HB 1541

1
A bill to be entitled
2An act relating to abuse of alcohol and illicit drugs;
3amending s. 562.11, F.S.; clarifying the prohibition
4against allowing a person younger than 21 years of age to
5consume alcoholic beverages at premises licensed to sell
6alcohol; authorizing a licensee to seize the driver's
7license or identification card of a person who uses such
8license or card to misrepresent or misstate his or her age
9or the age of another person; providing procedures for
10such seizure; providing that seizing or failing to seize a
11license or card does not create liability on the part of
12the licensee; amending s. 562.111, F.S.; prohibiting a
13person younger than 21 years of age from consuming
14alcoholic beverages or being intoxicated; providing
15penalties; specifying standards, including blood-alcohol
16and breath-alcohol levels, for determining whether such a
17person has consumed alcoholic beverages or is intoxicated;
18amending s. 322.056, F.S.; revising provisions relating to
19the mandatory revocation or suspension of, or delay of
20eligibility for, driver's license for persons found guilty
21of certain alcohol, drug, or tobacco offenses; amending s.
221001.02, F.S.; requiring the State Board of Education to
23annually report the occurrences of alcohol and illicit
24drug abuse on college and university campuses; providing
25requirements for the report; requiring that the report be
26submitted to the Governor and the Legislature; amending
27ss. 1001.64 and 1001.74, F.S.; requiring that the board of
28trustees at each community college and university
29establish a plan for reducing and eliminating alcohol and
30illicit drug abuse at the community college or university;
31providing an effective date.
32
33Be It Enacted by the Legislature of the State of Florida:
34
35     Section 1.  Section 562.11, Florida Statutes, is amended to
36read:
37     562.11  Selling, giving, or serving alcoholic beverages to
38person under age 21; providing a proper name; misrepresenting or
39misstating age or age of another to induce licensee to serve
40alcoholic beverages to person under 21; penalties.--
41     (1)(a)1.  It is unlawful for any person to sell, give,
42serve, or permit to be served alcoholic beverages to a person
43under 21 years of age. It is unlawful for any person or to
44permit a person under 21 years of age to consume such beverages
45on the licensed premises. A person who violates this
46subparagraph commits a misdemeanor of the second degree,
47punishable as provided in s. 775.082 or s. 775.083.
48     2.  In addition to any other penalty imposed for a
49violation of subparagraph 1., the court may order the Department
50of Highway Safety and Motor Vehicles to withhold the issuance
51of, or suspend or revoke, the driver's license or driving
52privilege, as provided in s. 322.057, of any person who violates
53subparagraph 1. This subparagraph does not apply to a licensee,
54as defined in s. 561.01, who violates subparagraph 1. while
55acting within the scope of his or her license or an employee or
56agent of a licensee, as defined in s. 561.01, who violates
57subparagraph 1. while engaged within the scope of his or her
58employment or agency.
59     (b)  A licensee, or his or her or its agents, officers,
60servants, or employees, may not provide alcoholic beverages to a
61person younger than 21 years of age who is employed by the
62licensee except as authorized pursuant to s. 562.111 or s.
63562.13, and may not permit a person younger than 21 years of age
64who is employed by the licensee to consume alcoholic beverages
65on the licensed premises or elsewhere while in the scope of
66employment. A licensee, or his or her or its agents, officers,
67servants, or employees, who violates this paragraph commits a
68misdemeanor of the first degree, punishable as provided in s.
69775.082 or s. 775.083. This paragraph may be cited as "the
70Christopher Fugate Act."
71     (c)  A licensee who violates paragraph (a) shall have a
72complete defense to any civil action therefor, except for any
73administrative action by the division under the Beverage Law,
74if, at the time the alcoholic beverage was sold, given, served,
75or permitted to be served, the person falsely evidenced that he
76or she was of legal age to purchase or consume the alcoholic
77beverage and the appearance of the person was such that an
78ordinarily prudent person would believe him or her to be of
79legal age to purchase or consume the alcoholic beverage and if
80the licensee carefully checked one of the following forms of
81identification with respect to the person: a driver's license,
82an identification card issued under the provisions of s. 322.051
83or, if the person is physically handicapped as defined in s.
84553.45(1), a comparable identification card issued by another
85state which indicates the person's age, a passport, or a United
86States Uniformed Services identification card, and acted in good
87faith and in reliance upon the representation and appearance of
88the person in the belief that he or she was of legal age to
89purchase or consume the alcoholic beverage. Nothing herein shall
90negate any cause of action which arose prior to June 2, 1978.
