| 1 | A bill to be entitled |
| 2 | An act relating to abuse of alcohol and illicit drugs; |
| 3 | amending s. 562.11, F.S.; clarifying the prohibition |
| 4 | against allowing a person younger than 21 years of age to |
| 5 | consume alcoholic beverages at premises licensed to sell |
| 6 | alcohol; authorizing a licensee to seize the driver's |
| 7 | license or identification card of a person who uses such |
| 8 | license or card to misrepresent or misstate his or her age |
| 9 | or the age of another person; providing procedures for |
| 10 | such seizure; providing that seizing or failing to seize a |
| 11 | license or card does not create liability on the part of |
| 12 | the licensee; amending s. 562.111, F.S.; prohibiting a |
| 13 | person younger than 21 years of age from consuming |
| 14 | alcoholic beverages or being intoxicated; providing |
| 15 | penalties; specifying standards, including blood-alcohol |
| 16 | and breath-alcohol levels, for determining whether such a |
| 17 | person has consumed alcoholic beverages or is intoxicated; |
| 18 | amending s. 322.056, F.S.; revising provisions relating to |
| 19 | the mandatory revocation or suspension of, or delay of |
| 20 | eligibility for, driver's license for persons found guilty |
| 21 | of certain alcohol, drug, or tobacco offenses; amending s. |
| 22 | 1001.02, F.S.; requiring the State Board of Education to |
| 23 | annually report the occurrences of alcohol and illicit |
| 24 | drug abuse on college and university campuses; providing |
| 25 | requirements for the report; requiring that the report be |
| 26 | submitted to the Governor and the Legislature; amending |
| 27 | ss. 1001.64 and 1001.74, F.S.; requiring that the board of |
| 28 | trustees at each community college and university |
| 29 | establish a plan for reducing and eliminating alcohol and |
| 30 | illicit drug abuse at the community college or university; |
| 31 | providing an effective date. |
| 32 |
|
| 33 | Be It Enacted by the Legislature of the State of Florida: |
| 34 |
|
| 35 | Section 1. Section 562.11, Florida Statutes, is amended to |
| 36 | read: |
| 37 | 562.11 Selling, giving, or serving alcoholic beverages to |
| 38 | person under age 21; providing a proper name; misrepresenting or |
| 39 | misstating age or age of another to induce licensee to serve |
| 40 | alcoholic beverages to person under 21; penalties.-- |
| 41 | (1)(a)1. It is unlawful for any person to sell, give, |
| 42 | serve, or permit to be served alcoholic beverages to a person |
| 43 | under 21 years of age. It is unlawful for any person or to |
| 44 | permit a person under 21 years of age to consume such beverages |
| 45 | on the licensed premises. A person who violates this |
| 46 | subparagraph commits a misdemeanor of the second degree, |
| 47 | punishable as provided in s. 775.082 or s. 775.083. |
| 48 | 2. In addition to any other penalty imposed for a |
| 49 | violation of subparagraph 1., the court may order the Department |
| 50 | of Highway Safety and Motor Vehicles to withhold the issuance |
| 51 | of, or suspend or revoke, the driver's license or driving |
| 52 | privilege, as provided in s. 322.057, of any person who violates |
| 53 | subparagraph 1. This subparagraph does not apply to a licensee, |
| 54 | as defined in s. 561.01, who violates subparagraph 1. while |
| 55 | acting within the scope of his or her license or an employee or |
| 56 | agent of a licensee, as defined in s. 561.01, who violates |
| 57 | subparagraph 1. while engaged within the scope of his or her |
| 58 | employment or agency. |
| 59 | (b) A licensee, or his or her or its agents, officers, |
| 60 | servants, or employees, may not provide alcoholic beverages to a |
| 61 | person younger than 21 years of age who is employed by the |
| 62 | licensee except as authorized pursuant to s. 562.111 or s. |
| 63 | 562.13, and may not permit a person younger than 21 years of age |
| 64 | who is employed by the licensee to consume alcoholic beverages |
| 65 | on the licensed premises or elsewhere while in the scope of |
| 66 | employment. A licensee, or his or her or its agents, officers, |
