Senate Bill sb0326c2

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    Florida Senate - 2003                     CS for CS for SB 326

    By the Committees on Judiciary; Regulated Industries; and
    Senator Smith




    308-2384-03

  1                      A bill to be entitled

  2         An act relating to alcoholic beverages;

  3         amending s. 562.11, F.S.; prohibiting a person

  4         licensed under the Beverage Law, or an agent,

  5         officer, or employee of such person, from

  6         providing alcoholic beverages to an underage

  7         employee; prohibiting the licensee from

  8         permitting an underage employee from consuming

  9         alcoholic beverages on the licensed premises;

10         providing a penalty; reenacting s. 561.706(3),

11         F.S., relating to records of arrests of vendors

12         or employees for certain violations of the

13         Beverage Law, to incorporate the amendment to

14         s. 562.11, F.S., in a reference thereto;

15         providing procedures for issuance of a license

16         that becomes available because of a revocation;

17         providing an effective date.

18  

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

20  

21         Section 1.  Subsection (1) of section 562.11, Florida

22  Statutes, is amended to read:

23         562.11  Selling, giving, or serving alcoholic beverages

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

25  age of another to induce licensee to serve alcoholic beverages

26  to person under 21; penalties.--

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

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

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

30  age to consume such beverages on the licensed premises.

31  Anyone convicted of violation of the provisions hereof is

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    Florida Senate - 2003                     CS for CS for SB 326
    308-2384-03




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

 2  provided in s. 775.082 or s. 775.083.

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

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

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

 6  licensee, except as authorized pursuant to s. 562.111 or s.

 7  562.13, and may not permit a person younger than 21 years of

 8  age who is employed by the licensee to consume alcoholic

 9  beverages on the licensed premises or elsewhere while in the

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

11  officers, servants, or employees who violates this paragraph

12  commits a misdemeanor of the first degree, punishable as

13  provided in s. 775.082 or s. 775.083.

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

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

16  for any administrative action by the division under the

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

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

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

20  consume the alcoholic beverage and the appearance of the

21  person was such that an ordinarily prudent person would

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

23  the alcoholic beverage and if the licensee carefully checked

24  one of the following forms of identification with respect to

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

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

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

28  comparable identification card issued by another state which

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

30  Uniformed Services identification card, and acted in good

31  faith and in reliance upon the representation and appearance

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    Florida Senate - 2003                     CS for CS for SB 326
    308-2384-03




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

 2  purchase or consume the alcoholic beverage. Nothing herein

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

 4  1978.

 5         Section 2.  For the purpose of incorporating the

 6  amendment to section 562.11, Florida Statutes, in a reference

 7  thereto, subsection (3) of section 561.706, Florida Statutes,

 8  is reenacted to read:

 9         561.706  Exemption from license suspension or

10  revocation; mitigation for certain beverage law violations;

11  records of arrests.--

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

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

14  562.11, and shall ascertain at the time of the arrest whether

15  the vendor has provided training for its employees as provided

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

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

18  shall determine if the vendor trained its employees as

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

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

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

22  any interested person.

23         Section 3.  Paragraph (a) of subsection (2) of section

24  561.19, Florida Statutes, is amended to read:

25         561.19  License issuance upon approval of division.--

26         (2)(a)  When beverage licenses become available by

27  reason of an increase in the population of a county or by

28  reason of a county permitting the sale of intoxicating

29  beverages when such sale had been prohibited, or by reason of

30  revocation of a quota license occurring after July 1, 2003,

31  the division, if there are more applicants than the number of

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    Florida Senate - 2003                     CS for CS for SB 326
    308-2384-03




 1  available licenses, shall provide a method of double random

 2  selection by public drawing to determine which applicants

 3  shall be considered for issuance of licenses.  The double

 4  random selection drawing method shall allow each applicant

 5  whose application is complete and does not disclose on its

 6  face any matter rendering the applicant ineligible an equal

 7  opportunity of obtaining an available license. After all

 8  applications are filed with the director, the director shall

 9  then determine by random selection drawing the order in which

10  each applicant's name shall be matched with a number selected

11  by random drawing, and that number shall determine the order

12  in which the applicant will be considered for a license. This

13  paragraph does not prohibit a person who holds a perfected

14  lien or security interest in a quota alcoholic beverage

15  license, in accordance with s. 561.65, from enforcing the lien

16  or security interest against the license within 180 days after

17  a final order of revocation or suspension. A revoked quota

18  alcoholic beverage license encumbered by a lien or security

19  interest perfected in accordance with s. 561.65 may not be

20  issued under this subsection until the aforementioned 180-day

21  period has elapsed or until the enforcement proceeding is

22  final.

23         Section 4.  This act shall take effect July 1, 2003.

24  

25          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
26                        Senate Bill CS/326

27                                 

28  Provides that a beverage quota license may be made available
    for public drawing under the Florida Beverage Law by reason of
29  the revocation of the quota license.

30  

31  

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