employ the full measure

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 1  of sanctions available to require participation and completion

 2  of treatment to ensure successful outcomes for children in

 3  substance abuse treatment.

 4         (2)  The department shall ensure that substance abuse

 5  treatment providers employ any and all appropriate available

 6  sanctions necessary to engage, motivate, and maintain a child

 7  in treatment, including, but not limited to, provisions in law

 8  that:

 9         (i)  Provide that, pursuant to s. 322.056, for any

10  person under 18 years of age who is found guilty of or

11  delinquent for a violation of s. 562.11(2), s. 562.111, or

12  chapter 893, and is eligible by reason of age for a driver's

13  license or driving privilege, the court shall direct the

14  Department of Highway Safety and Motor Vehicles to revoke or

15  to withhold issuance of his or her driver's license or driving

16  privilege for a period of:

17         1.  Not less than 6 months and not more than 1 year for

18  the first violation.

19         2.  Two years, for a subsequent violation.

20         Section 4.  This act shall take effect upon becoming a

21  law.

22  

23            *****************************************

24                          SENATE SUMMARY

25    Provides that it is a second-degree misdemeanor for a
      person under 21 years of age to consume alcohol. Provides
26    that a breath-alcohol or blood-alcohol level of 0.02 or
      higher maybe used as evidence of underage consumption of
27    alcohol.

28  

29  

30  

31  

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