Senate Bill sb2520c2

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    Florida Senate - 2003                    CS for CS for SB 2520

    By the Committees on Commerce, Economic Opportunities, and
    Consumer Services; Regulated Industries; and Senator Diaz de
    la Portilla



    310-2476-03

  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

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    Florida Senate - 2003                    CS for CS for SB 2520
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 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

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    Florida Senate - 2003                    CS for CS for SB 2520
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 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.  Subsections (1) and (3) of section 561.65,

12  Florida Statutes, are 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  

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    Florida Senate - 2003                    CS for CS for SB 2520
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 1         (3)  If any such bona fide mortgagee or lienholder

 2  serves notice in writing on the division of the extension of

 3  such lien and accompanies that notice with the payment of the

 4  fee set forth in subsection (4) to the division, which money

 5  shall be used by the division to defray the costs of providing

 6  this service, then such lienholder shall be notified in

 7  writing of the filing of an order to show cause as to why the

 8  license should not be suspended and revoked; and also the

 9  lienholder shall be furnished a copy of any order of

10  suspension or revocation. In this event, the 180 12 days

11  within which to file for the enforcement of the lien by the

12  lienholder shall commence running from the date of the mailing

13  of the copy of the order of revocation or suspension.

14         Section 4.  Section 562.11, Florida Statutes, is

15  amended to read:

16         562.11  Selling, giving, or serving alcoholic beverages

17  to person under age 21; providing a proper name;

18  misrepresenting or misstating age or age of another to induce

19  licensee to serve alcoholic beverages to person under 21;

20  penalties.--

21         (1)(a)  It is unlawful for any person to sell, give,

22  serve, or permit to be served alcoholic beverages to a person

23  under 21 years of age or to permit a person under 21 years of

24  age to consume such beverages on the licensed premises.

25  Anyone convicted of violation of the provisions hereof is

26  guilty of a misdemeanor of the second degree, punishable as

27  provided in s. 775.082 or s. 775.083.

28         (b)  A licensee or his or her or its agents, officers,

29  servants, or employees, may not provide alcoholic beverages to

30  a person younger than 21 years of age who is employed by the

31  licensee except as authorized pursuant to s. 562.111 or s.

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    Florida Senate - 2003                    CS for CS for SB 2520
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 1  562.13, and may not permit a person younger than 21 years of

 2  age who is employed by the licensee to consume alcoholic

 3  beverages on the licensed premises or elsewhere while in the

 4  scope of employment. A licensee, or his or her or its agents,

 5  officers, servants, or employees, who violates this paragraph

 6  commits a misdemeanor of the first degree, punishable as

 7  provided in s. 775.082 or s. 775.083. This paragraph may be

 8  cited as "the Christopher Fugate Act."

 9         (c)(b)  A licensee who violates paragraph (a) shall

10  have a complete defense to any civil action therefor, except

11  for any administrative action by the division under the

12  Beverage Law, if, at the time the alcoholic beverage was sold,

13  given, served, or permitted to be served, the person falsely

14  evidenced that he or she was of legal age to purchase or

15  consume the alcoholic beverage and the appearance of the

16  person was such that an ordinarily prudent person would

17  believe him or her to be of legal age to purchase or consume

18  the alcoholic beverage and if the licensee carefully checked

19  one of the following forms of identification with respect to

20  the person:  a driver's license, an identification card issued

21  under the provisions of s. 322.051 or, if the person is

22  physically handicapped as defined in s. 553.45(1), a

23  comparable identification card issued by another state which

24  indicates the person's age, a passport, or a United States

25  Uniformed Services identification card, and acted in good

26  faith and in reliance upon the representation and appearance

27  of the person in the belief that he or she was of legal age to

28  purchase or consume the alcoholic beverage. Nothing herein

29  shall negate any cause of action which arose prior to June 2,

30  1978.

31  

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

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

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

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

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

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

 7  alcoholic beverages.

 8         (a)  Anyone convicted of violating the provisions of

 9  this subsection is guilty of a misdemeanor of the second

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

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

12  such provisions shall be within the jurisdiction of the judge

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

14  delinquent according to law.

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

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

17  license or identification card issued by the Department of

18  Highway Safety and Motor Vehicles in violation of this

19  subsection, the court:

20         1.  May order the person to participate in public

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

22  40 hours; and

23         2.  Shall direct the Department of Highway Safety and

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

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

26  provided in s. 322.056.

27         (3)  Any person under the age of 21 years testifying in

28  any criminal prosecution or in any hearing before the division

29  involving the violation by any other person of the provisions

30  of this section may, at the discretion of the prosecuting

31  officer, be given full and complete immunity from prosecution

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    Florida Senate - 2003                    CS for CS for SB 2520
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 1  for any violation of law revealed in such testimony that may

 2  be or may tend to be self-incriminating, and any such person

 3  under 21 years of age so testifying, whether under subpoena or

 4  otherwise, shall be compelled to give any such testimony in

 5  such prosecution or hearing for which immunity from

 6  prosecution therefor is given.

 7         (4)  This section does not apply to a person who gives,

 8  serves, or permits to be served an alcoholic beverage to a

 9  student who is at least 18 years of age, if the alcoholic

10  beverage is delivered as part of the student's required

11  curriculum at a postsecondary educational institution that is

12  institutionally accredited by an agency recognized by the

13  United States Department of Education and is licensed or

14  exempt from licensure pursuant to the provisions of chapter

15  1005 or that is a public postsecondary education institution;

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

17  taste alcoholic beverages that are provided only for

18  instructional purposes during classes conducted under the

19  supervision of authorized instructional personnel pursuant to

20  such a curriculum; if the alcoholic beverages are never

21  offered for consumption or imbibed by such a student and at

22  all times remain in the possession and control of such

23  instructional personnel, who must be 21 years of age or older;

24  and if each participating student executes a waiver and

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

26  holds it harmless.

27         Section 5.  For purposes of incorporating the amendment

28  to section 562.11, Florida Statutes, in a reference thereto,

29  subsection (3) of section 561.706, Florida Statutes, is

30  reenacted to read:

31  

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    Florida Senate - 2003                    CS for CS for SB 2520
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 1         561.706  Exemption from license suspension or

 2  revocation; mitigation for certain beverage law violations;

 3  records of arrests.--

 4         (3)  The division shall maintain a record of each

 5  arrest of a vendor or an employee for a violation of s.

 6  562.11, and shall ascertain at the time of the arrest whether

 7  the vendor has provided training for its employees as provided

 8  in s. 561.705 or pursuant to any other program instituted by

 9  the vendor. In compiling the record of arrests, the division

10  shall determine if the vendor trained its employees as

11  provided in s. 561.705, pursuant to any other training

12  program, or did not train its employees in a manner similar to

13  the provisions of s. 561.705. The records may be examined by

14  any interested person.

15         Section 6.  This act shall take effect July 1, 2003.

16  

17          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
18                            CS/SB 2520

19                                 

20  The committee substitute clarifies that the extension in CS/SB
    2520 of the period for a lienholder to enforce a lien or
21  security interest in an alcoholic beverage license from 12
    days to 180 days after an order of suspension or revocation is
22  filed commences on the date the Division of Alcoholic
    Beverages and Tobacco of the Department of Business and
23  Professional Regulation mails notice to the lienholder of the
    order suspending or revoking the license.
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