House Bill 3787c1

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    Florida House of Representatives - 1998             CS/HB 3787

        By the Committee on Regulated Services and Representative
    Morroni





  1                      A bill to be entitled

  2         An act relating to alcohol and tobacco sales;

  3         amending s. 562.11, F.S.; authorizing law

  4         enforcement officers to utilize persons under a

  5         certain age to test vendor compliance with

  6         provisions restricting the sale of alcoholic

  7         beverages to certain minors; amending s.

  8         562.45, F.S.; providing restrictions on

  9         locations for on-premises consumption of

10         alcoholic beverages; amending s. 567.01, F.S.;

11         concerning orders for local option elections;

12         amending s. 567.06, F.S.; providing ballot

13         instructions; amending s. 567.07, F.S.;

14         providing for a local option election for sole

15         purpose of determining whether intoxicating

16         liquors, wines, or beer may be sold by the

17         drink for consumption on premises; amending ss.

18         569.002 and 569.101, F.S.; authorizing law

19         enforcement officers to utilize persons under a

20         certain age to test vendor compliance with

21         provisions restricting the sale of tobacco

22         products to certain minors; providing an

23         effective date.

24

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

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

28  Florida Statutes, to read:

29         562.11  Selling, giving, or serving alcoholic beverages

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

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    Florida House of Representatives - 1998             CS/HB 3787

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  1  age of another to induce licensee to serve alcoholic beverages

  2  to person under 21; penalties.--

  3         (4)  Any law enforcement officer, as defined in s.

  4  943.10(1), may utilize persons under the age of 21 to assist

  5  the officer in enforcement efforts by testing vendor

  6  compliance with the prohibitions established in this section.

  7  Notwithstanding the prohibitions contained in s. 562.111, such

  8  person acting on behalf of the law enforcement officer to test

  9  vendor compliance with the prohibitions established in this

10  section shall be immune from civil and criminal liability

11  imposed by s. 562.111 while acting on behalf of the law

12  enforcement officer.

13         Section 2.  Paragraph (a) of subsection (2) of section

14  562.45, Florida Statutes, is amended to read:

15         562.45  Penalties for violating Beverage Law; local

16  ordinances; prohibiting regulation of certain activities or

17  business transactions; requiring nondiscriminatory treatment;

18  providing exceptions.--

19         (2)(a)  Nothing contained in the Beverage Law shall be

20  construed to affect or impair the power or right of any county

21  or incorporated municipality of the state to enact ordinances

22  regulating the hours of business and location of place of

23  business, and prescribing sanitary regulations therefor, of

24  any licensee under the Beverage Law within the county or

25  corporate limits of such municipality. However, except for

26  premises licensed on or before July 1, 1998, a location for

27  on-premises consumption of alcoholic beverages may not be

28  located within 500 feet of the real property that comprises a

29  public or private elementary school, middle school, or

30  secondary school unless the county or municipality approves

31  the location as promoting the public health, safety, and

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    Florida House of Representatives - 1998             CS/HB 3787

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  1  general welfare of the community under proceedings as provided

  2  in s. 286.0115. The division may not issue a change in the

  3  series of a license or approve a change of a licensee's

  4  location unless the licensee provides documentation of proper

  5  zoning from the appropriate county or municipal zoning

  6  authorities.

  7         Section 3.  Subsection (2) and (6) of section 567.01,

  8  Florida Statutes, are amended to read:

  9         567.01  Petition, order, notice of election.--

10         (2)  The election so ordered shall be to decide either:

11         (a)  Whether the sale of intoxicating liquors, wines,

12  or beer shall be prohibited or permitted in said county, and

13  to decide also whether such sale, if permitted by said

14  election, shall be restricted to sales by the package as

15  hereinafter defined; or.

16         (b)  Whether the sale of intoxicating liquors, wines,

17  or beer shall be sold by the drink for consumption on premises

18  as provided in s. 567.07(3).

19         (6)  It is the purpose and intent of the Legislature

20  that such election shall obviate the necessity for holding two

21  separate elections, except as provided in s. 567.07(3), by

22  determining in one election:

23         (a)  Whether the sale of intoxicating liquors, wines,

24  or beer shall be prohibited or permitted, and

25         (b)  If such sales are determined to be permitted, to

26  further determine whether the sales so made shall be limited

27  to sales by the package as hereinbefore defined, or whether

28  sales by the drink on the premises, as well as sales by the

29  package, may be permitted.

