Senate Bill sb1954c1

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    Florida Senate - 2007                           CS for SB 1954

    By the Committee on Regulated Industries





    580-2112-07

  1                      A bill to be entitled

  2         An act relating to alcoholic beverages;

  3         amending s. 562.11, F.S.; clarifying the

  4         prohibition against allowing a person younger

  5         than 21 years of age to consume alcoholic

  6         beverages at premises licensed to sell alcohol;

  7         amending s. 322.056, F.S.; providing that the

  8         penalty of suspending or revoking a driver's

  9         license or privilege for the offense of

10         unlawfully serving alcoholic beverages to a

11         person younger than 21 years of age applies to

12         persons older than 18 years of age; amending s.

13         1001.02, F.S.; requiring the State Board of

14         Education to annually report the occurrence of

15         alcohol abuse on college and university

16         campuses; providing requirements for the

17         report; requiring that the report be submitted

18         to the Governor and the Legislature; amending

19         ss. 1001.64 and 1001.74, F.S.; requiring that

20         the board of trustees at each community college

21         and university establish a plan for reducing

22         and eliminating alcohol abuse at the community

23         college or university; providing an effective

24         date.

25  

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

27  

28         Section 1.  Section 562.11, Florida Statutes, is

29  amended to read:

30         562.11  Selling, giving, or serving alcoholic beverages

31  to person under age 21; providing a proper name;

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 1  misrepresenting or misstating age or age of another to induce

 2  licensee to serve alcoholic beverages to person under 21;

 3  penalties.--

 4         (1)(a)1.  It is unlawful for any person to sell, give,

 5  serve, or permit to be served alcoholic beverages to a person

 6  under 21 years of age. It is unlawful for any licensee, or his

 7  or her agents, officers, servants, or employees or to permit a

 8  person under 21 years of age to possess or consume such

 9  beverages on the licensed premises. A person who violates this

10  subparagraph commits a misdemeanor of the second degree,

11  punishable as provided in s. 775.082 or s. 775.083.

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

13  violation of subparagraph 1., the court may order the

14  Department of Highway Safety and Motor Vehicles to withhold

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

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

17  who violates subparagraph 1. This subparagraph does not apply

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

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

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

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

22  the scope of his or her employment or agency.

23         (b)  A licensee, or his or her or its agents, officers,

24  servants, or employees, may not provide alcoholic beverages to

25  a person younger than 21 years of age who is employed by the

26  licensee except as authorized pursuant to s. 562.111 or s.

27  562.13, and may not permit a person younger than 21 years of

28  age who is employed by the licensee to consume alcoholic

29  beverages on the licensed premises or elsewhere while in the

30  scope of employment. A licensee, or his or her or its agents,

31  officers, servants, or employees, who violates this paragraph

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 1  commits a misdemeanor of the first degree, punishable as

 2  provided in s. 775.082 or s. 775.083. This paragraph may be

 3  cited as "the Christopher Fugate Act."

 4         (c)  A licensee who violates paragraph (a) shall have a

 5  complete defense to any civil action therefor, except for any

 6  administrative action by the division under the Beverage Law,

 7  if, at the time the alcoholic beverage was sold, given,

 8  served, or permitted to be served, the person falsely

 9  evidenced that he or she was of legal age to purchase or

10  consume the alcoholic beverage and the appearance of the

11  person was such that an ordinarily prudent person would

12  believe him or her to be of legal age to purchase or consume

13  the alcoholic beverage and if the licensee carefully checked

14  one of the following forms of identification with respect to

15  the person:  a driver's license, an identification card issued

16  under the provisions of s. 322.051 or, if the person is

17  physically handicapped as defined in s. 553.45(1), a

18  comparable identification card issued by another state which

19  indicates the person's age, a passport, or a United States

20  Uniformed Services identification card, and acted in good

21  faith and in reliance upon the representation and appearance

22  of the person in the belief that he or she was of legal age to

23  purchase or consume the alcoholic beverage. Nothing herein

24  shall negate any cause of action which arose prior to June 2,

25  1978.

26         (2)  It is unlawful for any person to misrepresent or

27  misstate his or her age or the age of any other person for the

28  purpose of inducing any licensee or his or her agents or

29  employees to sell, give, serve, or deliver any alcoholic

30  beverages to a person under 21 years of age, or for any person

31  

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 1  under 21 years of age to purchase or attempt to purchase

 2  alcoholic beverages.

 3         (a)  Anyone convicted of violating the provisions of

 4  this subsection is guilty of a misdemeanor of the second

 5  degree, punishable as provided in s. 775.082 or s. 775.083.

 6         (b)  Any person under the age of 17 years who violates

 7  such provisions shall be within the jurisdiction of the judge

 8  of the circuit court and shall be dealt with as a juvenile

 9  delinquent according to law.

