HB 0567 2004
1	A bill to be entitled
2	An act relating to consumption of alcohol; amending s.
3	562.111, F.S.; providing that it is a crime for a person
4	under 21 years of age to consume alcohol; providing
5	penalties; providing for the use of certain tests as
6	evidence of a violation; authorizing a law enforcement
7	officer to detain certain persons under certain
8	circumstances; providing for use of certain testing
9	devices for certain purposes; authorizing the use of
10	testing results or a refusal to submit to tests as
11	evidence; reenacting ss. 322.056(1) and 397.951(2)(i),
12	F.S., for the purpose of incorporating the amendment to s.
13	562.111, F.S., in references thereto; providing an
14	effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1. Section 562.111, Florida Statutes, is amended
19	to read:
20	562.111 Possession or consumptionof alcoholic beverages
21	by persons under age 21 prohibited.--
22	(1) It is unlawful for any person under the age of 21
23	years, except a person employed under the provisions of s.
24	562.13 acting in the scope of her or his employment, to have in
25	her or his possession alcoholic beverages, except that nothing
26	contained in this subsection shall preclude the employment of
27	any person 18 years of age or older in the sale, preparation, or
28	service of alcoholic beverages in licensed premises in any
29	establishment licensed by the Division of Alcoholic Beverages
30	and Tobacco or the Division of Hotels and Restaurants.
31	Notwithstanding the provisions of s. 562.45, any person under
32	the age of 21 who is convicted of a violation of this subsection
33	is guilty of a misdemeanor of the second degree, punishable as
34	provided in s. 775.082 or s. 775.083; however, any person under
35	the age of 21 who has been convicted of a violation of this
36	subsection and who is thereafter convicted of a further
37	violation of this subsection is, upon conviction of the further
38	offense, guilty of a misdemeanor of the first degree, punishable
39	as provided in s. 775.082 or s. 775.083.
40	(2) Except as provided in subsection (3), it is unlawful
41	for any person under the age of 21 years to consume alcoholic
42	beverages. Any person under the age of 21 who is convicted of a
43	violation of this subsection is guilty of a misdemeanor of the
44	second degree, punishable as provided in s. 775.082 or s.
45	775.083; however, any person under the age of 21 who has been
46	convicted of a violation of this subsection and who is
47	thereafter convicted of a further violation of this subsection
48	is, upon conviction of the further offense, guilty of a
49	misdemeanor of the first degree, punishable as provided in s.
50	775.082 or s. 775.083. A test establishing that the person had a
51	breath-alcohol level of 0.02 grams of alcohol per 210 liters of
52	breath or higher or a blood-alcohol level of 0.02 grams of
53	alcohol per 100 milliliters of blood or higher may be used as
54	evidence of consumption.
55	(a) A law enforcement officer who has probable cause to
56	believe that a person under the age of 21 is under the influence
57	of alcoholic beverages or has any blood-alcohol or breath-
58	alcohol level may lawfully detain such a person and may request
59	that person to submit to a test to determine her or his blood-
60	alcohol or breath-alcohol level.
61	(b) A breath test to determine breath-alcohol level
62	pursuant to this subsection may be conducted by a breath-alcohol
63	test device listed in the United States Department of
64	Transportation's conforming product list of evidential breath-
65	measurement devices. The reading from such a device is presumed
66	accurate and is admissible in evidence.
67	(c) The refusal to submit to a chemical or physical breath
68	test upon the request of a law enforcement officer as provided
69	in this subsection is admissible in evidence in any criminal
70	proceeding.
71	(3)(2)The prohibition in this section against the
72	possession or consumptionof alcoholic beverages does not apply
73	to the tasting of alcoholic beverages by a student who is at
74	least 18 years of age, who is tasting the alcoholic beverages as
75	part of the student's required curriculum at a postsecondary
76	educational institution that is institutionally accredited by an
77	agency recognized by the United States Department of Education
78	and that is licensed or exempt from licensure pursuant to the
79	provisions of chapter 1005 or is a public postsecondary
80	education institution; if the student is enrolled in the college
81	and is tasting the alcoholic beverages only for instructional
82	purposes during classes that are part of such a curriculum; if
83	the student is allowed only to taste, but not consume or imbibe,
84	the alcoholic beverages; and if the alcoholic beverages at all
85	times remain in the possession and control of authorized
86	instructional personnel of the college who are 21 years of age
87	or older.
