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





                                                   HOUSE AMENDMENT

                                            Bill No. CS for SB 156

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  Representative(s) Eggelletion offered the following:

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13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

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16  and insert in lieu thereof:

17         Section 1.  Subsection (2) of section 562.11, Florida

18  Statutes, is amended 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         (2)  It is unlawful for any person to misrepresent or

24  misstate his or her age or the age of any other person for the

25  purpose of inducing any licensee or his or her agents or

26  employees to sell, give, serve, or deliver any alcoholic

27  beverages to a person under 21 years of age, or for any person

28  under 21 years of age to purchase or attempt to purchase

29  alcoholic beverages.

30         (a)  Anyone convicted of violating the provisions of

31  this subsection is guilty of a misdemeanor of the second

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                                                   HOUSE AMENDMENT

                                            Bill No. CS for SB 156

    Amendment No.     (for drafter's use only)





 1  degree, punishable as provided in s. 775.082 or s. 775.083.

 2         (b)  Any person under the age of 17 years who violates

 3  such provisions shall be within the jurisdiction of the judge

 4  of the circuit court and shall be dealt with as a juvenile

 5  delinquent according to law.

 6         (c)  In addition to any other penalty imposed for a

 7  violation of this subsection, if a person uses a driver's

 8  license or identification card issued by the Department of

 9  Highway Safety and Motor Vehicles in violation of this

10  subsection, the court:

11         1.  May order the person to participate in public

12  service or a community work project for a period not to exceed

13  40 hours; and

14         2.  Shall direct the Department of Highway Safety and

15  Motor Vehicles to withhold issuance of, or suspend or revoke,

16  the person's driver's license or driving privilege, as

17  provided in s. 322.056.

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

19  562.45, Florida Statutes, is amended to read:

20         562.45  Penalties for violating Beverage Law; local

21  ordinances; prohibiting regulation of certain activities or

22  business transactions; requiring nondiscriminatory treatment;

23  providing exceptions.--

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

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

26  or incorporated municipality of the state to enact ordinances

27  regulating the hours of business and location of place of

28  business, and prescribing sanitary regulations therefor, of

29  any licensee under the Beverage Law within the county or

30  corporate limits of such municipality. However, except for

31  premises licensed on or before July 1, 1999, and except for

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                                                   HOUSE AMENDMENT

                                            Bill No. CS for SB 156

    Amendment No.     (for drafter's use only)





 1  locations that are licensed as restaurants, which derive at

 2  least 51 percent of their gross revenues from the sale of food

 3  and nonalcoholic beverages, pursuant to chapter 509, a

 4  location for on-premises consumption of alcoholic beverages

 5  may not be located within 500 feet of the real property that

 6  comprises a public or private elementary school, middle

 7  school, or secondary school unless the county or municipality

 8  approves the location as promoting the public health, safety,

 9  and general welfare of the community under proceedings as

10  provided in s. 125.66(4), for counties, and s. 166.041(3)(c),

11  for municipalities.  This restriction shall not, however, be

12  construed to prohibit the issuance of temporary permits to

13  certain nonprofit organizations as provided for in s. 561.422.

14  The division may not issue a change in the series of a license

15  or approve a change of a licensee's location unless the

16  licensee provides documentation of proper zoning from the

17  appropriate county or municipal zoning authorities.

18         Section 3.  Subsection (2) of section 569.11, Florida

19  Statutes, is amended to read:

20         569.11  Possession, misrepresenting age or military

21  service to purchase, and purchase of tobacco products by

22  persons under 18 years of age prohibited; penalties;

23  jurisdiction; disposition of fines.--

24         (2)  It is unlawful for any person under 18 years of

25  age to misrepresent his or her age or military service for the

26  purpose of inducing a dealer or an agent or employee of the

27  dealer to sell, give, barter, furnish, or deliver any tobacco

28  product, or to purchase, or attempt to purchase, any tobacco

29  product from a person or a vending machine.  Any person under

30  18 years of age who violates a provision of this subsection

31  commits a noncriminal violation as provided in s. 775.08(3),

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                                                   HOUSE AMENDMENT

                                            Bill No. CS for SB 156

    Amendment No.     (for drafter's use only)





 1  punishable by:

 2         (a)  For a first violation, 16 hours of community

 3  service or, instead of community service, a $25 fine and, in

 4  addition, the person must attend a school-approved

 5  anti-tobacco program, if available;

 6         (b)  For a second violation within 12 weeks of the

 7  first violation, a $25 fine; or

 8         (c)  For a third or subsequent violation within 12

 9  weeks of the first violation, the court must direct the

10  Department of Highway Safety and Motor Vehicles to withhold

11  issuance of or suspend or revoke the person's driver's license

12  or driving privilege, as provided in s. 322.056.

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14  Any second or subsequent violation not within the 12-week time

15  period after the first violation is punishable as provided for

16  a first violation.

17         Section 4.  This act shall take effect July 1, 1999.

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20  ================ T I T L E   A M E N D M E N T ===============

21  And the title is amended as follows:

22         On page 1, lines 2-10,

23  remove from the title of the bill:  all of said lines

24

25  and insert in lieu thereof:

26         An act relating to the prevention of the sale

27         of alcohol and tobacco products to minors;

28         amending s. 562.11, F.S., relating to the

29         purchase of alcohol by minors; amending s.

30         562.45, F.S.; providing restrictions on

31         locations for on-premises consumption of

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                                                   HOUSE AMENDMENT

                                            Bill No. CS for SB 156

    Amendment No.     (for drafter's use only)





 1         alcoholic beverages; providing an exception for

 2         certain temporary permits; amending s. 569.11,

 3         F.S., relating to the purchase of tobacco

 4         products by minors; providing an effective

 5         date.

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