10         (c)  In addition to any other penalty imposed for a

11  violation of this subsection, if a person uses a driver's

12  license or identification card issued by the Department of

13  Highway Safety and Motor Vehicles in violation of this

14  subsection, the court:

15         1.  May order the person to participate in public

16  service or a community work project for a period not to exceed

17  40 hours; and

18         2.  Shall direct the Department of Highway Safety and

19  Motor Vehicles to withhold issuance of, or suspend or revoke,

20  the person's driver's license or driving privilege, as

21  provided in s. 322.056.

22         (3)  Any person under the age of 21 years testifying in

23  any criminal prosecution or in any hearing before the division

24  involving the violation by any other person of the provisions

25  of this section may, at the discretion of the prosecuting

26  officer, be given full and complete immunity from prosecution

27  for any violation of law revealed in such testimony that may

28  be or may tend to be self-incriminating, and any such person

29  under 21 years of age so testifying, whether under subpoena or

30  otherwise, shall be compelled to give any such testimony in

31  

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 1  such prosecution or hearing for which immunity from

 2  prosecution therefor is given.

 3         (4)  This section does not apply to a person who gives,

 4  serves, or permits to be served an alcoholic beverage to a

 5  student who is at least 18 years of age, if the alcoholic

 6  beverage is delivered as part of the student's required

 7  curriculum at a postsecondary educational institution that is

 8  institutionally accredited by an agency recognized by the

 9  United States Department of Education and is licensed or

10  exempt from licensure pursuant to the provisions of chapter

11  1005 or that is a public postsecondary education institution;

12  if the student is enrolled in the college and is required to

13  taste alcoholic beverages that are provided only for

14  instructional purposes during classes conducted under the

15  supervision of authorized instructional personnel pursuant to

16  such a curriculum; if the alcoholic beverages are never

17  offered for consumption or imbibed by such a student and at

18  all times remain in the possession and control of such

19  instructional personnel, who must be 21 years of age or older;

20  and if each participating student executes a waiver and

21  consent in favor of the state and indemnifies the state and

22  holds it harmless.

23         Section 2.  Section 322.056, Florida Statutes, is

24  amended to read:

25         322.056  Mandatory revocation or suspension of, or

26  delay of eligibility for, driver's license for persons under

27  age 18 found guilty of certain alcohol, drug, or tobacco

28  offenses; prohibition.--

29         (1)  Notwithstanding the provisions of s. 322.055, if a

30  person under 18 years of age is found guilty of or delinquent

31  

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 1  for a violation of s. 562.11(2), s. 562.111, or chapter 893,

 2  and:

 3         (a)  The person is eligible by reason of age for a

 4  driver's license or driving privilege, the court shall direct

 5  the department to revoke or to withhold issuance of his or her

 6  driver's license or driving privilege for a period of:

 7         1.  Not less than 6 months and not more than 1 year for

 8  the first violation.

 9         2.  Two years, for a subsequent violation.

10         (b)  The person's driver's license or driving privilege

11  is under suspension or revocation for any reason, the court

12  shall direct the department to extend the period of suspension

13  or revocation by an additional period of:

14         1.  Not less than 6 months and not more than 1 year for

15  the first violation.

16         2.  Two years, for a subsequent violation.

17         (c)  The person is ineligible by reason of age for a

18  driver's license or driving privilege, the court shall direct

19  the department to withhold issuance of his or her driver's

20  license or driving privilege for a period of:

21         1.  Not less than 6 months and not more than 1 year

22  after the date on which he or she would otherwise have become

23  eligible, for the first violation.

24         2.  Two years after the date on which he or she would

25  otherwise have become eligible, for a subsequent violation.

26  

27  However, the court may, in its sound discretion, direct the

28  department to issue a license for driving privileges

29  restricted to business or employment purposes only, as defined

30  in s. 322.271, if the person is otherwise qualified for such a

31  license.

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 1         (2)  If a person under 18 years of age is found by the

 2  court to have committed a noncriminal violation under s.

 3  569.11 and that person has failed to comply with the

 4  procedures established in that section by failing to fulfill

 5  community service requirements, failing to pay the applicable

 6  fine, or failing to attend a locally available school-approved

 7  anti-tobacco program, and:

 8         (a)  The person is eligible by reason of age for a

 9  driver's license or driving privilege, the court shall direct

10  the department to revoke or to withhold issuance of his or her

11  driver's license or driving privilege as follows:

12         1.  For the first violation, for 30 days.

13         2.  For the second violation within 12 weeks of the

14  first violation, for 45 days.

15         (b)  The person's driver's license or driving privilege

16  is under suspension or revocation for any reason, the court

17  shall direct the department to extend the period of suspension

18  or revocation by an additional period as follows:

19         1.  For the first violation, for 30 days.

