Senate Bill 0202

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    Florida Senate - 1999                                   SB 202

    By Senator Silver





    38-369-99

  1                      A bill to be entitled

  2         An act relating to the Beverage Law; amending

  3         ss. 562.11, 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 college; providing an exemption

  8         for the possession of alcoholic beverages by

  9         underage students in specified circumstances;

10         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  college that offers at least a baccalaureate degree and is

25  accredited by one of the six regional accreditation boards

26  recognized by the Department of Education; if the student is

27  enrolled in the college and is required to taste alcoholic

28  beverages that are provided only for instructional purposes

29  during classes conducted under the supervision of authorized

30  instructional personnel pursuant to such a curriculum; if

31  alcoholic beverages are never offered for consumption or

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    Florida Senate - 1999                                   SB 202
    38-369-99




  1  imbibed by such a student and such alcoholic beverages at all

  2  times remain in the possession and control of such

  3  instructional personnel, who must be 21 years of age or older;

  4  and if the college indemnifies the state and causes each

  5  participating student to execute a waiver and consent in favor

  6  of, and indemnifies and holds harmless, the state.

  7         Section 2.  Present subsection (2) of section 562.111,

  8  Florida Statutes, is redesignated as subsection (3), and a new

  9  subsection (2) is added to that section, to read:

10         562.111  Possession of alcoholic beverages by persons

11  under age 21 prohibited.--

12         (2)  The prohibition against the possession of

13  alcoholic beverages which is set forth in this section does

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

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

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

17  college that offers at least a baccalaureate degree and is

18  accredited by one of the six regional accreditation boards

19  recognized by the Department of Education, and who is enrolled

20  in the college and is tasting the alcoholic beverages only for

21  instructional purposes during classes that are part of such a

22  curriculum, provided that such a student shall only be allowed

23  to taste, but not consume or imbibe, such alcoholic beverages

24  and that such alcoholic beverages at all times remain in the

25  possession and control of authorized instructional personnel

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

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

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    Florida Senate - 1999                                   SB 202
    38-369-99




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  2                          SENATE SUMMARY

  3    Provides an exemption from the Beverage Law for giving or
      serving to certain underage students alcoholic beverages
  4    that are delivered as part of a required curriculum at an
      accredited college. Provides an exemption for the
  5    possession of alcoholic beverages by underage students in
      specified circumstances.
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