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    Florida House of Representatives - 1998             CS/HB 3787

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  1  A majority of those legally voting at such election must cast

  2  their votes for selling intoxicating liquors, wines, or beer

  3  in order that the results of the election on the second

  4  question shall be effective and binding.

  5         Section 4.  Subsection (3) is added to section 567.06,

  6  Florida Statutes, to read:

  7         567.06  Form of ballot; canvassing votes.--

  8         (3)  However, for a local option election authorized by

  9  s. 567.01(2)(b) on the sole question of whether intoxicating

10  liquors, wines, or beer may be sold by the drink for

11  consumption on premises, ballot instructions shall be

12  presented in the following form:

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14  INSTRUCTIONS:  Local Option Election on the Following

15  Question:

16

17         THE QUESTION BEFORE THE ELECTORATE is to decide

18         whether the sale of intoxicating liquors,

19         wines, or beer, containing more than 6.243

20         percent of alcohol by volume, may be sold by

21         the drink for consumption on premises in

22         (      ) County, Florida.

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24              For Sales by the Drink:

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26  followed by the word "yes" and also by the word "no," and

27  shall be styled in such a manner that a "yes" vote will

28  indicate approval of the question and a "no" vote will

29  indicate rejection.

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    Florida House of Representatives - 1998             CS/HB 3787

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  1         Section 5.  Subsection (3) of section 567.07, Florida

  2  Statutes, is renumbered as subsection (4) and a new subsection

  3  (3) is added to said section, to read:

  4         567.07  Results of election.--

  5         (3)  In the event a majority of those legally voting at

  6  any such election cast their vote "For Selling Intoxicating

  7  Liquors, Wines, or Beer" on question number 1 and a majority

  8  of the votes legally cast on question number 2 be "For Sales

  9  by the Package Only" then, after the expiration of two years

10  an election pursuant to s. 567.01(2)(b) may be held to

11  determine the sole question of whether intoxicating liquors,

12  wines, or beer may be sold by the drink for consumption on

13  premises.  If a majority of those legally voting cast their

14  votes for selling intoxicating liquors, wines, or beer by the

15  drink for consumption on premises, then such alcoholic

16  beverages may be sold as otherwise provided by law in said

17  county until otherwise determined in an election, which shall

18  not be held more often than once in every 2 years.  If a

19  majority of those legally voting cast their vote against the

20  sale of intoxicating liquors, wines, or beer by the drink for

21  consumption on premises, then sales by the package only shall

22  continue.

23         Section 6.  Subsection (7) of section 569.002, Florida

24  Statutes, is amended to read:

25         569.002  Definitions.--As used in this chapter, the

26  term:

27         (7)  "Any person under the age of 18" does not include

28  any person under the age of 18 who:

29         (a)  Has had his or her disability of nonage removed

30  under chapter 743;

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    Florida House of Representatives - 1998             CS/HB 3787

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  1         (b)  Is in the military reserve or on active duty in

  2  the Armed Forces of the United States;

  3         (c)  Is otherwise emancipated by a court of competent

  4  jurisdiction and released from parental care and

  5  responsibility; or

  6         (d)  Is acting in his or her scope of lawful employment

  7  with an entity licensed under the provisions of chapter 210 or

  8  this chapter.; or

  9         (e)  Is working in conjunction with a law enforcement

10  agency to test the compliance of dealers with this chapter.

11         Section 7.  Subsection (4) is added to section 569.101,

12  Florida Statutes, to read:

13         569.101  Selling, delivering, bartering, furnishing, or

14  giving tobacco products to persons under 18 years of age;

15  criminal penalties; defense.--

16         (4)  Any law enforcement officer, as defined in s.

17  943.10(1), may utilize persons under the age of 18 to assist

18  the officer in enforcement efforts by testing vendor

19  compliance with the prohibitions established in this section.

20  Notwithstanding the prohibitions contained in s. 569.11, such

21  person acting on behalf of a law enforcement officer to test

22  vendor compliance with the prohibitions established in this

23  section shall be immune from civil liability imposed by s.

24  569.11 while acting on behalf of the law enforcement officer.

25         Section 8.  This act shall take effect upon becoming a

26  law.

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