House Bill 0673e1

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                                           HB 673, First Engrossed



  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; providing an exception for

  9         certain temporary permits; amending s. 569.11,

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

11         products by minors; providing an effective

12         date.

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

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

17  Statutes, is amended to read:

18         562.11  Selling, giving, or serving alcoholic beverages

19  to person under age 21; misrepresenting or misstating age or

20  age of another to induce licensee to serve alcoholic beverages

21  to person under 21; penalties.--

22         (2)  It is unlawful for any person to misrepresent or

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

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

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

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

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

28  alcoholic beverages.

29         (a)  Anyone convicted of violating the provisions of

30  this subsection is guilty of a misdemeanor of the second

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


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                                           HB 673, First Engrossed



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

  2  such provisions shall be within the jurisdiction of the judge

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

  4  delinquent according to law.

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

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

  7  license or identification card issued by the Department of

  8  Highway Safety and Motor Vehicles in violation of this

  9  subsection, the court:

10         1.  May order the person to participate in public

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

12  40 hours; and

13         2.  Shall direct the Department of Highway Safety and

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

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

16  provided in s. 322.056.

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

18  562.45, Florida Statutes, is amended to read:

19         562.45  Penalties for violating Beverage Law; local

20  ordinances; prohibiting regulation of certain activities or

21  business transactions; requiring nondiscriminatory treatment;

22  providing exceptions.--

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

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

25  or incorporated municipality of the state to enact ordinances

26  regulating the hours of business and location of place of

27  business, and prescribing sanitary regulations therefor, of

28  any licensee under the Beverage Law within the county or

29  corporate limits of such municipality. However, except for

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

31  locations that are licensed as restaurants, which derive at


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                                           HB 673, First Engrossed



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

  2  and nonalcoholic beverages, pursuant to chapter 509, a

  3  location for on-premises consumption of alcoholic beverages

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

  5  comprises a public or private elementary school, middle

  6  school, or secondary school unless the county or municipality

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

  8  and general welfare of the community under proceedings as

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

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

11  construed to prohibit the issuance of temporary permits to

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

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

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

15  licensee provides documentation of proper zoning from the

16  appropriate county or municipal zoning authorities.

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

18  Statutes, is amended to read:

19         569.11  Possession, misrepresenting age or military

20  service to purchase, and purchase of tobacco products by

21  persons under 18 years of age prohibited; penalties;

22  jurisdiction; disposition of fines.--

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

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

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

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

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

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

29  18 years of age who violates a provision of this subsection

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

31  punishable by:


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                                           HB 673, First Engrossed



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

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

  3  addition, the person must attend a school-approved

  4  anti-tobacco program, if available;

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

  6  first violation, a $25 fine; or

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

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

  9  Department of Highway Safety and Motor Vehicles to withhold

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

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

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

14  period after the first violation is punishable as provided for

15  a first violation.

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

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