Senate Bill sb1322

    Florida Senate - 2006                                  SB 1322

    By Senator King





    8-684-06

  1                      A bill to be entitled

  2         An act relating to driver's licenses; amending

  3         s. 562.11, F.S.; providing an additional

  4         penalty for providing alcoholic beverages to a

  5         person under the age of 21; creating s.

  6         322.057, F.S.; requiring a court to withhold to

  7         issuance of, or suspend or revoke, the driver's

  8         license of certain persons who provide

  9         alcoholic beverages to persons under the age of

10         21; providing an effective date.

11  

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

13  

14         Section 1.  Paragraph (a) of subsection (1) of section

15  562.11, Florida Statutes, is 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)1.  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. A

25  person who violates this subparagraph commits Anyone convicted

26  of violation of the provisions hereof is guilty of a

27  misdemeanor of the second degree, punishable as provided in s.

28  775.082 or s. 775.083.

29         2.  In addition to any other penalty imposed for a

30  violation of subparagraph 1., the court shall order the

31  Department of Highway Safety and Motor Vehicles to withhold

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 1322
    8-684-06




 1  the issuance of, or suspend or revoke, the driver's license or

 2  driving privilege, as provided in s. 322.057, of any person

 3  other than a licensee or an employee or agent of a licensee

 4  who violates subparagraph 1.

 5         Section 2.  Section 322.057, Florida Statutes, is

 6  created to read:

 7         322.057  Mandatory revocation or suspension of driver's

 8  license for certain persons who provide alcohol to persons

 9  under 21 years of age.--

10         (1)  Notwithstanding s. 322.28, the court shall order

11  the department to withhold the issuance of, or suspend or

12  revoke, the driver's license of a person 21 years or age or

13  older, other than a licensee or an employee or agent of a

14  licensee who is found guilty of a violation of s.

15  562.11(1)(a), for not less than 3 months more than 6 months

16  for a violation and 1 year for any subsequent violation.

17         (2)  The court may direct the department to issue a

18  driver's license restricted to business or employment purposes

19  only, as provided in s. 322.271, to a person who is otherwise

20  qualified for a license.

21         Section 3.  This act shall take effect July 1, 2006.

22  

23            *****************************************

24                          SENATE SUMMARY

25    Provides for the mandatory suspension or revocation of
      the driver's license of a person, other than a licensee
26    or employee or agent of a licensee, who provides
      alcoholic beverages to a person under the age of 21.
27  

28  

29  

30  

31  

                                  2

CODING: Words stricken are deletions; words underlined are additions.