Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1954
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CHAMBER ACTION
Senate House
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03/20/2007 11:55 AM .
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11 The Committee on Regulated Industries (Hill) recommended the
12 following amendment:
13
14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Section 562.11, Florida Statutes, is
19 amended to read:
20 562.11 Selling, giving, or serving alcoholic beverages
21 to person under age 21; providing a proper name;
22 misrepresenting or misstating age or age of another to induce
23 licensee to serve alcoholic beverages to person under 21;
24 penalties.--
25 (1)(a)1. It is unlawful for any person to sell, give,
26 serve, or permit to be served alcoholic beverages to a person
27 under 21 years of age. It is unlawful for any licensee or his
28 or her or its agents, officers, servants, or employees or to
29 permit a person under 21 years of age to consume or possess
30 such beverages on the licensed premises. A person who violates
31 this subparagraph commits a misdemeanor of the second degree,
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1 punishable as provided in s. 775.082 or s. 775.083.
2 2. In addition to any other penalty imposed for a
3 violation of subparagraph 1., the court may order the
4 Department of Highway Safety and Motor Vehicles to withhold
5 the issuance of, or suspend or revoke, the driver's license or
6 driving privilege, as provided in s. 322.057, of any person
7 who violates subparagraph 1. This subparagraph does not apply
8 to a licensee, as defined in s. 561.01, who violates
9 subparagraph 1. while acting within the scope of his or her
10 license or an employee or agent of a licensee, as defined in
11 s. 561.01, who violates subparagraph 1. while engaged within
12 the scope of his or her employment or agency.
13 (b) A licensee, or his or her or its agents, officers,
14 servants, or employees, may not provide alcoholic beverages to
15 a person younger than 21 years of age who is employed by the
16 licensee except as authorized pursuant to s. 562.111 or s.
17 562.13, and may not permit a person younger than 21 years of
18 age who is employed by the licensee to consume alcoholic
19 beverages on the licensed premises or elsewhere while in the
20 scope of employment. A licensee, or his or her or its agents,
21 officers, servants, or employees, who violates this paragraph
22 commits a misdemeanor of the first degree, punishable as
23 provided in s. 775.082 or s. 775.083. This paragraph may be
24 cited as "the Christopher Fugate Act."
25 (c) A licensee who violates paragraph (a) shall have a
26 complete defense to any civil action therefor, except for any
27 administrative action by the division under the Beverage Law,
28 if, at the time the alcoholic beverage was sold, given,
29 served, or permitted to be served, the person falsely
30 evidenced that he or she was of legal age to purchase or
31 consume the alcoholic beverage and the appearance of the
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1 person was such that an ordinarily prudent person would
2 believe him or her to be of legal age to purchase or consume
3 the alcoholic beverage and if the licensee carefully checked
4 one of the following forms of identification with respect to
5 the person: a driver's license, an identification card issued
6 under the provisions of s. 322.051 or, if the person is
7 physically handicapped as defined in s. 553.45(1), a
8 comparable identification card issued by another state which
9 indicates the person's age, a passport, or a United States
10 Uniformed Services identification card, and acted in good
11 faith and in reliance upon the representation and appearance
12 of the person in the belief that he or she was of legal age to
13 purchase or consume the alcoholic beverage. Nothing herein
14 shall negate any cause of action which arose prior to June 2,
15 1978.
16 (2) It is unlawful for any person to misrepresent or
17 misstate his or her age or the age of any other person for the
18 purpose of inducing any licensee or his or her agents or
19 employees to sell, give, serve, or deliver any alcoholic
20 beverages to a person under 21 years of age, or for any person
21 under 21 years of age to purchase or attempt to purchase
22 alcoholic beverages.
23 (a) Anyone convicted of violating the provisions of
24 this subsection is guilty of a misdemeanor of the second
25 degree, punishable as provided in s. 775.082 or s. 775.083.
26 (b) Any person under the age of 17 years who violates
27 such provisions shall be within the jurisdiction of the judge
28 of the circuit court and shall be dealt with as a juvenile
29 delinquent according to law.