| 67 | servants, or employees, who violates this paragraph commits a |
| 68 | misdemeanor of the first degree, punishable as provided in s. |
| 69 | 775.082 or s. 775.083. This paragraph may be cited as "the |
| 70 | Christopher Fugate Act." |
| 71 | (c) A licensee who violates paragraph (a) shall have a |
| 72 | complete defense to any civil action therefor, except for any |
| 73 | administrative action by the division under the Beverage Law, |
| 74 | if, at the time the alcoholic beverage was sold, given, served, |
| 75 | or permitted to be served, the person falsely evidenced that he |
| 76 | or she was of legal age to purchase or consume the alcoholic |
| 77 | beverage and the appearance of the person was such that an |
| 78 | ordinarily prudent person would believe him or her to be of |
| 79 | legal age to purchase or consume the alcoholic beverage and if |
| 80 | the licensee carefully checked one of the following forms of |
| 81 | identification with respect to the person: a driver's license, |
| 82 | an identification card issued under the provisions of s. 322.051 |
| 83 | or, if the person is physically handicapped as defined in s. |
| 84 | 553.45(1), a comparable identification card issued by another |
| 85 | state which indicates the person's age, a passport, or a United |
| 86 | States Uniformed Services identification card, and acted in good |
| 87 | faith and in reliance upon the representation and appearance of |
| 88 | the person in the belief that he or she was of legal age to |
| 89 | purchase or consume the alcoholic beverage. Nothing herein shall |
| 90 | negate any cause of action which arose prior to June 2, 1978. |
| 91 | (d) A licensee, or his or her agent or employee, may seize |
| 92 | any driver's license or identification card that is presented by |
| 93 | a person for the purpose of misrepresenting or misstating that |
| 94 | person's age or the age of any other person in violation of this |
| 95 | subsection. A receipt must be provided to any person from whom a |
| 96 | driver's license or identification card is seized and, within 72 |
| 97 | hours, the seized identification must be provided to the |
| 98 | division, the Department of Highway Safety and Motor Vehicles, |
| 99 | or a local law enforcement agency having jurisdiction over the |
| 100 | licensed premises. The receipt must identify the agency to which |
| 101 | the driver's license or identification card will be given and |
| 102 | from which it can be reclaimed and the location of that agency. |
| 103 | The decision by a licensee, or his or her agent or employee, to |
| 104 | seize or not to seize a driver's license or identification card |
| 105 | pursuant to the provisions of this paragraph does not create any |
| 106 | civil or criminal liability on the part of the licensee or his |
| 107 | or her agent or employee. |
| 108 | (2) It is unlawful for any person to misrepresent or |
| 109 | misstate his or her age or the age of any other person for the |
| 110 | purpose of inducing any licensee or his or her agents or |
| 111 | employees to sell, give, serve, or deliver any alcoholic |
| 112 | beverages to a person under 21 years of age, or for any person |
| 113 | under 21 years of age to purchase or attempt to purchase |
| 114 | alcoholic beverages. |
| 115 | (a) Anyone convicted of violating the provisions of this |
| 116 | subsection is guilty of a misdemeanor of the second degree, |
| 117 | punishable as provided in s. 775.082 or s. 775.083. |
| 118 | (b) Any person under the age of 17 years who violates such |
| 119 | provisions shall be within the jurisdiction of the judge of the |
| 120 | circuit court and shall be dealt with as a juvenile delinquent |
| 121 | according to law. |
| 122 | (c) In addition to any other penalty imposed for a |
| 123 | violation of this subsection, if a person uses a driver's |
| 124 | license or identification card issued by the Department of |
| 125 | Highway Safety and Motor Vehicles in violation of this |
| 126 | subsection, the court: |
| 127 | 1. May order the person to participate in public service |
| 128 | or a community work project for a period not to exceed 40 hours; |
