Senate Bill sb0326

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    Florida Senate - 2007                                   SB 326

    By Senator Posey





    24-406-07

  1                      A bill to be entitled

  2         An act relating to selling, giving, or serving

  3         alcoholic beverages to underage persons;

  4         amending s. 562.11, F.S.; revising the penalty

  5         for selling, giving, or serving alcoholic

  6         beverages to a person under age 21; providing

  7         an enhanced penalty for a second or subsequent

  8         violation within a specified period; providing

  9         an effective date.

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

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13         Section 1.  Paragraph (a) of subsection (1) of section

14  562.11, Florida Statutes, is amended to read:

15         562.11  Selling, giving, or serving alcoholic beverages

16  to person under age 21; providing a proper name;

17  misrepresenting or misstating age or age of another to induce

18  licensee to serve alcoholic beverages to person under 21;

19  penalties.--

20         (1)(a)1.  It is unlawful for any person to sell, give,

21  serve, or permit to be served alcoholic beverages to a person

22  under 21 years of age or to permit a person under 21 years of

23  age to consume such beverages on the licensed premises. A

24  person who violates this subparagraph commits a misdemeanor of

25  the first second degree, punishable as provided in s. 775.082

26  or s. 775.083. Any person who violates this subparagraph a

27  second or subsequent time within 1 year after a prior

28  violation that resulted in a conviction for a violation of

29  this subparagraph commits a felony of the third degree,

30  punishable as provided in s. 775.082 or s. 775.083.

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    Florida Senate - 2007                                   SB 326
    24-406-07




 1         2.  In addition to any other penalty imposed for a

 2  violation of subparagraph 1., the court may order the

 3  Department of Highway Safety and Motor Vehicles to withhold

 4  the issuance of, or suspend or revoke, the driver's license or

 5  driving privilege, as provided in s. 322.057, of any person

 6  who violates subparagraph 1. This subparagraph does not apply

 7  to a licensee, as defined in s. 561.01, who violates

 8  subparagraph 1. while acting within the scope of his or her

 9  license or an employee or agent of a licensee, as defined in

10  s. 561.01, who violates subparagraph 1. while engaged within

11  the scope of his or her employment or agency.

12         Section 2.  This act shall take effect July 1, 2007.

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15                          SENATE SUMMARY

16    Modifies the penalty for selling, giving, or serving
      alcoholic beverages to a person under age 21.
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CODING: Words stricken are deletions; words underlined are additions.