30 (c) In addition to any other penalty imposed for a
31 violation of this subsection, if a person uses a driver's
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1 license or identification card issued by the Department of
2 Highway Safety and Motor Vehicles in violation of this
3 subsection, the court:
4 1. May order the person to participate in public
5 service or a community work project for a period not to exceed
6 40 hours; and
7 2. Shall direct the Department of Highway Safety and
8 Motor Vehicles to withhold issuance of, or suspend or revoke,
9 the person's driver's license or driving privilege, as
10 provided in s. 322.056.
11 (3) Any person under the age of 21 years testifying in
12 any criminal prosecution or in any hearing before the division
13 involving the violation by any other person of the provisions
14 of this section may, at the discretion of the prosecuting
15 officer, be given full and complete immunity from prosecution
16 for any violation of law revealed in such testimony that may
17 be or may tend to be self-incriminating, and any such person
18 under 21 years of age so testifying, whether under subpoena or
19 otherwise, shall be compelled to give any such testimony in
20 such prosecution or hearing for which immunity from
21 prosecution therefor is given.
22 (4) This section does not apply to a person who gives,
23 serves, or permits to be served an alcoholic beverage to a
24 student who is at least 18 years of age, if the alcoholic
25 beverage is delivered as part of the student's required
26 curriculum at a postsecondary educational institution that is
27 institutionally accredited by an agency recognized by the
28 United States Department of Education and is licensed or
29 exempt from licensure pursuant to the provisions of chapter
30 1005 or that is a public postsecondary education institution;
31 if the student is enrolled in the college and is required to
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1 taste alcoholic beverages that are provided only for
2 instructional purposes during classes conducted under the
3 supervision of authorized instructional personnel pursuant to
4 such a curriculum; if the alcoholic beverages are never
5 offered for consumption or imbibed by such a student and at
6 all times remain in the possession and control of such
7 instructional personnel, who must be 21 years of age or older;
8 and if each participating student executes a waiver and
9 consent in favor of the state and indemnifies the state and
10 holds it harmless.
11 Section 2. Section 562.111, Florida Statutes, is
12 amended to read:
13 562.111 Possession of alcoholic beverages by persons
14 under age 21 prohibited.--
15 (1) It is unlawful for any person under the age of 21
16 years, except a person employed under the provisions of s.
17 562.13 acting in the scope of her or his employment, to have
18 in her or his possession alcoholic beverages. It is unlawful
19 for any person under 21 years of age to consume alcoholic
20 beverages or to be intoxicated by consumption of an alcoholic
21 beverage., except that nothing contained in This subsection
22 does not shall preclude the employment of any person 18 years
23 of age or older in the sale, preparation, or service of
24 alcoholic beverages in licensed premises in any establishment
25 licensed by the Division of Alcoholic Beverages and Tobacco or
26 the Division of Hotels and Restaurants. Notwithstanding the
27 provisions of s. 562.45, any person under the age of 21 who is
28 convicted of a violation of this subsection is guilty of a
29 misdemeanor of the second degree, punishable as provided in s.
30 775.082 or s. 775.083; however, any person under the age of 21
31 who has been convicted of a violation of this subsection and
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1 who is thereafter convicted of a further violation of this
2 subsection is, upon conviction of the further offense, guilty
3 of a misdemeanor of the first degree, punishable as provided
4 in s. 775.082 or s. 775.083. The possession or consumption by,
5 or the service to, a person under 21 years of age of wine in
6 the performance of a religious service, ritual, or ceremony is
7 not prohibited by law.
8 (2) The prohibition in this section against the
9 possession of alcoholic beverages does not apply to the
10 tasting of alcoholic beverages by a student who is at least 18
11 years of age, who is tasting the alcoholic beverages as part
12 of the student's required curriculum at a postsecondary
13 educational institution that is institutionally accredited by
14 an agency recognized by the United States Department of
15 Education and that is licensed or exempt from licensure
16 pursuant to the provisions of chapter 1005 or is a public
17 postsecondary education institution; if the student is
18 enrolled in the college and is tasting the alcoholic beverages
19 only for instructional purposes during classes that are part
20 of such a curriculum; if the student is allowed only to taste,
21 but not consume or imbibe, the alcoholic beverages; and if the
22 alcoholic beverages at all times remain in the possession and
23 control of authorized instructional personnel of the college
24 who are 21 years of age or older.
