Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 1954
                        Barcode 931190
                            CHAMBER ACTION
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11  The Committee on Regulated Industries (Hill) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 562.11, Florida Statutes, is
19  amended to read:
20         562.11  Selling, giving, or serving alcoholic beverages
21  to person under age 21; providing a proper name;
22  misrepresenting or misstating age or age of another to induce
23  licensee to serve alcoholic beverages to person under 21;
24  penalties.--
25         (1)(a)1.  It is unlawful for any person to sell, give,
26  serve, or permit to be served alcoholic beverages to a person
27  under 21 years of age. It is unlawful for any licensee or his
28  or her or its agents, officers, servants, or employees  or to
29  permit a person under 21 years of age to consume or possess
30  such beverages on the licensed premises. A person who violates
31  this subparagraph commits a misdemeanor of the second degree,
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    8:33 AM   03/12/07                              s1954.ri01.001

Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1954 Barcode 931190 1 punishable as provided in s. 775.082 or s. 775.083. 2 2. In addition to any other penalty imposed for a 3 violation of subparagraph 1., the court may order the 4 Department of Highway Safety and Motor Vehicles to withhold 5 the issuance of, or suspend or revoke, the driver's license or 6 driving privilege, as provided in s. 322.057, of any person 7 who violates subparagraph 1. This subparagraph does not apply 8 to a licensee, as defined in s. 561.01, who violates 9 subparagraph 1. while acting within the scope of his or her 10 license or an employee or agent of a licensee, as defined in 11 s. 561.01, who violates subparagraph 1. while engaged within 12 the scope of his or her employment or agency. 13 (b) A licensee, or his or her or its agents, officers, 14 servants, or employees, may not provide alcoholic beverages to 15 a person younger than 21 years of age who is employed by the 16 licensee except as authorized pursuant to s. 562.111 or s. 17 562.13, and may not permit a person younger than 21 years of 18 age who is employed by the licensee to consume alcoholic 19 beverages on the licensed premises or elsewhere while in the 20 scope of employment. A licensee, or his or her or its agents, 21 officers, servants, or employees, who violates this paragraph 22 commits a misdemeanor of the first degree, punishable as 23 provided in s. 775.082 or s. 775.083. This paragraph may be 24 cited as "the Christopher Fugate Act." 25 (c) A licensee who violates paragraph (a) shall have a 26 complete defense to any civil action therefor, except for any 27 administrative action by the division under the Beverage Law, 28 if, at the time the alcoholic beverage was sold, given, 29 served, or permitted to be served, the person falsely 30 evidenced that he or she was of legal age to purchase or 31 consume the alcoholic beverage and the appearance of the 2 8:33 AM 03/12/07 s1954.ri01.001
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1954 Barcode 931190 1 person was such that an ordinarily prudent person would 2 believe him or her to be of legal age to purchase or consume 3 the alcoholic beverage and if the licensee carefully checked 4 one of the following forms of identification with respect to 5 the person: a driver's license, an identification card issued 6 under the provisions of s. 322.051 or, if the person is 7 physically handicapped as defined in s. 553.45(1), a 8 comparable identification card issued by another state which 9 indicates the person's age, a passport, or a United States 10 Uniformed Services identification card, and acted in good 11 faith and in reliance upon the representation and appearance 12 of the person in the belief that he or she was of legal age to 13 purchase or consume the alcoholic beverage. Nothing herein 14 shall negate any cause of action which arose prior to June 2, 15 1978. 16 (2) It is unlawful for any person to misrepresent or 17 misstate his or her age or the age of any other person for the 18 purpose of inducing any licensee or his or her agents or 19 employees to sell, give, serve, or deliver any alcoholic 20 beverages to a person under 21 years of age, or for any person 21 under 21 years of age to purchase or attempt to purchase 22 alcoholic beverages. 23 (a) Anyone convicted of violating the provisions of 24 this subsection is guilty of a misdemeanor of the second 25 degree, punishable as provided in s. 775.082 or s. 775.083. 26 (b) Any person under the age of 17 years who violates 27 such provisions shall be within the jurisdiction of the judge 28 of the circuit court and shall be dealt with as a juvenile 29 delinquent according to law. 30 (c) In addition to any other penalty imposed for a 31 violation of this subsection, if a person uses a driver's 3 8:33 AM 03/12/07 s1954.ri01.001
