Senate Bill sb1176

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                                  SB 1176

    By Senator Garcia





    39-769A-02                                          See HB 417

  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         specified 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 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 licensed or

27  exempt from licensure pursuant to chapter 246 or that is a

28  public postsecondary education institution; if the student is

29  enrolled in the college and is required to taste alcoholic

30  beverages that are provided only for instructional purposes

31  during classes conducted under the supervision of authorized

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






    Florida Senate - 2002                                  SB 1176
    39-769A-02                                          See HB 417




  1  instructional personnel pursuant to such a curriculum; if the

  2  alcoholic beverages are never offered for consumption or

  3  imbibed by such a student and at all times remain in the

  4  possession and control of such instructional personnel, who

  5  must be 21 years of age or older; and if each participating

  6  student executes a waiver and consent in favor of the state

  7  and indemnifies the state and holds it harmless.

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

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

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

11         562.111  Possession of alcoholic beverages by persons

12  under age 21 prohibited.--

13         (2)  The prohibition in this section against the

14  possession of alcoholic beverages does not apply to the

15  tasting of alcoholic beverages by a student who is at least 18

16  years of age, who is tasting the alcoholic beverages as part

17  of the student's required curriculum at a postsecondary

18  educational institution that is institutionally accredited by

19  an agency recognized by the United States Department of

20  Education and is licensed or exempt from licensure pursuant to

21  chapter 246 or that is a public postsecondary education

22  institution; if the student is enrolled in the college and is

23  tasting the alcoholic beverages only for instructional

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

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

26  imbibe, the alcoholic beverages; and if the alcoholic

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

28  authorized instructional personnel of the college who are 21

29  years of age or older.

30         Section 3.  This act shall take effect July 1, 2002.

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    Florida Senate - 2002                                  SB 1176
    39-769A-02                                          See HB 417




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  2                       LEGISLATIVE SUMMARY

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      Provides that a prohibition against the selling, giving,
  4    or serving of alcoholic beverages to persons under the
      age of 21 does not apply to a person who gives, serves,
  5    or permits to be served alcoholic beverages to a student
      who is at least 18 years of age, and is required to taste
  6    alcoholic beverages only for instructional purposes as a
      part of the student's required curriculum at a described
  7    postsecondary educational institution if the alcoholic
      beverages are never offered for consumption or imbibed by
  8    such student and at all times remain in the possession
      and control of instructional personnel. Provides an
  9    exemption for the possession of alcoholic beverages by
      such underage students. (See bill for details.)
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CODING: Words stricken are deletions; words underlined are additions.