88	(4)(3)In addition to any other penalty imposed for a
89	violation of subsection (1), the court shall direct the
90	Department of Highway Safety and Motor Vehicles to withhold
91	issuance of, or suspend or revoke, the violator's driver's
92	license or driving privilege, as provided in s. 322.056.
93	Section 2. For the purpose of incorporating the amendment
94	to section 562.111, Florida Statutes, in a reference thereto,
95	subsection (1) of section 322.056, Florida Statutes, is
96	reenacted to read:
97	322.056 Mandatory revocation or suspension of, or delay of
98	eligibility for, driver's license for persons under age 18 found
99	guilty of certain alcohol, drug, or tobacco offenses;
100	prohibition.--
101	(1) Notwithstanding the provisions of s. 322.055, if a
102	person under 18 years of age is found guilty of or delinquent
103	for a violation of s. 562.11(2), s. 562.111, or chapter 893,
104	and:
105	(a) The person is eligible by reason of age for a driver's
106	license or driving privilege, the court shall direct the
107	department to revoke or to withhold issuance of his or her
108	driver's license or driving privilege for a period of:
109	1. Not less than 6 months and not more than 1 year for the
110	first violation.
111	2. Two years, for a subsequent violation.
112	(b) The person's driver's license or driving privilege is
113	under suspension or revocation for any reason, the court shall
114	direct the department to extend the period of suspension or
115	revocation by an additional period of:
116	1. Not less than 6 months and not more than 1 year for the
117	first violation.
118	2. Two years, for a subsequent violation.
119	(c) The person is ineligible by reason of age for a
120	driver's license or driving privilege, the court shall direct
121	the department to withhold issuance of his or her driver's
122	license or driving privilege for a period of:
123	1. Not less than 6 months and not more than 1 year after
124	the date on which he or she would otherwise have become
125	eligible, for the first violation.
126	2. Two years after the date on which he or she would
127	otherwise have become eligible, for a subsequent violation.
128
129	However, the court may, in its sound discretion, direct the
130	department to issue a license for driving privileges restricted
131	to business or employment purposes only, as defined in s.
132	322.271, if the person is otherwise qualified for such a
133	license.
134	Section 3. For the purpose of incorporating the amendment
135	to section 562.111, Florida Statutes, in a reference thereto,
136	paragraph (i) of subsection (2) of section 397.951, Florida
137	Statutes, is reenacted to read:
138	397.951 Treatment and sanctions.--The Legislature
139	recognizes that the integration of treatment and sanctions
140	greatly increases the effectiveness of substance abuse
141	treatment. It is the responsibility of the department and the
142	substance abuse treatment provider to employ the full measure of
143	sanctions available to require participation and completion of
144	treatment to ensure successful outcomes for children in
145	substance abuse treatment.
146	(2) The department shall ensure that substance abuse
147	treatment providers employ any and all appropriate available
148	sanctions necessary to engage, motivate, and maintain a child in
149	treatment, including, but not limited to, provisions in law
150	that:
151	(i) Provide that, pursuant to s. 322.056, for any person
152	under 18 years of age who is found guilty of or delinquent for a
153	violation of s. 562.11(2), s. 562.111, or chapter 893, and is
154	eligible by reason of age for a driver's license or driving
155	privilege, the court shall direct the Department of Highway
156	Safety and Motor Vehicles to revoke or to withhold issuance of
157	his or her driver's license or driving privilege for a period
158	of:
159	1. Not less than 6 months and not more than 1 year for the
160	first violation.
161	2. Two years, for a subsequent violation.
162	Section 4. This act shall take effect July 1, 2004.