Senate Bill 0234

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



    Florida Senate - 2000                                   SB 234

    By Senator Silver





    38-221-00                                             See HB 5

  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 that 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 Senate - 2000                                   SB 234
    38-221-00                                             See HB 5




  1  supervision of authorized instructional personnel pursuant to

  2  such a curriculum; if the alcoholic beverages are never

  3  offered for consumption or imbibed by such a student and at

  4  all times remain in the possession and control of such

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

  6  and if the college indemnifies the state and causes each

  7  participating student to execute a waiver and consent in favor

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

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

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

11  subsection (2) is added to that section to read:

12         562.111  Possession of alcoholic beverages by persons

13  under age 21 prohibited.--

14         (2)  The prohibition against the possession of

15  alcoholic beverages which is set forth in this section does

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

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

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

19  postsecondary educational institution that is institutionally

20  accredited by an agency recognized by the United States

21  Department of Education and is either licensed or exempt from

22  licensure by the State Board of Independent Colleges and

23  Universities or that is a public postsecondary education

24  institution, if the student is enrolled in the college and is

25  tasting the alcoholic beverages only for instructional

26  purposes during classes that are part of such a curriculum; if

27  the student is allowed only to taste, but not consume or

28  imbibe, the alcoholic beverages; and if the alcoholic

29  beverages at all times remain in the possession and control of

30  authorized instructional personnel of the college, who must be

31  21 years of age or older.

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






    Florida Senate - 2000                                   SB 234
    38-221-00                                             See HB 5




  1         Section 3.  This act shall take effect July 1, 2000.

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  4                       LEGISLATIVE SUMMARY

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      Provides that a prohibition against the selling, giving,
  6    or serving of alcoholic beverages to persons under the
      age of 21 does not apply to a person who gives, serves,
  7    or permits to be served alcoholic beverages to a student
      who is over 17 years of age, if the alcoholic beverage is
  8    delivered as a part of the student's required curriculum
      at a described postsecondary educational institution.
  9    Provides an exemption for the possession of alcoholic
      beverages by such underage students. (See bill for
10    details.)

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