HB 1377 2003
1	CHAMBER ACTION
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6	The Committee on Business Regulation recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to the Beverage Law; amending s. 561.19,
12	F.S.; providing procedures for issuance of a license that
13	becomes available because of a revocation; amending s.
14	561.422, F.S.; revising requirements for issuance of a
15	temporary permit to certain civic organizations; requiring
16	presentation of building and zoning permit; requiring net
17	profits be retained by the civic organization; amending s.
18	561.65, F.S.; revising procedures for enforcement of a
19	lien against certain revoked or suspended licenses;
20	prohibiting reissuance of such license for a certain time
21	period or until enforcement is final; amending s. 562.11,
22	F.S.; providing a popular name; prohibiting the service of
23	alcoholic beverages to any minor employed by a licensed
24	vendor; providing a penalty; reenacting s. 561.706(3),
25	F.S., for the purpose of incorporating the amendment to s.
26	562.11, F.S., in a reference thereto; providing an
27	effective date.
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29	Be It Enacted by the Legislature of the State of Florida:
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31	Section 1. Paragraph (a) of subsection (2) of section
32	561.19, Florida Statutes, is amended to read:
33	561.19 License issuance upon approval of division.--
34	(2)(a) When beverage licenses become available by reason
35	of an increase in the population of a county,orby reason of a
36	county permitting the sale of intoxicating beverages when such
37	sale had been prohibited, or by reason of revocation of a quota
38	license occurring after July 1, 2003, the division, if there are
39	more applicants than the number of available licenses, shall
40	provide a method of double random selection by public drawing to
41	determine which applicants shall be considered for issuance of
42	licenses. The double random selection drawing method shall allow
43	each applicant whose application is complete and does not
44	disclose on its face any matter rendering the applicant
45	ineligible an equal opportunity of obtaining an available
46	license. After all applications are filed with the director, the
47	director shall then determine by random selection drawing the
48	order in which each applicant's name shall be matched with a
49	number selected by random drawing, and that number shall
50	determine the order in which the applicant will be considered
51	for a license.
52	Section 2. Section 561.422, Florida Statutes, is amended
53	to read:
54	561.422 Nonprofit civic organizations; temporary
55	permits.--Upon the filing of an application, presentation of a
56	local building and zoning permit,and payment of a fee of $25
57	per permit, the director of the division may issue a permit
58	authorizing a bona fide nonprofit civic organization to sell
59	alcoholic beverages for consumption on the premises only, for a
60	period not to exceed 3 days, subject to any state law or
61	municipal or county ordinance regulating the time for selling
62	such beverages. All net profits from sales of alcoholic
63	beverages collected during the permit period must be retained by
64	the nonprofit civic organization.Any such civic organization
65	may be issued only three such permits per calendar year.
66	Notwithstanding other provisions of the Beverage Law, any civic
67	organization licensed under this section may purchase alcoholic
68	beverages from a distributor or vendor licensed under the
69	Beverage Law.
70	Section 3. Subsection (1) of section 561.65, Florida
71	Statutes, is amended to read:
72	561.65 Mortgagee's interest in license.--
73	(1) Any person holding a bona fide mortgage or lien or
74	security interest in a spirituous alcoholic beverage license in
75	this state shall have the right to enforcement of a lien against
76	that license within 18012days after any order of revocation or
77	suspension by an administrative officer or department of the
78	government for a cause or causes of which the lienholder did not
79	have knowledge or in which he or she did not participate. The
80	division is required to notify any lienholder properly filing
81	pursuant to subsection (4) of a pending revocation or
82	suspension. No revoked quota beverage license encumbered by a
83	lien or security interest, perfected in accordance with this
84	section, shall be issued in accordance with s. 561.19(2) until
85	the 180-day period has elapsed or until such enforcement
86	proceeding is final.Liens or security interests in spirituous
87	alcoholic beverage licenses existing prior to July 1, 1981,
88	shall not be affected by the provisions of this section.
89	Section 4. Subsection (1) of section 562.11, Florida
90	Statutes, is amended to read:
91	562.11 Selling, giving, or serving alcoholic beverages to
92	person under age 21; employee under age 21;misrepresenting or
93	misstating age or age of another to induce licensee to serve
94	alcoholic beverages to person under 21; penalties.--
95	(1)(a) It is unlawful for any person to sell, give, serve,
96	or permit to be served alcoholic beverages to a person under 21
97	years of age or to permit a person under 21 years of age to
98	consume such beverages on the licensed premises. Anyone
99	convicted of violation of the provisions hereof is guilty of a
100	misdemeanor of the second degree, punishable as provided in s.
101	775.082 or s. 775.083.
102	(b)1. Popular name.--This paragraph shall be known as the
103	"Christopher Fugate Act."
104	2. Employee under age 21; prohibition.--A licensee or his
105	or her or its agents, officers, servants, or employees may not
106	provide alcoholic beverages to a person younger than 21 years of
107	age who is employed by the licensee, except as authorized
108	pursuant to s. 562.111 or s. 562.13, and may not permit a person
109	younger than 21 years of age who is employed by the licensee to
110	consume alcoholic beverages on the licensed premises or
111	elsewhere while in the scope of employment.
112	3. Penalty.--A licensee or his or her or its agent,
113	officer, servant, or employee who violates this paragraph
114	commits a misdemeanor of the first degree, punishable as
115	provided in s. 775.082 or s. 775.083.
116	(c)(b)A licensee who violates paragraph (a) shall have a
117	complete defense to any civil action therefor, except for any
118	administrative action by the division under the Beverage Law,
119	if, at the time the alcoholic beverage was sold, given, served,
120	or permitted to be served, the person falsely evidenced that he
121	or she was of legal age to purchase or consume the alcoholic
122	beverage and the appearance of the person was such that an
123	ordinarily prudent person would believe him or her to be of
124	legal age to purchase or consume the alcoholic beverage and if
125	the licensee carefully checked one of the following forms of
126	identification with respect to the person: a driver's license,
127	an identification card issued under the provisions of s. 322.051
128	or, if the person is physically handicapped as defined in s.
129	553.45(1), a comparable identification card issued by another
130	state which indicates the person's age, a passport, or a United
131	States Uniformed Services identification card, and acted in good
132	faith and in reliance upon the representation and appearance of
133	the person in the belief that he or she was of legal age to
134	purchase or consume the alcoholic beverage. Nothing herein shall
135	negate any cause of action which arose prior to June 2, 1978.
136	Section 5. For the purpose of incorporating the amendment
137	to section 562.11, Florida Statutes, in a reference thereto,
138	subsection (3) of section 561.706, Florida Statutes, is
139	reenacted to read:
140	561.706 Exemption from license suspension or revocation;
141	mitigation for certain beverage law violations; records of
142	arrests.--
143	(3) The division shall maintain a record of each arrest of
144	a vendor or an employee for a violation of s. 562.11, and shall
145	ascertain at the time of the arrest whether the vendor has
146	provided training for its employees as provided in s. 561.705 or
147	pursuant to any other program instituted by the vendor. In
148	compiling the record of arrests, the division shall determine if
149	the vendor trained its employees as provided in s. 561.705,
150	pursuant to any other training program, or did not train its
151	employees in a manner similar to the provisions of s. 561.705.
152	The records may be examined by any interested person.
153	Section 6. This act shall take effect July 1, 2003.