House Bill 0165c1

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






    Florida House of Representatives - 1999              CS/HB 165

        By the Committee on Regulated Services and Representatives
    Heyman and Levine





  1                      A bill to be entitled

  2         An act relating to the Beverage Law; amending

  3         ss. 562.11 and 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 institution; providing an

  8         exemption for the possession of alcoholic

  9         beverages by underage students in specified

10         circumstances; 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 over 17 years of age, if the alcoholic beverage

23  is delivered as part of the student's required curriculum at a

24  postsecondary educational institution that is institutionally

25  accredited by an agency recognized by the United States

26  Department of Education and is either licensed or exempt from

27  licensure by the State Board of Independent Colleges and

28  Universities or is a public postsecondary education

29  institution; if the student is enrolled in the college and is

30  required to taste alcoholic beverages that are provided only

31  for instructional purposes during classes conducted under the

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






    Florida House of Representatives - 1999              CS/HB 165

    615-116-99






  1  supervision of authorized instructional personnel pursuant to

  2  such a curriculum; if alcoholic beverages are never offered

  3  for consumption or imbibed by such a student and such

  4  alcoholic beverages at all times remain in the possession and

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

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

  7  causes each participating student to execute a waiver and

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

  9  state.

10         Section 2.  Subsection (2) of section 562.111, Florida

11  Statutes, is renumbered as subsection (3), and a new

12  subsection (2) is added to said section to read:

13         562.111  Possession of alcoholic beverages by persons

14  under age 21 prohibited.--

15         (2)  The prohibition against the possession of

16  alcoholic beverages which is set forth in this section does

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

18  who is over 17 years of age, who is tasting the alcoholic

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

20  postsecondary educational institution that is institutionally

21  accredited by an agency recognized by the United States

22  Department of Education and is either licensed or exempt from

23  licensure by the State Board of Independent Colleges and

24  Universities or is a public postsecondary education

25  institution; if the student is enrolled in the college and is

26  tasting the alcoholic beverages only for instructional

27  purposes during classes that are part of such a curriculum,

28  provided that such a student shall only be allowed to taste,

29  but not consume or imbibe, such alcoholic beverages and that

30  such alcoholic beverages at all times remain in the possession

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






    Florida House of Representatives - 1999              CS/HB 165

    615-116-99






  1  and control of authorized instructional personnel of the

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

  3         Section 3.  This act shall take effect July 1, 1999.

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