CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for SB 720
Amendment No.
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4
5
6
7
8
9
10
11 Senator Lee moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 On page 2, between lines 3 and 4,
15
16 insert:
17 Section 2. 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) Any law enforcement officer, as defined in s.
24 943.10(1), may use persons under the age of 21 to assist the
25 officer in enforcement efforts by testing vendor compliance
26 with the prohibitions established in this section.
27 Notwithstanding the prohibitions contained in s. 562.111, such
28 person acting on behalf of the law enforcement officer to test
29 vendor compliance with the prohibitions established in this
30 section shall be immune from civil and criminal liability
31 imposed by s. 562.111 while acting on behalf of the law
1
11:17 AM 04/15/98 s0720c1c-23c8h
SENATE AMENDMENT
Bill No. CS for SB 720
Amendment No.
1 enforcement officer.
2 Section 3. Subsections (2) and (6) of section 567.01,
3 Florida Statutes, are amended to read:
4 567.01 Petition, order, notice of election.--
5 (2) The election so ordered shall be to decide either:
6 (a) Whether the sale of intoxicating liquors, wines,
7 or beer shall be prohibited or permitted in said county, and
8 to decide also whether such sale, if permitted by said
9 election, shall be restricted to sales by the package as
10 hereinafter defined; or.
11 (b) Whether the sale of intoxicating liquors, wines,
12 or beer shall be sold by the drink for consumption on premises
13 as provided in s. 567.07(3).
14 (6) It is the purpose and intent of the Legislature
15 that such election shall obviate the necessity for holding two
16 separate elections, except as provided in s. 567.07(3), by
17 determining in one election:
18 (a) Whether the sale of intoxicating liquors, wines,
19 or beer shall be prohibited or permitted, and
20 (b) If such sales are determined to be permitted, to
21 further determine whether the sales so made shall be limited
22 to sales by the package as herein before defined, or whether
23 sales by the drink on the premises, as well as sales by the
24 package, may be permitted.
25
26 A majority of those legally voting at such election must cast
27 their votes for selling intoxicating liquors, wines, or beer
28 in order that the results of the election on the second
29 question shall be effective and binding.
30 Section 4. Subsection (3) is added to section 567.06,
31 Florida Statutes, to read:
2
11:17 AM 04/15/98 s0720c1c-23c8h
SENATE AMENDMENT
Bill No. CS for SB 720
Amendment No.
1 567.06 Form of ballot; canvassing votes.--
2 (3) However, for a local option election authorized by
3 s. 567.01(2)(b) on the sole question of whether intoxicating
4 liquors, wines, or beer may be sold by the drink for
5 consumption on premises, ballot instructions shall be
6 presented in the following form:
7
8 INSTRUCTIONS: Local Option Election on the Following
9 Question:
10
11 THE QUESTION BEFORE THE ELECTORATE is to decide
12 whether the sale of intoxicating liquors,
13 wines, or beer, containing more than 6.243
14 percent of alcohol by volume, may be sold by
15 the drink for consumption on premises in
16 ( ) County, Florida.
17
18 For Sales by the Drink:
19
20 followed by the word "yes" and also by the word "no," and
21 shall be styled in such a manner that a "yes" vote will
22 indicate approval of the question and a "no" vote will
23 indicate rejection.
24 Section 5. Present subsection (3) of section 567.07,
25 Florida Statutes, is renumbered as subsection (4), and a new
26 subsection (3) is added to that section, to read:
27 567.07 Results of election.--
28 (3) In the event a majority of those legally voting at
29 any such election cast their vote "For Selling Intoxicating
30 Liquors, Wines, or Beer" on question number 1 and a majority
31 of the votes legally cast on question number 2 be "For Sales
3
11:17 AM 04/15/98 s0720c1c-23c8h
SENATE AMENDMENT
Bill No. CS for SB 720
Amendment No.
1 by the Package Only" then, after the expiration of 2 years an
2 election pursuant to s. 567.01(2)(b) may be held to determine
3 the sole question of whether intoxicating liquors, wines, or
4 beer may be sold by the drink for consumption on premises. If
5 a majority of those legally voting cast their votes for
6 selling intoxicating liquors, wines, or beer by the drink for
7 consumption on premises, then such alcoholic beverages may be
8 sold as otherwise provided by law in that county until
9 otherwise determined in an election, which shall not be held
10 oftener than once every 2 years. If a majority of those
11 legally voting cast their vote against the sale of
12 intoxicating liquors, wines, or beer by the drink for
13 consumption on premises, then sales by the package only shall
14 continue.