| 129 | and |
| 130 | 2. Shall direct the Department of Highway Safety and Motor |
| 131 | Vehicles to withhold issuance of, or suspend or revoke, the |
| 132 | person's driver's license or driving privilege, as provided in |
| 133 | s. 322.056. |
| 134 | (3) Any person under the age of 21 years testifying in any |
| 135 | criminal prosecution or in any hearing before the division |
| 136 | involving the violation by any other person of the provisions of |
| 137 | this section may, at the discretion of the prosecuting officer, |
| 138 | be given full and complete immunity from prosecution for any |
| 139 | violation of law revealed in such testimony that may be or may |
| 140 | tend to be self-incriminating, and any such person under 21 |
| 141 | years of age so testifying, whether under subpoena or otherwise, |
| 142 | shall be compelled to give any such testimony in such |
| 143 | prosecution or hearing for which immunity from prosecution |
| 144 | therefor is given. |
| 145 | (4) This section does not apply to a person who gives, |
| 146 | serves, or permits to be served an alcoholic beverage to a |
| 147 | student who is at least 18 years of age, if the alcoholic |
| 148 | beverage is delivered as part of the student's required |
| 149 | curriculum at a postsecondary educational institution that is |
| 150 | institutionally accredited by an agency recognized by the United |
| 151 | States Department of Education and is licensed or exempt from |
| 152 | licensure pursuant to the provisions of chapter 1005 or that is |
| 153 | a public postsecondary education institution; if the student is |
| 154 | enrolled in the college and is required to taste alcoholic |
| 155 | beverages that are provided only for instructional purposes |
| 156 | during classes conducted under the supervision of authorized |
| 157 | instructional personnel pursuant to such a curriculum; if the |
| 158 | alcoholic beverages are never offered for consumption or imbibed |
| 159 | by such a student and at all times remain in the possession and |
| 160 | control of such instructional personnel, who must be 21 years of |
| 161 | age or older; and if each participating student executes a |
| 162 | waiver and consent in favor of the state and indemnifies the |
| 163 | state and holds it harmless. |
| 164 | Section 2. Section 562.111, Florida Statutes, is amended |
| 165 | to read: |
| 166 | 562.111 Possession or consumption of alcoholic beverages |
| 167 | by persons under age 21 prohibited.-- |
| 168 | (1) It is unlawful for any person under the age of 21 |
| 169 | years, except a person employed under the provisions of s. |
| 170 | 562.13 acting in the scope of her or his employment, to have in |
| 171 | her or his possession alcoholic beverages, to consume alcoholic |
| 172 | beverages, or to be intoxicated by consumption of an alcoholic |
| 173 | beverage. except that nothing contained in This subsection does |
| 174 | not shall preclude the employment of any person 18 years of age |
| 175 | or older in the sale, preparation, or service of alcoholic |
| 176 | beverages in licensed premises in any establishment licensed by |
| 177 | the Division of Alcoholic Beverages and Tobacco or the Division |
| 178 | of Hotels and Restaurants. Notwithstanding the provisions of s. |
| 179 | 562.45, any person under the age of 21 who is convicted of a |
| 180 | violation of this subsection is guilty of a misdemeanor of the |
| 181 | second degree, punishable as provided in s. 775.082 or s. |
| 182 | 775.083; however, any person under the age of 21 who has been |
| 183 | convicted of a violation of this subsection and who is |
| 184 | thereafter convicted of a further violation of this subsection |
| 185 | is, upon conviction of the further offense, guilty of a |
| 186 | misdemeanor of the first degree, punishable as provided in s. |
| 187 | 775.082 or s. 775.083. |
| 188 | (2) The prohibition in this section against the possession |
| 189 | of alcoholic beverages does not apply to the tasting of |
| 190 | alcoholic beverages by a student who is at least 18 years of |
| 191 | age, who is tasting the alcoholic beverages as part of the |
