Senate Bill sb2520c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2520
By the Committee on Regulated Industries; and Senator Diaz de
la Portilla
315-2306-03
1 A bill to be entitled
2 An act relating to the Beverage Law; amending
3 s. 561.19, F.S.; providing procedures for
4 issuance of a license that becomes available
5 because of a revocation; amending s. 561.422,
6 F.S.; revising requirements for issuance of a
7 temporary permit to certain civic
8 organizations; requiring presentation of
9 building and zoning permit; requiring net
10 profits to be retained by the civic
11 organization; amending s. 561.65, F.S.;
12 providing procedures for enforcement of a
13 perfected security interest in a quota license
14 prior to reissuance of the quota license;
15 amending s. 562.11, F.S., providing a popular
16 name; prohibiting the service of alcoholic
17 beverages to any minor employed by a licensed
18 vendor; providing a penalty; reenacting s.
19 561.706, F.S., for the purpose of incorporating
20 the amendment to s. 562.11, F.S., in reference
21 thereto; providing an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Paragraph (a) of subsection (2) of section
26 561.19, Florida Statutes, is amended to read:
27 561.19 License issuance upon approval of division.--
28 (2)(a) When beverage licenses become available by
29 reason of an increase in the population of a county, or by
30 reason of a county permitting the sale of intoxicating
31 beverages when such sale had been prohibited, or by reason of
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2520
315-2306-03
1 the revocation of a quota beverage license, the division, if
2 there are more applicants than the number of available
3 licenses, shall provide a method of double random selection by
4 public drawing to determine which applicants shall be
5 considered for issuance of licenses. The double random
6 selection drawing method shall allow each applicant whose
7 application is complete and does not disclose on its face any
8 matter rendering the applicant ineligible an equal opportunity
9 of obtaining an available license. After all applications are
10 filed with the director, the director shall then determine by
11 random selection drawing the order in which each applicant's
12 name shall be matched with a number selected by random
13 drawing, and that number shall determine the order in which
14 the applicant will be considered for a license. This paragraph
15 does not prohibit a person holding a perfected lien or
16 security interest in a quota alcoholic beverage license, in
17 accordance with s. 561.65, from enforcing the lien or security
18 interest against the license within 180 days after a final
19 order of revocation or suspension. A revoked quota alcoholic
20 beverage license encumbered by a lien or security interest,
21 perfected pursuant to s. 561.65, may not be issued under this
22 subsection until the 180-day period has elapsed or until such
23 enforcement proceeding is final.
24 Section 2. Section 561.422, Florida Statutes, is
25 amended to read:
26 561.422 Nonprofit civic organizations; temporary
27 permits.--Upon the filing of an application, presentation of a
28 local building and zoning permit, and payment of a fee of $25
29 per permit, the director of the division may issue a permit
30 authorizing a bona fide nonprofit civic organization to sell
31 alcoholic beverages for consumption on the premises only, for
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2520
315-2306-03
1 a period not to exceed 3 days, subject to any state law or
2 municipal or county ordinance regulating the time for selling
3 such beverages. All net profits from sales of alcoholic
4 beverages collected during the permit period must be retained
5 by the nonprofit civic organization. Any such civic
6 organization may be issued only three such permits per
7 calendar year. Notwithstanding other provisions of the
8 Beverage Law, any civic organization licensed under this
9 section may purchase alcoholic beverages from a distributor or
10 vendor licensed under the Beverage Law.
11 Section 3. Subsection (1) of section 561.65, Florida
12 Statutes, is amended to read:
13 561.65 Mortgagee's interest in license.--
14 (1) Any person holding a bona fide mortgage or lien or
15 security interest in a spirituous alcoholic beverage license
16 in this state shall have the right to enforcement of a lien
17 against that license within 180 12 days after any order of
18 revocation or suspension by an administrative officer or
19 department of the government for a cause or causes of which
20 the lienholder did not have knowledge or in which he or she
21 did not participate. The division is required to notify any
22 lienholder properly filing pursuant to subsection (4) of a
23 pending revocation or suspension. No revoked quota beverage
24 license encumbered by a lien or security interest perfected in
25 accordance with this section shall be issued in accordance
26 with s. 561.19(2) until the 180-day period has elapsed or
27 until such enforcement proceeding is final. Liens or security
28 interests in spirituous alcoholic beverage licenses existing
29 prior to July 1, 1981, shall not be affected by the provisions
30 of this section.
31
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2520
315-2306-03
1 Section 4. Section 562.11, Florida Statutes, is
2 amended to read:
3 562.11 Selling, giving, or serving alcoholic beverages
4 to person under age 21; providing a proper name;
5 misrepresenting or misstating age or age of another to induce
6 licensee to serve alcoholic beverages to person under 21;
7 penalties.--
8 (1)(a) It is unlawful for any person to sell, give,
9 serve, or permit to be served alcoholic beverages to a person
10 under 21 years of age or to permit a person under 21 years of
11 age to consume such beverages on the licensed premises.