91     (d)  A licensee, or his or her agent or employee, may seize
92any driver's license or identification card that is presented by
93a person for the purpose of misrepresenting or misstating that
94person's age or the age of any other person in violation of this
95subsection. A receipt must be provided to any person from whom a
96driver's license or identification card is seized and, within 72
97hours, the seized identification must be provided to the
98division, the Department of Highway Safety and Motor Vehicles,
99or a local law enforcement agency having jurisdiction over the
100licensed premises. The receipt must identify the agency to which
101the driver's license or identification card will be given and
102from which it can be reclaimed and the location of that agency.
103The decision by a licensee, or his or her agent or employee, to
104seize or not to seize a driver's license or identification card
105pursuant to the provisions of this paragraph does not create any
106civil or criminal liability on the part of the licensee or his
107or her agent or employee.
108     (2)  It is unlawful for any person to misrepresent or
109misstate his or her age or the age of any other person for the
110purpose of inducing any licensee or his or her agents or
111employees to sell, give, serve, or deliver any alcoholic
112beverages to a person under 21 years of age, or for any person
113under 21 years of age to purchase or attempt to purchase
114alcoholic beverages.
115     (a)  Anyone convicted of violating the provisions of this
116subsection is guilty of a misdemeanor of the second degree,
117punishable as provided in s. 775.082 or s. 775.083.
118     (b)  Any person under the age of 17 years who violates such
119provisions shall be within the jurisdiction of the judge of the
120circuit court and shall be dealt with as a juvenile delinquent
121according to law.
122     (c)  In addition to any other penalty imposed for a
123violation of this subsection, if a person uses a driver's
124license or identification card issued by the Department of
125Highway Safety and Motor Vehicles in violation of this
126subsection, the court:
127     1.  May order the person to participate in public service
128or a community work project for a period not to exceed 40 hours;
129and
130     2.  Shall direct the Department of Highway Safety and Motor
131Vehicles to withhold issuance of, or suspend or revoke, the
132person's driver's license or driving privilege, as provided in
133s. 322.056.
134     (3)  Any person under the age of 21 years testifying in any
135criminal prosecution or in any hearing before the division
136involving the violation by any other person of the provisions of
137this section may, at the discretion of the prosecuting officer,
138be given full and complete immunity from prosecution for any
139violation of law revealed in such testimony that may be or may
140tend to be self-incriminating, and any such person under 21
141years of age so testifying, whether under subpoena or otherwise,
142shall be compelled to give any such testimony in such
143prosecution or hearing for which immunity from prosecution
144therefor is given.
145     (4)  This section does not apply to a person who gives,
146serves, or permits to be served an alcoholic beverage to a
147student who is at least 18 years of age, if the alcoholic
148beverage is delivered as part of the student's required
149curriculum at a postsecondary educational institution that is
150institutionally accredited by an agency recognized by the United
151States Department of Education and is licensed or exempt from
152licensure pursuant to the provisions of chapter 1005 or that is
153a public postsecondary education institution; if the student is
154enrolled in the college and is required to taste alcoholic
155beverages that are provided only for instructional purposes
156during classes conducted under the supervision of authorized
157instructional personnel pursuant to such a curriculum; if the
158alcoholic beverages are never offered for consumption or imbibed
159by such a student and at all times remain in the possession and
160control of such instructional personnel, who must be 21 years of
161age or older; and if each participating student executes a
162waiver and consent in favor of the state and indemnifies the
163state and holds it harmless.
164     Section 2.  Section 562.111, Florida Statutes, is amended
165to read:
166     562.111  Possession or consumption of alcoholic beverages
167by persons under age 21 prohibited.--
168     (1)  It is unlawful for any person under the age of 21
169years, except a person employed under the provisions of s.
170562.13 acting in the scope of her or his employment, to have in
171her or his possession alcoholic beverages, to consume alcoholic
172beverages, or to be intoxicated by consumption of an alcoholic
173beverage. except that nothing contained in This subsection does
174not shall preclude the employment of any person 18 years of age
175or older in the sale, preparation, or service of alcoholic
176beverages in licensed premises in any establishment licensed by
177the Division of Alcoholic Beverages and Tobacco or the Division
178of Hotels and Restaurants. Notwithstanding the provisions of s.
179562.45, any person under the age of 21 who is convicted of a
180violation of this subsection is guilty of a misdemeanor of the
181second degree, punishable as provided in s. 775.082 or s.
182775.083; however, any person under the age of 21 who has been
183convicted of a violation of this subsection and who is
184thereafter convicted of a further violation of this subsection
185is, upon conviction of the further offense, guilty of a
186misdemeanor of the first degree, punishable as provided in s.
187775.082 or s. 775.083.
