Senate Bill 0202c1

    Florida Senate - 1999                            CS for SB 202

    By the Committee on Regulated Industries and Senator Silver





    315-1888A-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         certain institutions; 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  postsecondary educational institution that is institutionally

25  accredited by an agency recognized by the United States

26  Department of Education and is licensed or exempt from

27  licensure by the State Board of Independent Colleges and

28  Universities or is licensed by the State Board of Nonpublic

29  Career Education; if the student is enrolled in the

30  institution and is required to taste alcoholic beverages that

31  are provided only for instructional purposes during classes

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






    Florida Senate - 1999                            CS for SB 202
    315-1888A-99




  1  conducted under the supervision of authorized instructional

  2  personnel pursuant to such a curriculum; if alcoholic

  3  beverages are never offered for consumption or imbibed by such

  4  a student and such alcoholic beverages at all times remain in

  5  the possession and control of such instructional personnel,

  6  who must be 21 years of age or older; and if the college

  7  indemnifies the state and causes each participating student to

  8  execute a waiver and consent in favor of, and indemnifies and

  9  holds harmless, the state.

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

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

12  subsection (2) is added to that 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 licensed or exempt from

23  licensure by the State Board of Independent Colleges and

24  Universities or is licensed by the State Board of Nonpublic

25  Career Education; if the student is enrolled in the

26  institution and is tasting the alcoholic beverages only for

27  instructional purposes during classes that are part of such a

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

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

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

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






    Florida Senate - 1999                            CS for SB 202
    315-1888A-99




  1  possession and control of authorized instructional personnel

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

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

  4

  5          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  6                              SB 202

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  8  Expands the types of institutions that may qualify for
    exemption from the beverage law to include private,
  9  postsecondary institutions that do not offer a baccalaureate
    degree.
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