Senate Bill sb0224

    Florida Senate - 2002                                   SB 224

    By Senator Saunders





    25-174-02

  1                      A bill to be entitled

  2         An act relating to alcoholic beverages;

  3         amending s. 562.11, F.S.; requiring the posting

  4         of penalties relating to the purchase of

  5         alcoholic beverages by persons under 21 years

  6         of age; providing for license revocation or

  7         suspension for failure to comply with posting

  8         requirements; providing an effective date.

  9

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

11

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

13  Statutes, is amended to read:

14         562.11  Selling, giving, or serving alcoholic beverages

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

16  age of another to induce licensee to serve alcoholic beverages

17  to person under 21; penalties.--

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

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

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

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

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

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

24  alcoholic beverages.

25         (a)  Anyone convicted of violating the provisions of

26  this subsection is guilty of a misdemeanor of the second

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

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

29  such provisions shall be within the jurisdiction of the judge

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

31  delinquent according to law.

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






    Florida Senate - 2002                                   SB 224
    25-174-02




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

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

  3  license or identification card issued by the Department of

  4  Highway Safety and Motor Vehicles in violation of this

  5  subsection, the court:

  6         1.  May order the person to participate in public

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

  8  40 hours; and

  9         2.  Shall direct the Department of Highway Safety and

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

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

12  provided in s. 322.056.

13         (d)  The Division of Alcoholic Beverages and Tobacco

14  shall prepare and distribute, to each person licensed to sell

15  alcoholic beverages, posters containing a summary of this

16  subsection. The posters must emphasize all the penalties that

17  may be imposed for a violation of this subsection. Each

18  licensee shall place at least one of the posters in a

19  conspicuous place at each entrance to the licensed premises.

20  The division may suspend or revoke the license of any person

21  who fails to comply with this paragraph.

22         Section 2.  This act shall take effect July 1, 2002.

23

24            *****************************************

25                          SENATE SUMMARY

26    Directs the Division of Alcoholic Beverages and Tobacco
      to provide posters summarizing the penalties for the
27    purchase of alcoholic beverages by persons under 21 years
      of age. Provides for the suspension or revocation of a
28    license for failure to comply with posting requirements
      at licensed premises.
29

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