188     (2)  The prohibition in this section against the possession
189of alcoholic beverages does not apply to the tasting of
190alcoholic beverages by a student who is at least 18 years of
191age, who is tasting the alcoholic beverages as part of the
192student's required curriculum at a postsecondary educational
193institution that is institutionally accredited by an agency
194recognized by the United States Department of Education and that
195is licensed or exempt from licensure pursuant to the provisions
196of chapter 1005 or is a public postsecondary education
197institution; if the student is enrolled in the college and is
198tasting the alcoholic beverages only for instructional purposes
199during classes that are part of such a curriculum; if the
200student is allowed only to taste, but not consume or imbibe, the
201alcoholic beverages; and if the alcoholic beverages at all times
202remain in the possession and control of authorized instructional
203personnel of the college who are 21 years of age or older.
204     (3)  In addition to any other penalty imposed for a
205violation of subsection (1), the court shall direct the
206Department of Highway Safety and Motor Vehicles to withhold
207issuance of, or suspend or revoke, the violator's driver's
208license or driving privilege, as provided in s. 322.056.
209     (4)  For purposes of this section, it is prima facie
210evidence that a person under the age of 21 years has consumed an
211alcoholic beverage or is intoxicated by the consumption of an
212alcoholic beverage if the person is affected to the extent that
213the person's normal faculties are impaired, if the person has a
214blood-alcohol level of 0.02 or more grams of alcohol per 100
215milliliters of blood, or if the person has a breath-alcohol
216level of 0.02 or more grams of alcohol per 210 liters of breath.
217     Section 3.  Section 322.056, Florida Statutes, is amended
218to read:
219     322.056  Mandatory revocation or suspension of, or delay of
220eligibility for, driver's license for persons under age 18 found
221guilty of certain alcohol, drug, or tobacco offenses;
222prohibition.--
223     (1)  Notwithstanding the provisions of s. 322.055, if a
224person under 18 years of age is found guilty of or delinquent
225for a violation of s. 562.11(2), s. 562.111, or chapter 893,
226and:
227     (a)  The person is eligible by reason of age for a driver's
228license or driving privilege, the court shall direct the
229department to revoke or to withhold issuance of his or her
230driver's license or driving privilege for a period of:
231     1.  Not less than 6 months and not more than 1 year for the
232first violation.
233     2.  Two years, for a subsequent violation.
234     (b)  The person's driver's license or driving privilege is
235under suspension or revocation for any reason, the court shall
236direct the department to extend the period of suspension or
237revocation by an additional period of:
238     1.  Not less than 6 months and not more than 1 year for the
239first violation.
240     2.  Two years, for a subsequent violation.
241     (c)  The person is ineligible by reason of age for a
242driver's license or driving privilege, the court shall direct
243the department to withhold issuance of his or her driver's
244license or driving privilege for a period of:
245     1.  Not less than 6 months and not more than 1 year after
246the date on which he or she would otherwise have become
247eligible, for the first violation.
248     2.  Two years after the date on which he or she would
249otherwise have become eligible, for a subsequent violation.
250
251However, the court may, in its sound discretion, direct the
252department to issue a license for driving privileges restricted
253to business or employment purposes only, as defined in s.
254322.271, if the person is otherwise qualified for such a
255license.
256     (2)  If a person under 18 years of age is found by the
257court to have committed a noncriminal violation under s. 569.11
258and that person has failed to comply with the procedures
259established in that section by failing to fulfill community
260service requirements, failing to pay the applicable fine, or
261failing to attend a locally available school-approved anti-
262tobacco program, and:
263     (a)  The person is eligible by reason of age for a driver's
264license or driving privilege, the court shall direct the
265department to revoke or to withhold issuance of his or her
266driver's license or driving privilege as follows:
267     1.  For the first violation, for 30 days.
268     2.  For the second violation within 12 weeks of the first
269violation, for 45 days.
270     (b)  The person's driver's license or driving privilege is
271under suspension or revocation for any reason, the court shall
272direct the department to extend the period of suspension or
273revocation by an additional period as follows:
274     1.  For the first violation, for 30 days.
275     2.  For the second violation within 12 weeks of the first
276violation, for 45 days.
277     (c)  The person is ineligible by reason of age for a
278driver's license or driving privilege, the court shall direct
279the department to withhold issuance of his or her driver's
280license or driving privilege as follows:
281     1.  For the first violation, for 30 days.
282     2.  For the second violation within 12 weeks of the first
283violation, for 45 days.
284
285Any second violation of s. 569.11 not within the 12-week period
286after the first violation will be treated as a first violation
287and in the same manner as provided in this subsection.