20         2.  For the second violation within 12 weeks of the

21  first violation, for 45 days.

22         (c)  The person is ineligible by reason of age for a

23  driver's license or driving privilege, the court shall direct

24  the department to withhold issuance of his or her driver's

25  license or driving privilege as follows:

26         1.  For the first violation, for 30 days.

27         2.  For the second violation within 12 weeks of the

28  first violation, for 45 days.

29  

30  Any second violation of s. 569.11 not within the 12-week

31  period after the first violation will be treated as a first

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    Florida Senate - 2007                           CS for SB 1954
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 1  violation and in the same manner as provided in this

 2  subsection.

 3         (3)  If a person under 18 years of age is found by the

 4  court to have committed a third violation of s. 569.11 within

 5  12 weeks of the first violation, the court must direct the

 6  Department of Highway Safety and Motor Vehicles to suspend or

 7  withhold issuance of his or her driver's license or driving

 8  privilege for 60 consecutive days.  Any third violation of s.

 9  569.11 not within the 12-week period after the first violation

10  will be treated as a first violation and in the same manner as

11  provided in subsection (2).

12         (4)  A penalty imposed under this section shall be in

13  addition to any other penalty imposed by law.

14         (5)  The suspension or revocation of a person's

15  driver's license imposed pursuant to subsection (2) or

16  subsection (3), shall not result in or be cause for an

17  increase of the convicted person's, or his or her parent's or

18  legal guardian's, automobile insurance rate or premium or

19  result in points assessed against the person's driving record.

20         Section 3.  Subsection (10) is added to section

21  1001.02, Florida Statutes, to read:

22         1001.02  General powers of State Board of Education.--

23         (10)  The State Board of Education, in conjunction with

24  the Board of Governors, shall develop an annual report

25  regarding the extent of alcoholic beverage abuse and alcoholic

26  beverage possession and consumption by students under 21 years

27  of age at the state universities. The report must review the

28  education, prevention, intervention, and enforcement policies

29  and practices of the state universities. The report must

30  provide and delineate its findings for each state university.

31  At a minimum, the report must:

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 1         (a)  Detail the policies and practices concerning:

 2         1.  The extent to which alcoholic beverage consumption

 3  and possession is permitted on campus and during

 4  university-sponsored on-campus and off-campus events;

 5         2.  Notification of the parent or legal guardian of a

 6  student under 21 years of age regarding a first or subsequent

 7  violation by the student of the university's policies

 8  governing the use or possession of alcoholic beverages;

 9         3.  Cooperation with community coalitions, nonprofit

10  organizations, law enforcement agencies, and the alcoholic

11  beverage industry in implementing and developing education,

12  prevention, intervention, and enforcement policies and

13  practices;

14         4.  The implementation of training regarding

15  responsible alcoholic beverage service at on-campus facilities

16  that sell or serve, or permit the sale or service of,

17  alcoholic beverages; and

18         5.  The advertisement of alcoholic beverages.

19         (b)  Identify the education, prevention, intervention,

20  and enforcement efforts designed and implemented to promote

21  responsible student behaviors and personal responsibility and

22  to reduce the extent of alcoholic beverage abuse and alcoholic

23  beverage possession and consumption by students under 21 years

24  of age, including:

25         1.  The on-campus and off-campus programs that are used

26  to foster and encourage abstinence from the use of alcoholic

27  beverages and the responsible use of alcoholic beverages and

28  to deter the possession and consumption of alcoholic beverages

29  by students under 21 years of age;

30         2.  The efforts to enforce universities' alcohol

31  policies;

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 1         3.  The efforts to assist students suffering from

 2  alcohol abuse and dependency; and

 3         4.  The efforts of student organizations to promote

 4  responsible student behaviors and personal responsibility and

 5  to reduce the extent of alcoholic beverage abuse and underage

 6  alcoholic beverage possession and consumption.

 7         (c)  Collect data that reflects the universities'

 8  experience with students, including:

 9         1.  The number of alcohol-related deaths of students

10  that are known to the university. The report must delineate

11  whether a death occurs on campus. If the death does not occur

12  on campus, the report shall identify the municipality and

13  state in which the death occurred, if known. The term

14  "alcohol-related deaths" includes deaths in which the use of

15  alcoholic beverages by the student was a contributing factor;

16         2.  The number of on-campus violations of state or

17  local laws related to the possession or consumption of

18  alcoholic beverages which resulted in arrests delineated by

19  students and nonstudents and by specifying the number of

20  persons involved;

21         3.  The number of alcohol-related violations of the

22  university's alcohol policies and delineated by students and

23  nonstudents and by the number of persons involved;

24         4.  The number of fully adjudicated violations of the

25  student code of conduct pertaining to the possession or

26  consumption of alcoholic beverages and the penalties imposed;

27  and

28         5.  The results of any surveys conducted by a

29  university which demonstrates the extent of alcohol use by

30  underage students and irresponsible alcohol use at that

31  university or among college students statewide, if available.