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1954 Barcode 931190 1 license or identification card issued by the Department of 2 Highway Safety and Motor Vehicles in violation of this 3 subsection, the court: 4 1. May order the person to participate in public 5 service or a community work project for a period not to exceed 6 40 hours; and 7 2. Shall direct the Department of Highway Safety and 8 Motor Vehicles to withhold issuance of, or suspend or revoke, 9 the person's driver's license or driving privilege, as 10 provided in s. 322.056. 11 (3) Any person under the age of 21 years testifying in 12 any criminal prosecution or in any hearing before the division 13 involving the violation by any other person of the provisions 14 of this section may, at the discretion of the prosecuting 15 officer, be given full and complete immunity from prosecution 16 for any violation of law revealed in such testimony that may 17 be or may tend to be self-incriminating, and any such person 18 under 21 years of age so testifying, whether under subpoena or 19 otherwise, shall be compelled to give any such testimony in 20 such prosecution or hearing for which immunity from 21 prosecution therefor is given. 22 (4) This section does not apply to a person who gives, 23 serves, or permits to be served an alcoholic beverage to a 24 student who is at least 18 years of age, if the alcoholic 25 beverage is delivered as part of the student's required 26 curriculum at a postsecondary educational institution that is 27 institutionally accredited by an agency recognized by the 28 United States Department of Education and is licensed or 29 exempt from licensure pursuant to the provisions of chapter 30 1005 or that is a public postsecondary education institution; 31 if the student is enrolled in the college and is required to 4 8:33 AM 03/12/07 s1954.ri01.001
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1954 Barcode 931190 1 taste alcoholic beverages that are provided only for 2 instructional purposes during classes conducted under the 3 supervision of authorized instructional personnel pursuant to 4 such a curriculum; if the alcoholic beverages are never 5 offered for consumption or imbibed by such a student and at 6 all times remain in the possession and control of such 7 instructional personnel, who must be 21 years of age or older; 8 and if each participating student executes a waiver and 9 consent in favor of the state and indemnifies the state and 10 holds it harmless. 11 Section 2. Section 562.111, Florida Statutes, is 12 amended to read: 13 562.111 Possession of alcoholic beverages by persons 14 under age 21 prohibited.-- 15 (1) It is unlawful for any person under the age of 21 16 years, except a person employed under the provisions of s. 17 562.13 acting in the scope of her or his employment, to have 18 in her or his possession alcoholic beverages. It is unlawful 19 for any person under 21 years of age to consume alcoholic 20 beverages or to be intoxicated by consumption of an alcoholic 21 beverage., except that nothing contained in This subsection 22 does not shall preclude the employment of any person 18 years 23 of age or older in the sale, preparation, or service of 24 alcoholic beverages in licensed premises in any establishment 25 licensed by the Division of Alcoholic Beverages and Tobacco or 26 the Division of Hotels and Restaurants. Notwithstanding the 27 provisions of s. 562.45, any person under the age of 21 who is 28 convicted of a violation of this subsection is guilty of a 29 misdemeanor of the second degree, punishable as provided in s. 30 775.082 or s. 775.083; however, any person under the age of 21 31 who has been convicted of a violation of this subsection and 5 8:33 AM 03/12/07 s1954.ri01.001
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1954 Barcode 931190 1 who is thereafter convicted of a further violation of this 2 subsection is, upon conviction of the further offense, guilty 3 of a misdemeanor of the first degree, punishable as provided 4 in s. 775.082 or s. 775.083. The possession or consumption by, 5 or the service to, a person under 21 years of age of wine in 6 the performance of a religious service, ritual, or ceremony is 7 not prohibited by law. 8 (2) The prohibition in this section against the 9 possession of alcoholic beverages does not apply to the 10 tasting of alcoholic beverages by a student who is at least 18 11 years of age, who is tasting the alcoholic beverages as part 12 of the student's required curriculum at a postsecondary 13 educational institution that is institutionally accredited by 14 an agency recognized by the United States Department of 15 Education and that is licensed or exempt from licensure 16 pursuant to the provisions of chapter 1005 or is a public 17 postsecondary education institution; if the student is 18 enrolled in the college and is tasting the alcoholic beverages 19 only for instructional purposes during classes that are part 20 of such a curriculum; if the student is allowed only to taste, 21 but not consume or imbibe, the alcoholic beverages; and if the 22 alcoholic beverages at all times remain in the possession and 23 control of authorized instructional personnel of the college 24 who are 21 years of age or older. 25 (3) In addition to any other penalty imposed for a 26 violation of subsection (1), the court shall direct the 27 Department of Highway Safety and Motor Vehicles to withhold 28 issuance of, or suspend or revoke, the violator's driver's 29 license or driving privilege, as provided in s. 322.056. 30 (4) For purposes of this section, it is prima facie 31 evidence that a person under the age of 21 years has consumed 6 8:33 AM 03/12/07 s1954.ri01.001