12 Anyone convicted of violation of the provisions hereof is
13 guilty of a misdemeanor of the second degree, punishable as
14 provided in s. 775.082 or s. 775.083.
15 (b) A licensee or his or her or its agents, officers,
16 servants, or employees, may not provide alcoholic beverages to
17 a person younger than 21 years of age who is employed by the
18 licensee except as authorized pursuant to s. 562.111 or s.
19 562.13, and may not permit a person younger than 21 years of
20 age who is employed by the licensee to consume alcoholic
21 beverages on the licensed premises or elsewhere while in the
22 scope of employment. A licensee, or his or her or its agents,
23 officers, servants, or employees, who violates this paragraph
24 commits a misdemeanor of the first degree, punishable as
25 provided in s. 775.082 or s. 775.083. This paragraph may be
26 cited as "the Christopher Fugate Act."
27 (c)(b) A licensee who violates paragraph (a) shall
28 have a complete defense to any civil action therefor, except
29 for any administrative action by the division under the
30 Beverage Law, if, at the time the alcoholic beverage was sold,
31 given, served, or permitted to be served, the person falsely
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2520
315-2306-03
1 evidenced that he or she was of legal age to purchase or
2 consume the alcoholic beverage and the appearance of the
3 person was such that an ordinarily prudent person would
4 believe him or her to be of legal age to purchase or consume
5 the alcoholic beverage and if the licensee carefully checked
6 one of the following forms of identification with respect to
7 the person: a driver's license, an identification card issued
8 under the provisions of s. 322.051 or, if the person is
9 physically handicapped as defined in s. 553.45(1), a
10 comparable identification card issued by another state which
11 indicates the person's age, a passport, or a United States
12 Uniformed Services identification card, and acted in good
13 faith and in reliance upon the representation and appearance
14 of the person in the belief that he or she was of legal age to
15 purchase or consume the alcoholic beverage. Nothing herein
16 shall negate any cause of action which arose prior to June 2,
17 1978.
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.
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2520
315-2306-03
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 (3) Any person under the age of 21 years testifying in
14 any criminal prosecution or in any hearing before the division
15 involving the violation by any other person of the provisions
16 of this section may, at the discretion of the prosecuting
17 officer, be given full and complete immunity from prosecution
18 for any violation of law revealed in such testimony that may
19 be or may tend to be self-incriminating, and any such person
20 under 21 years of age so testifying, whether under subpoena or
21 otherwise, shall be compelled to give any such testimony in
22 such prosecution or hearing for which immunity from
23 prosecution therefor is given.
24 (4) This section does not apply to a person who gives,
25 serves, or permits to be served an alcoholic beverage to a
26 student who is at least 18 years of age, if the alcoholic
27 beverage is delivered as part of the student's required
28 curriculum at a postsecondary educational institution that is
29 institutionally accredited by an agency recognized by the
30 United States Department of Education and is licensed or
31 exempt from licensure pursuant to the provisions of chapter
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2520
315-2306-03
1 1005 or that is a public postsecondary education institution;
2 if the student is enrolled in the college and is required to
3 taste alcoholic beverages that are provided only for
4 instructional purposes during classes conducted under the
5 supervision of authorized instructional personnel pursuant to
6 such a curriculum; if the alcoholic beverages are never
7 offered for consumption or imbibed by such a student and at
8 all times remain in the possession and control of such
9 instructional personnel, who must be 21 years of age or older;
10 and if each participating student executes a waiver and
11 consent in favor of the state and indemnifies the state and
12 holds it harmless.
13 Section 5. For purposes of incorporating the amendment
14 to section 562.11, Florida Statutes, in a reference thereto,
15 subsection (3) of section 561.706, Florida Statutes, is
16 reenacted to read:
17 561.706 Exemption from license suspension or
18 revocation; mitigation for certain beverage law violations;
19 records of arrests.--
20 (3) The division shall maintain a record of each
21 arrest of a vendor or an employee for a violation of s.
22 562.11, and shall ascertain at the time of the arrest whether
23 the vendor has provided training for its employees as provided
24 in s. 561.705 or pursuant to any other program instituted by
25 the vendor. In compiling the record of arrests, the division
26 shall determine if the vendor trained its employees as
27 provided in s. 561.705, pursuant to any other training
28 program, or did not train its employees in a manner similar to
29 the provisions of s. 561.705. The records may be examined by
30 any interested person.
31 Section 6. This act shall take effect July 1, 2003.
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2520
315-2306-03
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 SB 2520
3
4 The committee substitute amends s. 561.65(1), F.S., to extend
the period of time for enforcement of a lien or security
5 interest on a revoked or suspended alcoholic beverage license
from 12 days to 180 days. It prohibits an alcoholic beverages
6 licensee or the agents, officers, servants and employees of a
licensee from providing an alcoholic beverage to a person
7 younger than 21 years of age who is employed by the licensee.
It reenacts s. 561.706, F.S. It adds the requirement that
8 nonprofit civic organizations must present a building permit
and zoning permit upon the filing of an application to sell
9 alcoholic beverages for consumption on the premises.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
8
CODING: Words stricken are deletions; words underlined are additions.