Senate Bill 1642

    Florida Senate - 1998                                  SB 1642

    By Senator Silver





    38-244B-98

  1                      A bill to be entitled

  2         An act relating to the Beverage Law; providing

  3         an exemption for giving or serving to certain

  4         underage students alcoholic beverages that are

  5         delivered as part of a required curriculum at

  6         an accredited college; providing an exemption

  7         for the possession of alcoholic beverages by

  8         underage students in specified circumstances;

  9         establishing a beverage instructional license,

10         to be granted by the Department of Business and

11         Professional Regulation; providing for

12         rulemaking relating to such licenses; providing

13         an effective date.

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

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17         Section 1.  Subsection (4) is added to section 562.11,

18  Florida Statutes, to read:

19         562.11  Selling, giving, or serving alcoholic beverages

20  to person under age 21; misrepresenting or misstating age or

21  age of another to induce licensee to serve alcoholic beverages

22  to person under 21; penalties.--

23         (4)(a)  This section does not apply to a person who

24  gives, serves, or permits to be served an alcoholic beverage

25  to a student who is over 17 years of age, if the alcoholic

26  beverage is delivered as part of the student's required

27  curriculum at a college that offers at least a baccalaureate

28  degree, is in possession of a beverage instructional license,

29  and is accredited by one of the six regional accreditation

30  boards recognized by the Department of Education, and if the

31  student is enrolled in the college and is required to taste or

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






    Florida Senate - 1998                                  SB 1642
    38-244B-98




  1  imbibe 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.

  5         (b)  In order to qualify for an exemption under

  6  paragraph (a), a college must have a beverage instructional

  7  license. The Department of Business and Professional

  8  Regulation may issue beverage instructional licenses and shall

  9  adopt reasonable rules necessary for governing the issuance of

10  such licenses and for carrying out the purposes of this

11  subsection. These rules must include, but need not be limited

12  to, provisions for appropriate liability insurance and for the

13  indemnification of this state.

14         Section 2.  Present subsection (2) of section 562.111,

15  Florida Statutes, is redesignated as subsection (3), and a new

16  subsection (2) is added to that section, to read:

17         562.111  Possession of alcoholic beverages by persons

18  under age 21 prohibited.--

19         (2)  The prohibition against the possession of

20  alcoholic beverages which is set forth in this section does

21  not apply to the possession of alcoholic beverages by a

22  student who is over 17 years of age, who is in possession of

23  the alcoholic beverages as part of the student's required

24  curriculum at a college that offers at least a baccalaureate

25  degree, is in possession of a beverage instructional license

26  granted in accordance with s. 562.11, and is accredited by one

27  of the six regional accreditation boards recognized by the

28  Department of Education, and who is enrolled in the college

29  and is in possession of the alcoholic beverages only for

30  instructional purposes during classes that are part of such a

31  curriculum.

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






    Florida Senate - 1998                                  SB 1642
    38-244B-98




  1         Section 3.  This act shall take effect July 1, 1998.

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  4                          SENATE SUMMARY

  5    Provides that neither the prohibition against serving
      alcoholic beverages to persons under age 21 nor the
  6    prohibition against possessing such beverages if one is
      under age 21 applies to certain students over the age of
  7    17 who receive alcoholic beverages as part of their
      required curriculum at an accredited college. Provides
  8    for the Department of Business and Professional
      Regulation to grant beverage instructional licenses and
  9    to adopt rules pertaining to such licenses.

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