| 1 | The Transportation Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to driver's licenses; amending s. 562.11, |
| 7 | F.S.; providing an additional penalty for providing |
| 8 | alcoholic beverages to a person under the age of 21; |
| 9 | creating s. 322.057, F.S.; requiring a court to order the |
| 10 | Department of Highway Safety and Motor Vehicles to |
| 11 | withhold the issuance of, or suspend or revoke, the |
| 12 | driver's license of certain persons who provide alcoholic |
| 13 | beverages to persons under the age of 21; providing for |
| 14 | exceptions; providing an effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Paragraph (a) of subsection (1) of section |
| 19 | 562.11, Florida Statutes, is amended to read: |
| 20 | 562.11 Selling, giving, or serving alcoholic beverages to |
| 21 | person under age 21; providing a proper name; misrepresenting or |
| 22 | misstating age or age of another to induce licensee to serve |
| 23 | alcoholic beverages to person under 21; penalties.-- |
| 24 | (1)(a)1. It is unlawful for any person to sell, give, |
| 25 | serve, or permit to be served alcoholic beverages to a person |
| 26 | under 21 years of age or to permit a person under 21 years of |
| 27 | age to consume such beverages on the licensed premises. A person |
| 28 | who violates this subparagraph commits Anyone convicted of |
| 29 | violation of the provisions hereof is guilty of a misdemeanor of |
| 30 | the second degree, punishable as provided in s. 775.082 or s. |
| 31 | 775.083. |
| 32 | 2. In addition to any other penalty imposed for a |
| 33 | violation of subparagraph 1., the court shall order the |
| 34 | Department of Highway Safety and Motor Vehicles to withhold the |
| 35 | issuance of, or suspend or revoke, the driver's license or |
| 36 | driving privilege, as provided in s. 322.057, of any person |
| 37 | other than a licensee or an employee or agent of a licensee who |
| 38 | violates subparagraph 1. |
| 39 | Section 2. Section 322.057, Florida Statutes, is created |
| 40 | to read: |
| 41 | 322.057 Mandatory revocation or suspension of driver's |
| 42 | license for certain persons who provide alcohol to persons under |
| 43 | 21 years of age.-- |
| 44 | (1) Notwithstanding s. 322.28, the court shall order the |
| 45 | department to withhold the issuance of, or suspend or revoke, |
| 46 | the driver's license of a person 21 years of age or older, other |
| 47 | than a licensee under chapter 561 or an employee or agent of |
| 48 | such licensee, who is found guilty of a violation of s. |
| 49 | 562.11(1)(a) for not less than 3 months or more than 6 months |
| 50 | for a violation and 1 year for any subsequent violation. |
| 51 | (2) The court may direct the department to issue a |
| 52 | driver's license restricted to business or employment purposes |
| 53 | only, as provided in s. 322.271, to a person who is otherwise |
| 54 | qualified for a license. |
| 55 | Section 3. This act shall take effect July 1, 2006. |