| 1 | A bill to be entitled | 
| 2 | An act relating to alcoholic beverages; creating s. | 
| 3 | 877.28, F.S.; providing that it shall be unlawful for | 
| 4 | persons to consume or possess alcoholic beverages in | 
| 5 | certain locations; providing definitions; requiring | 
| 6 | certain stores to post a specified notice; providing areas | 
| 7 | of applicability and exceptions; providing a penalty; | 
| 8 | providing an effective date. | 
| 9 | 
 | 
| 10 | Be It Enacted by the Legislature of the State of Florida: | 
| 11 | 
 | 
| 12 | Section 1.  Section 877.28, Florida Statutes, is created to | 
| 13 | read: | 
| 14 | 877.28  Alcohol in open containers near certain locations; | 
| 15 | signs for certain stores.-- | 
| 16 | (1)  As used in this section, the term: | 
| 17 | (a)  "Alcoholic beverage" means any beverage containing | 
| 18 | more than 1 percent of alcohol by weight. | 
| 19 | (b)  "Food store selling alcoholic beverages" means any | 
| 20 | food or convenience store that has a license for package sales | 
| 21 | of alcoholic beverages from the Division of Alcoholic Beverages | 
| 22 | and Tobacco of the Department of Business and Professional | 
| 23 | Regulation in the classification 1-APS, 2-APS, or PS. | 
| 24 | (c)  "Open container" means any bottle, can, cup, glass, or | 
| 25 | other receptacle containing any alcoholic beverage that is open, | 
| 26 | that has been opened, that has its seal broken, or that has had | 
| 27 | its contents partially removed. | 
| 28 | (d)  "Operator" means any person physically present at a | 
| 29 | store defined in paragraph (b) or paragraph (f) who is managing | 
| 30 | the store or is otherwise in charge of its operation. | 
| 31 | (e)  "Owner" means any person holding an occupational | 
| 32 | license for a store defined in paragraph (b) or paragraph (f). | 
| 33 | (f)  "Package store" means any store primarily engaged in | 
| 34 | the business of selling alcoholic beverages that has a license | 
| 35 | for package sales from the Division of Alcoholic Beverages and | 
| 36 | Tobacco of the Department of Business and Professional | 
| 37 | Regulation in the classifications of 1-APS, 2-APS, or PS. | 
| 38 | (2)(a)  It is a public nuisance and shall be unlawful and | 
| 39 | in violation of this section for any person to consume any | 
| 40 | alcoholic beverage while within 100 feet of any package store or | 
| 41 | food store selling alcoholic beverages, property regularly used | 
| 42 | for religious purposes, community center, senior citizens' | 
| 43 | center, day care center, funeral home, or school. | 
| 44 | (b)  It is a public nuisance and shall be unlawful and in | 
| 45 | violation of this section for any person to possess an open | 
| 46 | container of alcoholic beverages while stopping, standing, or | 
| 47 | remaining within 100 feet of any package store or food store | 
| 48 | selling alcoholic beverages, property regularly used for | 
| 49 | religious purposes, community center, senior citizens' center, | 
| 50 | day care center, funeral home, or school. | 
| 51 | (c)  The owner or operator of any package store or food | 
| 52 | store selling alcoholic beverages shall prominently post on the | 
| 53 | outside of each store entrance and on the inside of the main | 
| 54 | customer exit of each such store a sign with letters at least 2 | 
| 55 | inches tall and in a color contrasting from the background, | 
| 56 | stating: | 
| 57 | 
 | 
| 58 | IT IS UNLAWFUL FOR ANY PERSON TO CONSUME OR POSSESS, IN AN OPEN | 
| 59 | CONTAINER, ANY ALCOHOLIC BEVERAGE IN THIS STORE OR WITHIN 100 | 
| 60 | FEET OF ANY PART OF THIS STORE OR OF THIS PROPERTY. VIOLATORS | 
| 61 | ARE SUBJECT TO ARREST AND PROSECUTION. | 
| 62 | 
 | 
| 63 | (d)  The sign required by this subsection shall be posted | 
| 64 | in English, Spanish, and Haitian Creole. | 
| 65 | (3)  For the purpose of this section, the area within 100 | 
| 66 | feet of any property described in paragraphs (2)(a) and (b) is | 
| 67 | the area within a 100-foot radius of any part of such property, | 
| 68 | but does not include any property lawfully used for a private | 
| 69 | residence or any area where possession or consumption of | 
| 70 | alcoholic beverages is specifically prohibited or permitted by | 
| 71 | the Beverage Law or by any license or permit issued pursuant | 
| 72 | thereto. This section does not apply to any alcoholic beverage | 
| 73 | served by a religious organization, community center, senior | 
| 74 | citizens' center, day care center, funeral home, or school and | 
| 75 | consumed on such premises as part of a religious service, | 
| 76 | community meal, or event sponsored by that organization, center, | 
| 77 | home, or school. | 
| 78 | (4)  This section does not prohibit a county or | 
| 79 | municipality from enforcing an ordinance that concerns the | 
| 80 | subject matter of this section but provides for a different | 
| 81 | penalty or provides for additional signage requirements, if the | 
| 82 | local ordinance was adopted prior to July 1, 2006. | 
| 83 | (5)  Any person who violates this section commits a | 
| 84 | misdemeanor of the second degree, punishable as provided in s. | 
| 85 | 775.082 or s. 775.083. | 
| 86 | Section 2.  This act shall take effect July 1, 2006. |