Senate Bill sb1322er

    ENROLLED

    2006 Legislature                         CS for CS for SB 1322



  1                                 

  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.; authorizing a court to withhold

  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 may order the

31  Department of Highway Safety and Motor Vehicles to withhold


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




    ENROLLED

    2006 Legislature                         CS for CS for SB 1322



 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  who violates subparagraph 1. This subparagraph does not apply

 4  to a licensee, as defined in s. 561.01, who violates

 5  subparagraph 1. while acting within the scope of his or her

 6  license or an employee or agent of a licensee, as defined in

 7  s. 561.01, who violates subparagraph 1. while engaged within

 8  the scope of his or her employment or agency.

 9         Section 2.  Section 322.057, Florida Statutes, is

10  created to read:

11         322.057  Discretionary revocation or suspension of

12  driver's license for certain persons who provide alcohol to

13  persons under 21 years of age.--

14         (1)  Notwithstanding s. 322.28, the court may order the

15  department to withhold the issuance of, or suspend or revoke,

16  the driver's license of a person who is found guilty of a

17  violation of s. 562.11(1)(a) for not less than 3 months or

18  more than 6 months for a first violation and for 1 year for

19  any subsequent violation. This subsection does not apply to a

20  licensee who violates s. 562.11(1)(a) while acting within the

21  scope of his or her license or an employee or agent of a

22  licensee who violates s. 562.11(1)(a) while engaged within the

23  scope of his or her employment or agency.

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

25  driver's license restricted to business or employment purposes

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

27  qualified for a license.

28         Section 3.  This act shall take effect October 1, 2006.

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