Senate Bill sb1322c1
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Florida Senate - 2006 CS for SB 1322
By the Committee on Regulated Industries; and Senator King
580-1734-06
1 A bill to be entitled
2 An act relating to driver's licenses; amending
3 s. 562.11, F.S.; providing an additional
4 penalty for providing alcoholic beverages to a
5 person under the age of 21; creating s.
6 322.057, F.S.; requiring a court to withhold to
7 issuance of, or suspend or revoke, the driver's
8 license of certain persons who provide
9 alcoholic beverages to persons under the age of
10 21; providing an effective date.
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12 Be It Enacted by the Legislature of the State of Florida:
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14 Section 1. Paragraph (a) of subsection (1) of section
15 562.11, Florida Statutes, is amended to read:
16 562.11 Selling, giving, or serving alcoholic beverages
17 to person under age 21; providing a proper name;
18 misrepresenting or misstating age or age of another to induce
19 licensee to serve alcoholic beverages to person under 21;
20 penalties.--
21 (1)(a)1. It is unlawful for any person to sell, give,
22 serve, or permit to be served alcoholic beverages to a person
23 under 21 years of age or to permit a person under 21 years of
24 age to consume such beverages on the licensed premises. A
25 person who violates this subparagraph commits Anyone convicted
26 of violation of the provisions hereof is guilty of a
27 misdemeanor of the second 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 shall order the
31 Department of Highway Safety and Motor Vehicles to withhold
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1322
580-1734-06
1 the issuance of, or suspend or revoke, the driver's license or
2 driving privilege, as provided in s. 322.057, of any person
3 who violates subparagraph 1. This subparagraph does not apply
4 to a licensee who violates subparagraph 1. while acting within
5 the scope of his or her license or an employee or agent of a
6 licensee who violates subparagraph 1. while engaged within the
7 scope of his or her employment or agency.
8 Section 2. Section 322.057, Florida Statutes, is
9 created to read:
10 322.057 Mandatory revocation or suspension of driver's
11 license for certain persons who provide alcohol to persons
12 under 21 years of age.--
13 (1) Notwithstanding s. 322.28, the court shall order
14 the department to withhold the issuance of, or suspend or
15 revoke, the driver's license of a person who is found guilty
16 of a violation of s. 562.11(1)(a) for not less than 3 months
17 or more than 6 months for a first violation and for 1 year for
18 any subsequent violation. This subsection does not apply to a
19 licensee who violates s. 562.11(1)(a) while acting within the
20 scope of his or her license or an employee or agent of a
21 licensee who violates s. 562.11(1)(a) while engaged within the
22 scope of his or her employment or agency.
23 (2) The court may direct the department to issue a
24 driver's license restricted to business or employment purposes
25 only, as provided in s. 322.271, to a person who is otherwise
26 qualified for a license.
27 Section 3. This act shall take effect October 1, 2006.
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Florida Senate - 2006 CS for SB 1322
580-1734-06
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1322
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4 The CS amends ss. 562.11(1)(a)2., F.S., and 322.057, F.S., to
provide that these provisions do not apply to a licensee who
5 violates subparagraph 1. while acting within the scope of his
or her license or an employee or agent of a licensee who
6 violates subparagraph 1. while engaged within the scope of his
or her employment or agency.
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The CS amends s. 322.057, F.S., to delete the provision that
8 limits the application of the penalties to persons who are 21
years of age or older. It also adds the conjunction "or" to
9 correct a technical deficiency due to the omission of that
conjunction.
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The CS changes the effective date to October 1, 2006.
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