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 1         (d)  In order to provide a context for useful

 2  comparative analysis between universities, specify in relation

 3  to the university's total student population, the number and

 4  percentage of full-time students, the number and percentage of

 5  part-time students, the number and percentage of students who

 6  reside on campus, and the number and percentage of students

 7  under and over 21 years of age.

 8         (e)  Assess the effectiveness of the education,

 9  prevention, intervention, and enforcement efforts, including:

10         1.  Whether existing university resources are

11  sufficient to implement the university's education,

12  prevention, intervention, and enforcement efforts, and

13  indicate the need, if any, for additional resources; and

14         2.  Whether progress has been made in reducing the

15  incidence of alcoholic beverage abuse by students and the

16  possession or consumption of alcoholic beverages by students

17  under 21 years of age and whether specific practices or

18  polices need improvement, if any.

19         (f)  Assess whether the minimum reporting required by

20  this subsection provides information that is beneficial to

21  determining the effectiveness of the universities' education,

22  prevention, intervention, and enforcement efforts and whether

23  there is a need for this annual report.

24         (g)  Assess whether there is a need for uniformity in

25  the reporting, data collection, and recordkeeping efforts of

26  the state universities.

27  

28  The report shall reflect the period of July 1 through June 30

29  of each year. The annual report shall be submitted by November

30  15, 2008, and by November 15 of each successive year, to the

31  Governor, the President of the Senate, and the Speaker of the

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 1  House of Representatives. The State Board of Education shall

 2  encourage nonpublic universities and colleges to contribute to

 3  the findings of the annual report and to participate in its

 4  preparation.

 5         Section 4.  Paragraph (h) is added to subsection (8) of

 6  section 1001.64, Florida Statutes, to read:

 7         1001.64  Community college boards of trustees; powers

 8  and duties.--

 9         (8)  Each board of trustees has authority for policies

10  related to students, enrollment of students, student records,

11  student activities, financial assistance, and other student

12  services.

13         (h)  Each board of trustees shall establish a plan to

14  reduce and eliminate the irresponsible consumption of

15  alcoholic beverages and the possession and consumption of

16  alcoholic beverages by students under 21 years of age. The

17  board shall conduct an annual evaluation of the effectiveness

18  of this plan.

19         Section 5.  Paragraph (j) is added to subsection (10)

20  of section 1001.74, Florida Statutes, to read:

21         1001.74  Powers and duties of university boards of

22  trustees.--

23         (10)  Each board of trustees has responsibility for

24  policies related to students, enrollment of students, student

25  activities and organizations, financial assistance, and other

26  student services.

27         (j)  To the extent delegated by the Board of Governors,

28  each board of trustees shall establish a plan to reduce and

29  eliminate the irresponsible consumption of alcoholic beverages

30  and the possession and consumption of alcoholic beverages by

31  

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 1  students under 21 years of age. The board shall conduct an

 2  annual evaluation of the effectiveness of that plan.

 3         Section 6.  This act shall take effect July 1, 2007.

 4  

 5          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 6                         Senate Bill 1954

 7                                 

 8  The committee substitute (CS) amends s. 562.11, to clarify
    that it is unlawful for any licensee or his or her or its
 9  agents, officers, servants, or employees to permit a person
    under 21 years of age to consume or possess alcoholic
10  beverages on the licensed premises.

11  The CS does not provide for the confiscation of fraudulent
    driver's licenses and identification cards.
12  
    The CS does not prohibit the consumption of alcoholic
13  beverage, and the intoxication by consumption of an alcoholic
    beverage, by persons under 21 years of age.
14  
    The CS amends s. 1001.02(10), F.S., to specify the issues that
15  the report must address.  The CS requires that the report
    must:
16  
    -    Detail schools' policies and practices regarding the use
17       and possession of alcohol;

18  -    Collect data that reflects the universities' experience
         with students;
19  
    -    Provide information to provide a context for useful
20       comparative analysis between universities; and

21  -    Assess the effectiveness of the education, prevention,
         intervention, and enforcement efforts.
22  
    It also deletes all references to illicit drugs and limits the
23  reporting requirement to the state universities by deleting
    the references to the community colleges.  The CS also does
24  not require that the report include the number of
    alcohol-related hospitalizations.
25  
    The CS provides that the report must reflect the period of
26  July 1, through June 30 of each year.  It also changes the due
    date for the first report to November 15, 2008, and for
27  November 15 of each successive year.

28  

29  

30  

31  

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