Senate Bill 0234c1

    Florida Senate - 2000                            CS for SB 234

    By the Committee on Regulated Industries and Senator Silver





    315-874-00

  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 at least 18 years of age, if the alcoholic

23  beverage is delivered as part of the student's required

24  curriculum at a postsecondary educational institution that is

25  institutionally accredited by an agency recognized by the

26  United States Department of Education and is either licensed

27  or exempt from licensure by the State Board of Independent

28  Colleges and Universities or that is a public postsecondary

29  education institution; if the student is enrolled in the

30  college and is required to taste alcoholic beverages that are

31  provided only for instructional purposes during classes

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






    Florida Senate - 2000                            CS for SB 234
    315-874-00




  1  conducted under the supervision of authorized instructional

  2  personnel pursuant to such a curriculum; if the alcoholic

  3  beverages are never offered for consumption or imbibed by such

  4  a student and 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 each participating student executes a

  7  waiver and consent in favor of, and indemnifies and holds

  8  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 at least 18 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                            CS for SB 234
    315-874-00




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

  2

  3          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  4                         Senate Bill 234

  5

  6  The Committee Substitute for SB 234 clarifies that a student
    must be at least 18 years of age to participate in the
  7  programs outlined in the bill. It also deletes a provision
    requiring a state educational institution to execute a waiver
  8  and consent agreement in favor of the state due to such a
    provision's potential inconsistency with current state law.
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