CS/HB 415

1
A bill to be entitled
2An act relating to selling, giving, or serving alcoholic
3beverages to persons under 21 years of age; amending s.
4562.11, F.S.; increasing the penalty imposed for a second
5or subsequent offense of selling, giving, or serving
6alcoholic beverages to a person under 21 years of age
7within a specified period following the prior offense;
8providing a defense; providing an effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Paragraph (a) of subsection (1) of section
13562.11, Florida Statutes, is amended, and paragraph (d) is added
14to that subsection, to read:
15     562.11  Selling, giving, or serving alcoholic beverages to
16person under age 21; providing a proper name; misrepresenting or
17misstating age or age of another to induce licensee to serve
18alcoholic beverages to person under 21; penalties.--
19     (1)(a)1.  It is unlawful for any person to sell, give,
20serve, or permit to be served alcoholic beverages to a person
21under 21 years of age or to permit a person under 21 years of
22age to consume such beverages on the licensed premises. A person
23who violates this subparagraph commits a misdemeanor of the
24second degree, punishable as provided in s. 775.082 or s.
25775.083. A person who violates this subparagraph a second or
26subsequent time within 1 year after a prior violation commits a
27misdemeanor of the first degree, punishable as provided in s.
28775.082 or s. 775.083.
29     2.  In addition to any other penalty imposed for a
30violation of subparagraph 1., the court may order the Department
31of Highway Safety and Motor Vehicles to withhold the issuance
32of, or suspend or revoke, the driver's license or driving
33privilege, as provided in s. 322.057, of any person who violates
34subparagraph 1. This subparagraph does not apply to a licensee,
35as defined in s. 561.01, who violates subparagraph 1. while
36acting within the scope of his or her license or an employee or
37agent of a licensee, as defined in s. 561.01, who violates
38subparagraph 1. while engaged within the scope of his or her
39employment or agency.
40     (d)  Any person charged with a violation of paragraph (a)
41has a complete defense if, at the time the alcoholic beverage
42was sold, given, served, or permitted to be served:
43     1.  The buyer or recipient falsely evidenced that he or she
44was 21 years of age or older;
45     2.  The appearance of the buyer or recipient was such that
46a prudent person would believe the buyer or recipient to be 21
47years of age or older; and
48     3.  Such person carefully checked a driver's license or an
49identification card issued by this state or another state of the
50United States, a passport, or a United States Uniformed Services
51identification card presented by the buyer or recipient and
52acted in good faith and in reliance upon the representation and
53appearance of the buyer or recipient in the belief that the
54buyer or recipient was 21 years of age or older.
55     Section 2.  This act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.