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1954 Barcode 931190 1 an alcoholic beverage or is intoxicated by the consumption of 2 an alcoholic beverage if the person is affected to the extent 3 that the person's normal faculties are impaired, if the person 4 has a blood-alcohol level of 0.02 or more grams of alcohol per 5 100 milliliters of blood, or if the person has a 6 breath-alcohol level of 0.02 or more grams of alcohol per 210 7 liters of breath. 8 Section 3. Section 322.056, Florida Statutes, is 9 amended to read: 10 322.056 Mandatory revocation or suspension of, or 11 delay of eligibility for, driver's license for persons under 12 age 18 found guilty of certain alcohol, drug, or tobacco 13 offenses; prohibition.-- 14 (1) Notwithstanding the provisions of s. 322.055, if a 15 person under 18 years of age is found guilty of or delinquent 16 for a violation of s. 562.11(2), s. 562.111, or chapter 893, 17 and: 18 (a) The person is eligible by reason of age for a 19 driver's license or driving privilege, the court shall direct 20 the department to revoke or to withhold issuance of his or her 21 driver's license or driving privilege for a period of: 22 1. Not less than 6 months and not more than 1 year for 23 the first violation. 24 2. Two years, for a subsequent violation. 25 (b) The person's driver's license or driving privilege 26 is under suspension or revocation for any reason, the court 27 shall direct the department to extend the period of suspension 28 or revocation by an additional 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. 7 8:33 AM 03/12/07 s1954.ri01.001
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1954 Barcode 931190 1 (c) The person is ineligible by reason of age for a 2 driver's license or driving privilege, the court shall direct 3 the department to withhold issuance of his or her driver's 4 license or driving privilege for a period of: 5 1. Not less than 6 months and not more than 1 year 6 after the date on which he or she would otherwise have become 7 eligible, for the first violation. 8 2. Two years after the date on which he or she would 9 otherwise have become eligible, for a subsequent violation. 10 11 However, the court may, in its sound discretion, direct the 12 department to issue a license for driving privileges 13 restricted to business or employment purposes only, as defined 14 in s. 322.271, if the person is otherwise qualified for such a 15 license. 16 (2) If a person under 18 years of age is found by the 17 court to have committed a noncriminal violation under s. 18 569.11 and that person has failed to comply with the 19 procedures established in that section by failing to fulfill 20 community service requirements, failing to pay the applicable 21 fine, or failing to attend a locally available school-approved 22 anti-tobacco program, and: 23 (a) The person is eligible by reason of age for a 24 driver's license or driving privilege, the court shall direct 25 the department to revoke or to withhold issuance of his or her 26 driver's license or driving privilege as follows: 27 1. For the first violation, for 30 days. 28 2. For the second violation within 12 weeks of the 29 first violation, for 45 days. 30 (b) The person's driver's license or driving privilege 31 is under suspension or revocation for any reason, the court 8 8:33 AM 03/12/07 s1954.ri01.001
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1954 Barcode 931190 1 shall direct the department to extend the period of suspension 2 or revocation by an additional period as follows: 3 1. For the first violation, for 30 days. 4 2. For the second violation within 12 weeks of the 5 first violation, for 45 days. 6 (c) The person is ineligible by reason of age for a 7 driver's license or driving privilege, the court shall direct 8 the department to withhold issuance of his or her driver's 9 license or driving privilege as follows: 10 1. For the first violation, for 30 days. 11 2. For the second violation within 12 weeks of the 12 first violation, for 45 days. 13 14 Any second violation of s. 569.11 not within the 12-week 15 period after the first violation will be treated as a first 16 violation and in the same manner as provided in this 17 subsection. 18 (3) If a person under 18 years of age is found by the 19 court to have committed a third violation of s. 569.11 within 20 12 weeks of the first violation, the court must direct the 21 Department of Highway Safety and Motor Vehicles to suspend or 22 withhold issuance of his or her driver's license or driving 23 privilege for 60 consecutive days. Any third violation of s. 24 569.11 not within the 12-week period after the first violation 25 will be treated as a first violation and in the same manner as 26 provided in subsection (2). 27 (4) A penalty imposed under this section shall be in 28 addition to any other penalty imposed by law. 29 (5) The suspension or revocation of a person's 30 driver's license imposed pursuant to subsection (2) or 31 subsection (3), shall not result in or be cause for an 9 8:33 AM 03/12/07 s1954.ri01.001