| 192 | student's required curriculum at a postsecondary educational |
| 193 | institution that is institutionally accredited by an agency |
| 194 | recognized by the United States Department of Education and that |
| 195 | is licensed or exempt from licensure pursuant to the provisions |
| 196 | of chapter 1005 or is a public postsecondary education |
| 197 | institution; if the student is enrolled in the college and is |
| 198 | tasting the alcoholic beverages only for instructional purposes |
| 199 | during classes that are part of such a curriculum; if the |
| 200 | student is allowed only to taste, but not consume or imbibe, the |
| 201 | alcoholic beverages; and if the alcoholic beverages at all times |
| 202 | remain in the possession and control of authorized instructional |
| 203 | personnel of the college who are 21 years of age or older. |
| 204 | (3) In addition to any other penalty imposed for a |
| 205 | violation of subsection (1), the court shall direct the |
| 206 | Department of Highway Safety and Motor Vehicles to withhold |
| 207 | issuance of, or suspend or revoke, the violator's driver's |
| 208 | license or driving privilege, as provided in s. 322.056. |
| 209 | (4) For purposes of this section, it is prima facie |
| 210 | evidence that a person under the age of 21 years has consumed an |
| 211 | alcoholic beverage or is intoxicated by the consumption of an |
| 212 | alcoholic beverage if the person is affected to the extent that |
| 213 | the person's normal faculties are impaired, if the person has a |
| 214 | blood-alcohol level of 0.02 or more grams of alcohol per 100 |
| 215 | milliliters of blood, or if the person has a breath-alcohol |
| 216 | level of 0.02 or more grams of alcohol per 210 liters of breath. |
| 217 | Section 3. Section 322.056, Florida Statutes, is amended |
| 218 | to read: |
| 219 | 322.056 Mandatory revocation or suspension of, or delay of |
| 220 | eligibility for, driver's license for persons under age 18 found |
| 221 | guilty of certain alcohol, drug, or tobacco offenses; |
| 222 | prohibition.-- |
| 223 | (1) Notwithstanding the provisions of s. 322.055, if a |
| 224 | person under 18 years of age is found guilty of or delinquent |
| 225 | for a violation of s. 562.11(2), s. 562.111, or chapter 893, |
| 226 | and: |
| 227 | (a) The person is eligible by reason of age for a driver's |
| 228 | license or driving privilege, the court shall direct the |
| 229 | department to revoke or to withhold issuance of his or her |
| 230 | driver's license or driving privilege for a period of: |
| 231 | 1. Not less than 6 months and not more than 1 year for the |
| 232 | first violation. |
| 233 | 2. Two years, for a subsequent violation. |
| 234 | (b) The person's driver's license or driving privilege is |
| 235 | under suspension or revocation for any reason, the court shall |
| 236 | direct the department to extend the period of suspension or |
| 237 | revocation by an additional period of: |
| 238 | 1. Not less than 6 months and not more than 1 year for the |
| 239 | first violation. |
| 240 | 2. Two years, for a subsequent violation. |
| 241 | (c) The person is ineligible by reason of age for a |
| 242 | driver's license or driving privilege, the court shall direct |
| 243 | the department to withhold issuance of his or her driver's |
| 244 | license or driving privilege for a period of: |
| 245 | 1. Not less than 6 months and not more than 1 year after |
| 246 | the date on which he or she would otherwise have become |
| 247 | eligible, for the first violation. |
| 248 | 2. Two years after the date on which he or she would |
| 249 | otherwise have become eligible, for a subsequent violation. |
| 250 |
|
| 251 | However, the court may, in its sound discretion, direct the |
| 252 | department to issue a license for driving privileges restricted |
| 253 | to business or employment purposes only, as defined in s. |
| 254 | 322.271, if the person is otherwise qualified for such a |
| 255 | license. |
| 256 | (2) If a person under 18 years of age is found by the |
| 257 | court to have committed a noncriminal violation under s. 569.11 |