25 (3) In addition to any other penalty imposed for a
26 violation of subsection (1), the court shall direct the
27 Department of Highway Safety and Motor Vehicles to withhold
28 issuance of, or suspend or revoke, the violator's driver's
29 license or driving privilege, as provided in s. 322.056.
30 (4) For purposes of this section, it is prima facie
31 evidence that a person under the age of 21 years has consumed
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1 an alcoholic beverage or is intoxicated by the consumption of
2 an alcoholic beverage if the person is affected to the extent
3 that the person's normal faculties are impaired, if the person
4 has a blood-alcohol level of 0.02 or more grams of alcohol per
5 100 milliliters of blood, or if the person has a
6 breath-alcohol level of 0.02 or more grams of alcohol per 210
7 liters of breath.
8 Section 3. Section 322.056, Florida Statutes, is
9 amended to read:
10 322.056 Mandatory revocation or suspension of, or
11 delay of eligibility for, driver's license for persons under
12 age 18 found guilty of certain alcohol, drug, or tobacco
13 offenses; prohibition.--
14 (1) Notwithstanding the provisions of s. 322.055, if a
15 person under 18 years of age is found guilty of or delinquent
16 for a violation of s. 562.11(2), s. 562.111, or chapter 893,
17 and:
18 (a) The person is eligible by reason of age for a
19 driver's license or driving privilege, the court shall direct
20 the department to revoke or to withhold issuance of his or her
21 driver's license or driving privilege for a period of:
22 1. Not less than 6 months and not more than 1 year for
23 the first violation.
24 2. Two years, for a subsequent violation.
25 (b) The person's driver's license or driving privilege
26 is under suspension or revocation for any reason, the court
27 shall direct the department to extend the period of suspension
28 or revocation by an additional period of:
29 1. Not less than 6 months and not more than 1 year for
30 the first violation.
31 2. Two years, for a subsequent violation.
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1 (c) The person is ineligible by reason of age for a
2 driver's license or driving privilege, the court shall direct
3 the department to withhold issuance of his or her driver's
4 license or driving privilege for a period of:
5 1. Not less than 6 months and not more than 1 year
6 after the date on which he or she would otherwise have become
7 eligible, for the first violation.
8 2. Two years after the date on which he or she would
9 otherwise have become eligible, for a subsequent violation.
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11 However, the court may, in its sound discretion, direct the
12 department to issue a license for driving privileges
13 restricted to business or employment purposes only, as defined
14 in s. 322.271, if the person is otherwise qualified for such a
15 license.
16 (2) If a person under 18 years of age is found by the
17 court to have committed a noncriminal violation under s.
18 569.11 and that person has failed to comply with the
19 procedures established in that section by failing to fulfill
20 community service requirements, failing to pay the applicable
21 fine, or failing to attend a locally available school-approved
22 anti-tobacco program, and:
23 (a) The person is eligible by reason of age for a
24 driver's license or driving privilege, the court shall direct
25 the department to revoke or to withhold issuance of his or her
26 driver's license or driving privilege as follows:
27 1. For the first violation, for 30 days.
28 2. For the second violation within 12 weeks of the
29 first violation, for 45 days.
30 (b) The person's driver's license or driving privilege
31 is under suspension or revocation for any reason, the court
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1 shall direct the department to extend the period of suspension
2 or revocation by an additional period as follows:
3 1. For the first violation, for 30 days.
4 2. For the second violation within 12 weeks of the
5 first violation, for 45 days.
6 (c) The person is ineligible by reason of age for a
7 driver's license or driving privilege, the court shall direct
8 the department to withhold issuance of his or her driver's
9 license or driving privilege as follows:
10 1. For the first violation, for 30 days.
11 2. For the second violation within 12 weeks of the
12 first violation, for 45 days.
13
14 Any second violation of s. 569.11 not within the 12-week
15 period after the first violation will be treated as a first
16 violation and in the same manner as provided in this
17 subsection.
18 (3) If a person under 18 years of age is found by the
19 court to have committed a third violation of s. 569.11 within
20 12 weeks of the first violation, the court must direct the
21 Department of Highway Safety and Motor Vehicles to suspend or
22 withhold issuance of his or her driver's license or driving
23 privilege for 60 consecutive days. Any third violation of s.