288     (3)  If a person under 18 years of age is found by the
289court to have committed a third violation of s. 569.11 within 12
290weeks of the first violation, the court must direct the
291Department of Highway Safety and Motor Vehicles to suspend or
292withhold issuance of his or her driver's license or driving
293privilege for 60 consecutive days. Any third violation of s.
294569.11 not within the 12-week period after the first violation
295will be treated as a first violation and in the same manner as
296provided in subsection (2).
297     (4)  A penalty imposed under this section shall be in
298addition to any other penalty imposed by law.
299     (5)  The suspension or revocation of a person's driver's
300license imposed pursuant to subsection (2) or subsection (3),
301shall not result in or be cause for an increase of the convicted
302person's, or his or her parent's or legal guardian's, automobile
303insurance rate or premium or result in points assessed against
304the person's driving record.
305     Section 4.  Subsection (10) is added to section 1001.02,
306Florida Statutes, to read:
307     1001.02  General powers of State Board of Education.--
308     (10)  The State Board of Education, in conjunction with the
309Board of Governors, shall develop an annual report regarding the
310extent of alcohol and illicit drug abuse, including underage
311alcohol use, at the state universities and community colleges
312and by college and university students. The report must review
313the enforcement, prevention, and intervention policies and
314practices of the state universities and community colleges. The
315report shall address the need for uniform reporting, data
316collection, and recordkeeping by the state universities and
317community colleges. The report must provide and delineate its
318findings for each state university and community college.
319     (a)  At a minimum, the report must:
320     1.  Detail the policies and practices of each university
321and community college regarding the use and possession of
322alcohol, including the extent to which alcohol use and
323possession is permitted in campus housing, dining, and meeting
324facilities and during university-sponsored events, including on-
325campus and off-campus athletic events.
326     2.  Specify which universities and community colleges
327notify the parent or legal guardian of a student under 21 years
328of age regarding a violation by the student of the institution's
329policies governing the use or possession of alcohol or illicit
330drugs.
331     3.  Identify the number of alcohol-related deaths of
332students, including deaths occurring during school term breaks
333and occurring off-campus. The term "alcohol-related deaths"
334includes deaths in which the use of alcohol or illicit drug use
335was a contributing factor.
336     4.  Identify the number of alcohol-related and illicit
337drug-related incidents on the campuses of the state
338universities, including incidents involving students and
339nonstudents, and specify the number of persons involved. The
340term "incidents" includes violations of the alcohol and illicit
341drug policies of the colleges and universities and violations of
342state law in which alcohol or illicit drug use was a
343contributing factor.
344     5.  Identify the number of alcohol-related hospitalizations
345of students. The term "alcohol-related hospitalizations" means
346incidents in which a student requires medical treatment for
347injuries or other medical conditions related to the abuse or
348excessive consumption of illicit drugs or alcohol.
349     6.  Identify the on-campus and off-campus programs that are
350designed to deter and prevent the use of alcohol, the abuse of
351alcohol and illicit drugs, and the consumption of alcohol by
352underage persons.
353     7.  Identify the number of alcohol and illicit drug
354violations of each institution's student code of conduct,
355including an accounting of the penalties imposed.
356     (b)  The annual report must include an assessment of
357progress made in reducing alcohol and illicit drug abuse,
358including alcohol use by students and underage persons, at the
359state universities and community colleges, and must specify the
360practices and policies that need improvement. The annual report
361shall be submitted by July 1, 2008, and by July 1 in each
362successive year, to the Governor, the President of the Senate,
363and the Speaker of the House of Representatives.
364     (c)  The State Board of Education shall encourage the
365nonpublic universities and colleges to contribute to the
366findings of the annual report and to participate in its
367preparation.
368     Section 5.  Paragraph (h) is added to subsection (8) of
369section 1001.64, Florida Statutes, to read:
370     1001.64  Community college boards of trustees; powers and
371duties.--
372     (8)  Each board of trustees has authority for policies
373related to students, enrollment of students, student records,
374student activities, financial assistance, and other student
375services.
376     (h)  Each board of trustees shall establish a plan to
377reduce and eliminate alcohol and illicit drug abuse, including
378underage alcohol use, and conduct an annual evaluation of the
379effectiveness of that plan.
380     Section 6.  Paragraph (j) is added to subsection (10) of
381section 1001.74, Florida Statutes, to read:
382     1001.74  Powers and duties of university boards of
383trustees.--
384     (10)  Each board of trustees has responsibility for
385policies related to students, enrollment of students, student
386activities and organizations, financial assistance, and other
387student services.
388     (j)  Each board of trustees shall establish a plan to
389reduce and eliminate alcohol and illicit drug abuse, including
390underage alcohol use, and conduct an annual evaluation of the
391effectiveness of that plan.
392     Section 7.  This act shall take effect July 1, 2007.


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