| 1 | A bill to be entitled |
| 2 | An act relating to selling, giving, or serving alcoholic |
| 3 | beverages to persons under 21 years of age; amending s. |
| 4 | 562.11, F.S.; increasing the penalty imposed for a second |
| 5 | or subsequent offense of selling, giving, or serving |
| 6 | alcoholic beverages to a person under 21 years of age |
| 7 | within a specified period following the prior offense; |
| 8 | providing a defense; providing an effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Paragraph (a) of subsection (1) of section |
| 13 | 562.11, Florida Statutes, is amended, and paragraph (d) is added |
| 14 | to that subsection, to read: |
| 15 | 562.11 Selling, giving, or serving alcoholic beverages to |
| 16 | person under age 21; providing a proper name; misrepresenting or |
| 17 | misstating age or age of another to induce licensee to serve |
| 18 | alcoholic beverages to person under 21; penalties.-- |
| 19 | (1)(a)1. It is unlawful for any person to sell, give, |
| 20 | serve, or permit to be served alcoholic beverages to a person |
| 21 | under 21 years of age or to permit a person under 21 years of |
| 22 | age to consume such beverages on the licensed premises. A person |
| 23 | who violates this subparagraph commits a misdemeanor of the |
| 24 | second degree, punishable as provided in s. 775.082 or s. |
| 25 | 775.083. A person who violates this subparagraph a second or |
| 26 | subsequent time within 1 year after a prior violation commits a |
| 27 | misdemeanor of the first degree, punishable as provided in s. |
| 28 | 775.082 or s. 775.083. |
| 29 | 2. In addition to any other penalty imposed for a |
| 30 | violation of subparagraph 1., the court may order the Department |
| 31 | of Highway Safety and Motor Vehicles to withhold the issuance |
| 32 | of, or suspend or revoke, the driver's license or driving |
| 33 | privilege, as provided in s. 322.057, of any person who violates |
| 34 | subparagraph 1. This subparagraph does not apply to a licensee, |
| 35 | as defined in s. 561.01, who violates subparagraph 1. while |
| 36 | acting within the scope of his or her license or an employee or |
| 37 | agent of a licensee, as defined in s. 561.01, who violates |
| 38 | subparagraph 1. while engaged within the scope of his or her |
| 39 | employment or agency. |
| 40 | (d) Any person charged with a violation of paragraph (a) |
| 41 | has a complete defense if, at the time the alcoholic beverage |
| 42 | was sold, given, served, or permitted to be served: |
| 43 | 1. The buyer or recipient falsely evidenced that he or she |
| 44 | was 21 years of age or older; |
| 45 | 2. The appearance of the buyer or recipient was such that |
| 46 | a prudent person would believe the buyer or recipient to be 21 |
| 47 | years of age or older; and |
| 48 | 3. Such person carefully checked a driver's license or an |
| 49 | identification card issued by this state or another state of the |
| 50 | United States, a passport, or a United States Uniformed Services |
| 51 | identification card presented by the buyer or recipient and |
| 52 | acted in good faith and in reliance upon the representation and |
| 53 | appearance of the buyer or recipient in the belief that the |
| 54 | buyer or recipient was 21 years of age or older. |
| 55 | Section 2. This act shall take effect July 1, 2009. |