Senate Bill 1642c1

    Florida Senate - 1998                           CS for SB 1642

    By the Committee on Regulated Industries and Senator Silver





    315-2077A-98

  1                      A bill to be entitled

  2         An act relating to the Beverage Law; amending

  3         ss. 562.11, 562.111, F.S.; providing an

  4         exemption for giving or serving to certain

  5         underage students alcoholic beverages that are

  6         delivered as part of a required curriculum at

  7         an accredited college; providing an exemption

  8         for the possession of alcoholic beverages by

  9         underage students in specified circumstances;

10         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.  Subsection (4) is added to section 562.11,

15  Florida Statutes, to read:

16         562.11  Selling, giving, or serving alcoholic beverages

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

18  age of another to induce licensee to serve alcoholic beverages

19  to person under 21; penalties.--

20         (4)  This section does not apply to a person who gives,

21  serves, or permits to be served an alcoholic beverage to a

22  student who is 17 years of age or older, if the alcoholic

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

24  curriculum at a college that offers at least a baccalaureate

25  degree and is accredited by one of the six regional

26  accreditation boards recognized by the Department of

27  Education; if the student is enrolled in the college and is

28  required to taste alcoholic beverages that are provided only

29  for instructional purposes during classes conducted under the

30  supervision of authorized instructional personnel pursuant to

31  such a curriculum; if alcoholic beverages are never offered

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






    Florida Senate - 1998                           CS for SB 1642
    315-2077A-98




  1  for consumption or imbibed by such a student and such

  2  alcoholic beverages at all times remain in the possession and

  3  control of such instructional personnel, who must be 21 years

  4  of age or older; and if the college indemnifies the state and

  5  causes each participating student to execute a waiver and

  6  consent in favor of, and indemnifies and holds harmless, the

  7  state.

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

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

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

11         562.111  Possession of alcoholic beverages by persons

12  under age 21 prohibited.--

13         (2)  The prohibition against the possession of

14  alcoholic beverages which is set forth in this section does

15  not apply to the tasting of alcoholic beverages by a student

16  who is 17 years of age or older, who is tasting the alcoholic

17  beverages as part of the student's required curriculum at a

18  college that offers at least a baccalaureate degree and is

19  accredited by one of the six regional accreditation boards

20  recognized by the Department of Education, and who is enrolled

21  in the college and is tasting the alcoholic beverages only for

22  instructional purposes during classes that are part of such a

23  curriculum, provided that such a student shall only be allowed

24  to taste, but not consume or imbibe, such alcoholic beverages

25  and that such alcoholic beverages at all times remain in the

26  possession and control of authorized instructional personnel

27  of the college, who must be 21 years of age or older.

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

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






    Florida Senate - 1998                           CS for SB 1642
    315-2077A-98




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 1642

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  4  Clarifies that the student must be 17 years of age or older
    and that the required curriculum course requires the tasting
  5  of alcoholic beverages for instructional purposes.

  6  Provides that the alcoholic beverages must remain in the
    possession and control of an authorized personnel who must be
  7  over 21 years of age.

  8  Provides that the student and the college must indemnify the
    state.
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    Eliminates the provisions in the bill that require the college
10  to obtain a special beverage instructional license.

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