House Bill hb0417c1
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Florida House of Representatives - 2002 CS/HB 417
By the Committee on Colleges & Universities and
Representatives Prieguez and Heyman
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.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
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 House of Representatives - 2002 CS/HB 417
184-311-02
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 said 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 the provisions of chapter 246 or is a public
23 postsecondary education institution; if the student is
24 enrolled in the college and is tasting the alcoholic beverages
25 only for instructional purposes during classes that are part
26 of such a curriculum; if the student is allowed only to taste,
27 but not consume or imbibe, the alcoholic beverages; and if the
28 alcoholic beverages at all times remain in the possession and
29 control of authorized instructional personnel of the college
30 who are 21 years of age or older.
31 Section 3. This act shall take effect July 1, 2002.
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