Senate Bill sb1176c1

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    Florida Senate - 2002                           CS for SB 1176

    By the Committee on Education; and Senator Garcia





    304-1846-02

  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 accredited institutions; 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 licensed or

27  exempt from licensure pursuant to the provisions of chapter

28  246 or that is a public postsecondary education institution;

29  if the student is enrolled in the college and is required to

30  taste alcoholic beverages that are provided only for

31  instructional purposes during classes conducted under the

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    Florida Senate - 2002                           CS for SB 1176
    304-1846-02




  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 each participating student executes a waiver and

  7  consent in favor of the state and indemnifies the state and

  8  holds it harmless.

  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 in this section against the

15  possession of alcoholic beverages does not apply to the

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

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

18  of the student's required curriculum at a postsecondary

19  educational institution that is institutionally accredited by

20  an agency recognized by the United States Department of

21  Education and that is licensed or exempt from licensure

22  pursuant to chapter 246 or is a public postsecondary education

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

24  tasting the alcoholic beverages only for instructional

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

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

27  imbibe, the alcoholic beverages; and if the alcoholic

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

29  authorized instructional personnel of the college who are 21

30  years of age or older.

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

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    Florida Senate - 2002                           CS for SB 1176
    304-1846-02




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1176

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  4  Technical changes to clarify the purpose and intent of the
    bill.
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