Senate Bill 0156c1

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



    Florida Senate - 1999                            CS for SB 156

    By the Committee on Comprehensive Planning, Local and Military
    Affairs; and Senator Hargrett




    316-1632-99

  1                      A bill to be entitled

  2         An act relating to the prevention of the sale

  3         of alcohol and tobacco products to minors;

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

  5         purchase of alcohol by minors; amending s.

  6         562.45, F.S.; providing restrictions on

  7         locations for on-premises consumption of

  8         alcoholic beverages; amending s. 569.11, F.S.,

  9         relating to the purchase of tobacco products by

10         minors; providing an effective date.

11

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

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

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

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

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

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

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

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

26  alcoholic beverages.

27         (a)  Anyone convicted of violating the provisions of

28  this subsection is guilty of a misdemeanor of the second

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

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

31  such provisions shall be within the jurisdiction of the judge

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    Florida Senate - 1999                            CS for SB 156
    316-1632-99




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

  2  delinquent according to law.

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

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

  5  license or identification card issued by the Department of

  6  Highway Safety and Motor Vehicles in violation of this

  7  subsection, the court:

  8         1.  May order the person to participate in public

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

10  40 hours; and

11         2.  Shall direct the Department of Highway Safety and

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

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

14  provided in s. 322.056.

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

16  562.45, Florida Statutes, is amended to read:

17         562.45  Penalties for violating Beverage Law; local

18  ordinances; prohibiting regulation of certain activities or

19  business transactions; requiring nondiscriminatory treatment;

20  providing exceptions.--

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

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

23  or incorporated municipality of the state to enact ordinances

24  regulating the hours of business and location of place of

25  business, and prescribing sanitary regulations therefor, of

26  any licensee under the Beverage Law within the county or

27  corporate limits of such municipality. However, except for

28  premises licensed on or before July 1, 1999, a location for

29  on-premises consumption of alcoholic beverages may not be

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

31  public or private elementary school, middle school, or

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    Florida Senate - 1999                            CS for SB 156
    316-1632-99




  1  secondary school unless the county or municipality approves

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

  3  general welfare of the community under proceedings as provided

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

  5  municipalities. The division may not issue a change in the

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

  7  location unless the licensee provides documentation of proper

  8  zoning from the appropriate county or municipal zoning

  9  authorities.

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

11  Statutes, is amended to read:

12         569.11  Possession, misrepresenting age or military

13  service to purchase, and purchase of tobacco products by

14  persons under 18 years of age prohibited; penalties;

15  jurisdiction; disposition of fines.--

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

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

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

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

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

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

22  18 years of age who violates a provision of this subsection

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

24  punishable by:

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

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

27  addition, the person must attend a school-approved

28  anti-tobacco program, if available;

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

30  first violation, a $25 fine; or

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    Florida Senate - 1999                            CS for SB 156
    316-1632-99




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

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

  3  Department of Highway Safety and Motor Vehicles to withhold

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

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

  6

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

  8  period after the first violation is punishable as provided for

  9  a first violation.

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

11

12          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
13                         Senate Bill 156

14

15  Requires a local government which creates an exception to the
    prohibition against on-premises consumption of alcoholic
16  beverages within 500 feet of a school to adopt the exception
    following the enactment procedures for the adoption of zoning
17  ordinances by counties and municipalities.

18  Creates a second degree misdemeanor for a person under 21
    years of age to purchase or attempt to purchase alcoholic
19  beverages.

20  Creates a noncriminal infraction for a person under 18 years
    of age to attempt to purchase any tobacco product from a
21  person or a vending machine.

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