15 Section 6. Subsection (7) of section 569.002, Florida
16 Statutes, is amended to read:
17 569.002 Definitions.--As used in this chapter, the
18 term:
19 (7) "Any person under the age of 18" does not include
20 any person under the age of 18 who:
21 (a) Has had his or her disability of nonage removed
22 under chapter 743;
23 (b) Is in the military reserve or on active duty in
24 the Armed Forces of the United States;
25 (c) Is otherwise emancipated by a court of competent
26 jurisdiction and released from parental care and
27 responsibility; or
28 (d) Is acting in his or her scope of lawful employment
29 with an entity licensed under the provisions of chapter 210 or
30 this chapter.; or
31 (e) Is working in conjunction with a law enforcement
4
11:17 AM 04/15/98 s0720c1c-23c8h
SENATE AMENDMENT
Bill No. CS for SB 720
Amendment No.
1 agency to test the compliance of dealers with this chapter.
2 Section 7. Subsection (4) is added to section 569.101,
3 Florida Statutes, to read:
4 569.101 Selling, delivering, bartering, furnishing, or
5 giving tobacco products to persons under 18 years of age;
6 criminal penalties; defense.--
7 (4) Any law enforcement officer, as defined in s.
8 943.10(1), may use persons under the age of 18 to assist the
9 officer in enforcement efforts by testing vendor compliance
10 with the prohibitions established in this section.
11 Notwithstanding the prohibitions contained in s. 569.11, such
12 person acting on behalf of a law enforcement officer to test
13 vendor compliance with the prohibitions established in this
14 section shall be immune from civil liability imposed by s.
15 569.11 while acting on behalf of the law enforcement officer.
16 Section 8. Subsection (5) of section 569.11, Florida
17 Statutes, is amended to read:
18 569.11 Possession, misrepresenting age or military
19 service to purchase, and purchase of tobacco products by
20 persons under 18 years of age prohibited; penalties;
21 jurisdiction; disposition of fines.--
22 (5)(a) If a person under 18 years of age is found by
23 the court to have committed a noncriminal violation under this
24 section and that person has failed to complete community
25 service within 60 days, pay the fine as required by paragraph
26 (1)(a) or paragraph (2)(a) within 30 days, or attend a
27 school-approved anti-tobacco program, if locally available,
28 the court must direct the Department of Highway Safety and
29 Motor Vehicles to withhold issuance of or suspend the driver's
30 license or driving privilege of that person for a period of 30
31 consecutive days.
5
11:17 AM 04/15/98 s0720c1c-23c8h
SENATE AMENDMENT
Bill No. CS for SB 720
Amendment No.
1 (b) If a person under 18 years of age is found by the
2 court to have committed a noncriminal violation under this
3 section and that person has failed to pay the applicable fine
4 as required by paragraph (1)(b) or paragraph (2)(b) within 30
5 days, the court must direct the Department of Highway Safety
6 and Motor Vehicles to withhold issuance of or suspend the
7 driver's license or driving privilege of that person for a
8 period of 45 consecutive days.
9
10 (Redesignate subsequent sections.)
11
12
13 ================ T I T L E A M E N D M E N T ===============
14 And the title is amended as follows:
15 On page 1, lines 2 through 6, delete those lines
16
17 and insert:
18 An act relating to alcohol and tobacco sales;
19 amending s. 562.45, F.S.; providing
20 restrictions on locations for on-premises
21 consumption of alcoholic beverages; amending s.
22 562.11, F.S.; authorizing law enforcement
23 officers to use persons under a certain age to
24 test vendor compliance with provisions
25 restricting the sale of alcoholic beverages to
26 certain minors; amending s. 567.01, F.S.;
27 providing for local-option elections to
28 determine sales of intoxicating liquors, wines,
29 or beer by the drink; amending s. 567.06, F.S.;
30 providing ballot instructions for local-option
31 elections; amending s. 567.07, F.S.; providing
6
11:17 AM 04/15/98 s0720c1c-23c8h
SENATE AMENDMENT
Bill No. CS for SB 720
Amendment No.
1 for a local option election for sole purpose of
2 determining whether intoxicating liquors,
3 wines, or beer may be sold by the drink for
4 consumption on premises; amending ss. 569.002
5 and 569.101, F.S.; authorizing law enforcement
6 officers to use persons under a certain age to
7 test vendor compliance with provisions
8 restricting the sale of tobacco products to
9 certain minors; amending s. 569.11, F.S.;
10 specifying times within which community service
11 or fines are satisfied; providing effective
12 dates.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
7
11:17 AM 04/15/98 s0720c1c-23c8h