| 258 | and that person has failed to comply with the procedures |
| 259 | established in that section by failing to fulfill community |
| 260 | service requirements, failing to pay the applicable fine, or |
| 261 | failing to attend a locally available school-approved anti- |
| 262 | tobacco program, and: |
| 263 | (a) The person is eligible by reason of age for a driver's |
| 264 | license or driving privilege, the court shall direct the |
| 265 | department to revoke or to withhold issuance of his or her |
| 266 | driver's license or driving privilege as follows: |
| 267 | 1. For the first violation, for 30 days. |
| 268 | 2. For the second violation within 12 weeks of the first |
| 269 | violation, for 45 days. |
| 270 | (b) The person's driver's license or driving privilege is |
| 271 | under suspension or revocation for any reason, the court shall |
| 272 | direct the department to extend the period of suspension or |
| 273 | revocation by an additional period as follows: |
| 274 | 1. For the first violation, for 30 days. |
| 275 | 2. For the second violation within 12 weeks of the first |
| 276 | violation, for 45 days. |
| 277 | (c) The person is ineligible by reason of age for a |
| 278 | driver's license or driving privilege, the court shall direct |
| 279 | the department to withhold issuance of his or her driver's |
| 280 | license or driving privilege as follows: |
| 281 | 1. For the first violation, for 30 days. |
| 282 | 2. For the second violation within 12 weeks of the first |
| 283 | violation, for 45 days. |
| 284 |
|
| 285 | Any second violation of s. 569.11 not within the 12-week period |
| 286 | after the first violation will be treated as a first violation |
| 287 | and in the same manner as provided in this subsection. |
| 288 | (3) If a person under 18 years of age is found by the |
| 289 | court to have committed a third violation of s. 569.11 within 12 |
| 290 | weeks of the first violation, the court must direct the |
| 291 | Department of Highway Safety and Motor Vehicles to suspend or |
| 292 | withhold issuance of his or her driver's license or driving |
| 293 | privilege for 60 consecutive days. Any third violation of s. |
| 294 | 569.11 not within the 12-week period after the first violation |
| 295 | will be treated as a first violation and in the same manner as |
| 296 | provided in subsection (2). |
| 297 | (4) A penalty imposed under this section shall be in |
| 298 | addition to any other penalty imposed by law. |
| 299 | (5) The suspension or revocation of a person's driver's |
| 300 | license imposed pursuant to subsection (2) or subsection (3), |
| 301 | shall not result in or be cause for an increase of the convicted |
| 302 | person's, or his or her parent's or legal guardian's, automobile |
| 303 | insurance rate or premium or result in points assessed against |
| 304 | the person's driving record. |
| 305 | Section 4. Subsection (10) is added to section 1001.02, |
| 306 | Florida Statutes, to read: |
| 307 | 1001.02 General powers of State Board of Education.-- |
| 308 | (10) The State Board of Education, in conjunction with the |
| 309 | Board of Governors, shall develop an annual report regarding the |
| 310 | extent of alcohol and illicit drug abuse, including underage |
| 311 | alcohol use, at the state universities and community colleges |
| 312 | and by college and university students. The report must review |
| 313 | the enforcement, prevention, and intervention policies and |
| 314 | practices of the state universities and community colleges. The |
| 315 | report shall address the need for uniform reporting, data |
| 316 | collection, and recordkeeping by the state universities and |
| 317 | community colleges. The report must provide and delineate its |
| 318 | findings for each state university and community college. |
| 319 | (a) At a minimum, the report must: |
| 320 | 1. Detail the policies and practices of each university |
| 321 | and community college regarding the use and possession of |
| 322 | alcohol, including the extent to which alcohol use and |
| 323 | possession is permitted in campus housing, dining, and meeting |
| 324 | facilities and during university-sponsored events, including on- |