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1954 Barcode 931190 1 increase of the convicted person's, or his or her parent's or 2 legal guardian's, automobile insurance rate or premium or 3 result in points assessed against the person's driving record. 4 Section 4. Subsection (10) is added to section 5 1001.02, Florida Statutes, to read: 6 1001.02 General powers of State Board of Education.-- 7 The State Board of Education, in conjunction with the 8 Board of Governors, shall develop an annual report regarding 9 the extent of student alcoholic beverage abuse and alcoholic 10 beverage possession and consumption by students under 21 years 11 of age at the state universities. The report must review the 12 education, prevention, intervention, and enforcement policies 13 and practices of the state universities. The report must 14 provide and delineate its findings for each state university. 15 At a minimum, the report must: 16 (1) Detail the policies and practices concerning: 17 1. The extent to which alcoholic beverage consumption 18 and possession is permitted on campus and during 19 university-sponsored on and off campus events; 20 2. Notification of the parent or legal guardian of a 21 student under 21 years of age regarding a first or subsequent 22 violation by the student of the university's policies 23 governing the use or possession of alcoholic beverages; 24 3. Cooperation with community coalitions, non-profit 25 organizations, law enforcement, and the alcoholic beverage 26 industry in implementing and developing education, prevention, 27 intervention, and enforcement policies and practices; 28 4. The implementation of responsible alcoholic 29 beverage service training at on-campus facilities that sell or 30 serve, or permit the sale or service, of alcoholic beverages; 31 and 10 8:33 AM 03/12/07 s1954.ri01.001
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1954 Barcode 931190 1 5. The advertisement of alcoholic beverages. 2 (b) Identify the education, prevention, intervention, 3 and enforcement efforts designed and implemented to promote 4 responsible student behaviors, personal responsibility, and to 5 reduce the extent of alcoholic beverages abuse and alcoholic 6 beverage possession and consumption by students under 21 years 7 of age, including: 8 1. The on-campus and off-campus programs that are 9 utilized to foster and encourage abstinence from the use of 10 alcoholic beverages and the responsible use of alcoholic 11 beverages and to deter the possession and consumption of 12 alcoholic beverages by students under 21 years of age; 13 2. The efforts to enforce universities' alcohol 14 policies; 15 3. The efforts to assist students suffering from 16 alcohol abuse and dependency; and 17 4. The efforts of student organizations to promote 18 responsible student behaviors and personal responsibility, and 19 to reduce the extent of alcoholic beverage abuse and underage 20 alcoholic beverage possession and consumption. 21 (c) Collect data that reflects the universities' 22 experience with students, including: 23 1. The number of alcohol-related deaths of students 24 that are known to the university. The report shall delineate 25 whether a death occurs on campus. If the death does not occur 26 on campus, the report shall identify the city and state in 27 which the death occurred, if known. The term "alcohol-related 28 deaths" includes deaths in which the use of alcoholic 29 beverages by the student was a contributing factor; 30 2. The number of on-campus violations of state or 31 local laws related to the possession or consumption of 11 8:33 AM 03/12/07 s1954.ri01.001
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1954 Barcode 931190 1 alcoholic beverages which resulted in arrests delineated by 2 students and nonstudents and by specifying the number of 3 persons involved; 4 3. The number of alcohol-related violations of the 5 university's alcohol policies and delineated by students and 6 nonstudents and by specifying the number of persons involved; 7 4. The number of fully adjudicated violations of the 8 student code of conduct pertaining to the possession or 9 consumption of alcoholic beverages and specify the penalties 10 imposed; and 11 5. The results of any surveys conducted by a 12 university that demonstrates the extent of alcohol use by 13 underage students and of irresponsible alcohol use at that 14 university or among college students state-wide, if available. 15 (d) In order to provide a context for useful 16 comparative analysis between universities, specify in relation 17 to the university's total student population, the number and 18 percentage of full-time students, the number and percentage of 19 part-time students, the number and percentage of students who 20 reside on-campus, and the number and percentage of students 21 under and over 21 years of age. 22 (e) Assess the effectiveness of the education, 23 prevention, intervention, and enforcement efforts, including: 24 1. Whether existing university resources are 25 sufficient to implement the university's education, 26 prevention, intervention, and enforcement efforts, and 27 indicate the need, if any, for additional resources; and 28 2. Whether progress has been made in reducing the 29 incidence of alcoholic beverage abuse by students and the 30 possession or consumption of alcoholic beverages by students 31 under 21 years of age and whether specific practices or 12 8:33 AM 03/12/07 s1954.ri01.001