24 569.11 not within the 12-week period after the first violation
25 will be treated as a first violation and in the same manner as
26 provided in subsection (2).
27 (4) A penalty imposed under this section shall be in
28 addition to any other penalty imposed by law.
29 (5) The suspension or revocation of a person's
30 driver's license imposed pursuant to subsection (2) or
31 subsection (3), shall not result in or be cause for an
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1 increase of the convicted person's, or his or her parent's or
2 legal guardian's, automobile insurance rate or premium or
3 result in points assessed against the person's driving record.
4 Section 4. Subsection (10) is added to section
5 1001.02, Florida Statutes, to read:
6 1001.02 General powers of State Board of Education.--
7 The State Board of Education, in conjunction with the
8 Board of Governors, shall develop an annual report regarding
9 the extent of student alcoholic beverage abuse and alcoholic
10 beverage possession and consumption by students under 21 years
11 of age at the state universities. The report must review the
12 education, prevention, intervention, and enforcement policies
13 and practices of the state universities. The report must
14 provide and delineate its findings for each state university.
15 At a minimum, the report must:
16 (1) Detail the policies and practices concerning:
17 1. The extent to which alcoholic beverage consumption
18 and possession is permitted on campus and during
19 university-sponsored on and off campus events;
20 2. Notification of the parent or legal guardian of a
21 student under 21 years of age regarding a first or subsequent
22 violation by the student of the university's policies
23 governing the use or possession of alcoholic beverages;
24 3. Cooperation with community coalitions, non-profit
25 organizations, law enforcement, and the alcoholic beverage
26 industry in implementing and developing education, prevention,
27 intervention, and enforcement policies and practices;
28 4. The implementation of responsible alcoholic
29 beverage service training at on-campus facilities that sell or
30 serve, or permit the sale or service, of alcoholic beverages;
31 and
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1 5. The advertisement of alcoholic beverages.
2 (b) Identify the education, prevention, intervention,
3 and enforcement efforts designed and implemented to promote
4 responsible student behaviors, personal responsibility, and to
5 reduce the extent of alcoholic beverages abuse and alcoholic
6 beverage possession and consumption by students under 21 years
7 of age, including:
8 1. The on-campus and off-campus programs that are
9 utilized to foster and encourage abstinence from the use of
10 alcoholic beverages and the responsible use of alcoholic
11 beverages and to deter the possession and consumption of
12 alcoholic beverages by students under 21 years of age;
13 2. The efforts to enforce universities' alcohol
14 policies;
15 3. The efforts to assist students suffering from
16 alcohol abuse and dependency; and
17 4. The efforts of student organizations to promote
18 responsible student behaviors and personal responsibility, and
19 to reduce the extent of alcoholic beverage abuse and underage
20 alcoholic beverage possession and consumption.
21 (c) Collect data that reflects the universities'
22 experience with students, including:
23 1. The number of alcohol-related deaths of students
24 that are known to the university. The report shall delineate
25 whether a death occurs on campus. If the death does not occur
26 on campus, the report shall identify the city and state in
27 which the death occurred, if known. The term "alcohol-related
28 deaths" includes deaths in which the use of alcoholic
29 beverages by the student was a contributing factor;
30 2. The number of on-campus violations of state or
31 local laws related to the possession or consumption of
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1 alcoholic beverages which resulted in arrests delineated by
2 students and nonstudents and by specifying the number of
3 persons involved;
4 3. The number of alcohol-related violations of the
5 university's alcohol policies and delineated by students and
6 nonstudents and by specifying the number of persons involved;
7 4. The number of fully adjudicated violations of the
8 student code of conduct pertaining to the possession or
9 consumption of alcoholic beverages and specify the penalties
10 imposed; and
11 5. The results of any surveys conducted by a
12 university that demonstrates the extent of alcohol use by
13 underage students and of irresponsible alcohol use at that
14 university or among college students state-wide, if available.
15 (d) In order to provide a context for useful
16 comparative analysis between universities, specify in relation
17 to the university's total student population, the number and
18 percentage of full-time students, the number and percentage of
19 part-time students, the number and percentage of students who
20 reside on-campus, and the number and percentage of students
21 under and over 21 years of age.