| 325 | campus and off-campus athletic events. |
| 326 | 2. Specify which universities and community colleges |
| 327 | notify the parent or legal guardian of a student under 21 years |
| 328 | of age regarding a violation by the student of the institution's |
| 329 | policies governing the use or possession of alcohol or illicit |
| 330 | drugs. |
| 331 | 3. Identify the number of alcohol-related deaths of |
| 332 | students, including deaths occurring during school term breaks |
| 333 | and occurring off-campus. The term "alcohol-related deaths" |
| 334 | includes deaths in which the use of alcohol or illicit drug use |
| 335 | was a contributing factor. |
| 336 | 4. Identify the number of alcohol-related and illicit |
| 337 | drug-related incidents on the campuses of the state |
| 338 | universities, including incidents involving students and |
| 339 | nonstudents, and specify the number of persons involved. The |
| 340 | term "incidents" includes violations of the alcohol and illicit |
| 341 | drug policies of the colleges and universities and violations of |
| 342 | state law in which alcohol or illicit drug use was a |
| 343 | contributing factor. |
| 344 | 5. Identify the number of alcohol-related hospitalizations |
| 345 | of students. The term "alcohol-related hospitalizations" means |
| 346 | incidents in which a student requires medical treatment for |
| 347 | injuries or other medical conditions related to the abuse or |
| 348 | excessive consumption of illicit drugs or alcohol. |
| 349 | 6. Identify the on-campus and off-campus programs that are |
| 350 | designed to deter and prevent the use of alcohol, the abuse of |
| 351 | alcohol and illicit drugs, and the consumption of alcohol by |
| 352 | underage persons. |
| 353 | 7. Identify the number of alcohol and illicit drug |
| 354 | violations of each institution's student code of conduct, |
| 355 | including an accounting of the penalties imposed. |
| 356 | (b) The annual report must include an assessment of |
| 357 | progress made in reducing alcohol and illicit drug abuse, |
| 358 | including alcohol use by students and underage persons, at the |
| 359 | state universities and community colleges, and must specify the |
| 360 | practices and policies that need improvement. The annual report |
| 361 | shall be submitted by July 1, 2008, and by July 1 in each |
| 362 | successive year, to the Governor, the President of the Senate, |
| 363 | and the Speaker of the House of Representatives. |
| 364 | (c) The State Board of Education shall encourage the |
| 365 | nonpublic universities and colleges to contribute to the |
| 366 | findings of the annual report and to participate in its |
| 367 | preparation. |
| 368 | Section 5. Paragraph (h) is added to subsection (8) of |
| 369 | section 1001.64, Florida Statutes, to read: |
| 370 | 1001.64 Community college boards of trustees; powers and |
| 371 | duties.-- |
| 372 | (8) Each board of trustees has authority for policies |
| 373 | related to students, enrollment of students, student records, |
| 374 | student activities, financial assistance, and other student |
| 375 | services. |
| 376 | (h) Each board of trustees shall establish a plan to |
| 377 | reduce and eliminate alcohol and illicit drug abuse, including |
| 378 | underage alcohol use, and conduct an annual evaluation of the |
| 379 | effectiveness of that plan. |
| 380 | Section 6. Paragraph (j) is added to subsection (10) of |
| 381 | section 1001.74, Florida Statutes, to read: |
| 382 | 1001.74 Powers and duties of university boards of |
| 383 | trustees.-- |
| 384 | (10) Each board of trustees has responsibility for |
| 385 | policies related to students, enrollment of students, student |
| 386 | activities and organizations, financial assistance, and other |
| 387 | student services. |
| 388 | (j) Each board of trustees shall establish a plan to |
| 389 | reduce and eliminate alcohol and illicit drug abuse, including |
| 390 | underage alcohol use, and conduct an annual evaluation of the |
| 391 | effectiveness of that plan. |
| 392 | Section 7. This act shall take effect July 1, 2007. |