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1954 Barcode 931190 1 polices need improvement, if any. 2 (f) Assess whether the minimum reporting required by 3 this subsection provides information that is beneficial to 4 determining the effectiveness of the universities'education, 5 prevention, intervention, and enforcement efforts and whether 6 there is a need for this annual report. 7 (g) Assess whether there is a need for uniformity in 8 the reporting, data collection, and recordkeeping efforts of 9 the state universities. 10 11 The report shall reflect the period of July 1 through June 30 12 of each year. The annual report shall be submitted by 13 November 15, 2008, and by November 15 of each successive year, 14 to the Governor, the President of the Senate, and the Speaker 15 of the House of Representatives. The State Board of Education 16 shall encourage the nonpublic universities and colleges to 17 contribute to the finds of the annual report and to 18 participate in its preparation. 19 Section 5. Paragraph (h) is added to subsection (8) of 20 section 1001.64, Florida Statutes, to read: 21 1001.64 Community college boards of trustees; powers 22 and duties.-- 23 (8) Each board of trustees has authority for policies 24 related to students, enrollment of students, student records, 25 student activities, financial assistance, and other student 26 services. 27 (h) Each board of trustees shall establish a plan to 28 reduce and eliminate the irresponsible consumption of 29 alcoholic beverages and the possession and consumption of 30 alcoholic beverages by students under 21 years of age. The 31 Board shall conduct an annual evaluation of the effectiveness 13 8:33 AM 03/12/07 s1954.ri01.001
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1954 Barcode 931190 1 of that plan. 2 Section 6. Paragraph (j) is added to subsection (10) 3 of section 1001.74, Florida Statutes, to read: 4 1001.74 Powers and duties of university boards of 5 trustees.-- 6 (10) Each board of trustees has responsibility for 7 policies related to students, enrollment of students, student 8 activities and organizations, financial assistance, and other 9 student services. 10 (j) To the extent delegated by the Board of Governors 11 pursuant to s. 1001.706, each board of trustees shall 12 establish a plan to reduce and eliminate the irresponsible 13 consumption of alcoholic beverages and the possession and 14 consumption of alcoholic beverages by students under 21 years 15 of age. The Board shall conduct an annual evaluation of the 16 effectiveness of that plan. 17 Section 7. This act shall take effect July 1, 2007. 18 19 20 ================ T I T L E A M E N D M E N T =============== 21 And the title is amended as follows: 22 Delete everything before the enacting clause 23 24 and insert: 25 A bill to be entitled 26 An act relating to alcoholic beverages; 27 amending s. 562.11, F.S.; clarifying the 28 prohibition against allowing a person younger 29 than 21 years of age to consume alcoholic 30 beverages at premises licensed to sell alcohol; 31 amending s. 562.111, F.S.; prohibiting a person 14 8:33 AM 03/12/07 s1954.ri01.001
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1954 Barcode 931190 1 younger than 21 years of age from consuming 2 alcoholic beverages or being intoxicated; 3 specifying standards, including blood-alcohol 4 and breath-alcohol levels, for determining 5 whether such a person has consumed alcoholic 6 beverages or is intoxicated; providing an 7 exception for religious activities; amending s. 8 322.056, F.S.; providing that the penalty of 9 suspending or revoking a driver's license or 10 privilege for the offense of unlawfully serving 11 alcoholic beverages to a person younger than 21 12 years of age applies to persons older than 18 13 years of age; amending s. 1001.02, F.S.; 14 requiring the State Board of Education to 15 annually report the occurrence of alcohol abuse 16 on university campuses; providing requirements 17 for the report; requiring that the report be 18 submitted to the Governor and the Legislature; 19 amending ss. 1001.64 and 1001.74, F.S.; 20 requiring that the board of trustees at each 21 community college and university establish a 22 plan for reducing and eliminating alcohol abuse 23 at the community college or university; 24 providing an effective date. 25 26 27 28 29 30 31 15 8:33 AM 03/12/07 s1954.ri01.001