22 (e) Assess the effectiveness of the education,
23 prevention, intervention, and enforcement efforts, including:
24 1. Whether existing university resources are
25 sufficient to implement the university's education,
26 prevention, intervention, and enforcement efforts, and
27 indicate the need, if any, for additional resources; and
28 2. Whether progress has been made in reducing the
29 incidence of alcoholic beverage abuse by students and the
30 possession or consumption of alcoholic beverages by students
31 under 21 years of age and whether specific practices or
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1 polices need improvement, if any.
2 (f) Assess whether the minimum reporting required by
3 this subsection provides information that is beneficial to
4 determining the effectiveness of the universities'education,
5 prevention, intervention, and enforcement efforts and whether
6 there is a need for this annual report.
7 (g) Assess whether there is a need for uniformity in
8 the reporting, data collection, and recordkeeping efforts of
9 the state universities.
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11 The report shall reflect the period of July 1 through June 30
12 of each year. The annual report shall be submitted by
13 November 15, 2008, and by November 15 of each successive year,
14 to the Governor, the President of the Senate, and the Speaker
15 of the House of Representatives. The State Board of Education
16 shall encourage the nonpublic universities and colleges to
17 contribute to the finds of the annual report and to
18 participate in its preparation.
19 Section 5. Paragraph (h) is added to subsection (8) of
20 section 1001.64, Florida Statutes, to read:
21 1001.64 Community college boards of trustees; powers
22 and duties.--
23 (8) Each board of trustees has authority for policies
24 related to students, enrollment of students, student records,
25 student activities, financial assistance, and other student
26 services.
27 (h) Each board of trustees shall establish a plan to
28 reduce and eliminate the irresponsible consumption of
29 alcoholic beverages and the possession and consumption of
30 alcoholic beverages by students under 21 years of age. The
31 Board shall conduct an annual evaluation of the effectiveness
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1 of that plan.
2 Section 6. Paragraph (j) is added to subsection (10)
3 of section 1001.74, Florida Statutes, to read:
4 1001.74 Powers and duties of university boards of
5 trustees.--
6 (10) Each board of trustees has responsibility for
7 policies related to students, enrollment of students, student
8 activities and organizations, financial assistance, and other
9 student services.
10 (j) To the extent delegated by the Board of Governors
11 pursuant to s. 1001.706, each board of trustees shall
12 establish a plan to reduce and eliminate the irresponsible
13 consumption of alcoholic beverages and the possession and
14 consumption of alcoholic beverages by students under 21 years
15 of age. The Board shall conduct an annual evaluation of the
16 effectiveness of that plan.
17 Section 7. This act shall take effect July 1, 2007.
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20 ================ T I T L E A M E N D M E N T ===============
21 And the title is amended as follows:
22 Delete everything before the enacting clause
23
24 and insert:
25 A bill to be entitled
26 An act relating to alcoholic beverages;
27 amending s. 562.11, F.S.; clarifying the
28 prohibition against allowing a person younger
29 than 21 years of age to consume alcoholic
30 beverages at premises licensed to sell alcohol;
31 amending s. 562.111, F.S.; prohibiting a person
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1 younger than 21 years of age from consuming
2 alcoholic beverages or being intoxicated;
3 specifying standards, including blood-alcohol
4 and breath-alcohol levels, for determining
5 whether such a person has consumed alcoholic
6 beverages or is intoxicated; providing an
7 exception for religious activities; amending s.
8 322.056, F.S.; providing that the penalty of
9 suspending or revoking a driver's license or
10 privilege for the offense of unlawfully serving
11 alcoholic beverages to a person younger than 21
12 years of age applies to persons older than 18
13 years of age; amending s. 1001.02, F.S.;
14 requiring the State Board of Education to
15 annually report the occurrence of alcohol abuse
16 on university campuses; providing requirements
17 for the report; requiring that the report be
18 submitted to the Governor and the Legislature;
19 amending ss. 1001.64 and 1001.74, F.S.;
20 requiring that the board of trustees at each
21 community college and university establish a
22 plan for reducing and eliminating alcohol abuse
23 at the community college or university;
24 providing an effective date.
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