Senate Bill sb1956
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 1956
By Senator Hill
1-1522A-07
1 A bill to be entitled
2 An act relating to underage drinking; amending
3 s. 561.703, F.S.; redefining the term "vendor";
4 amending s. 561.705, F.S.; requiring the
5 completion of a responsible-vendor training
6 program for all employees, all managers, and
7 certain licensees who sell, prepare, dispense,
8 serve, or otherwise deliver alcoholic beverages
9 during the course of employment; providing
10 requirements for a responsible-vendor training
11 program; providing that the program may be
12 conducted by the vendor or an approved and
13 certified responsible-vendor training provider;
14 authorizing the Division of Alcoholic Beverages
15 and Tobacco of the Department of Business and
16 Professional Regulation to refuse the renewal
17 of a license until the licensee has satisfied
18 all applicable training requirements; requiring
19 the division to adopt rules; repealing s.
20 561.706, F.S., relating to the exemption from
21 license suspension or revocation under certain
22 circumstances for licensees whose employees
23 sell or serve alcoholic beverages to underage
24 persons; creating s. 561.707, F.S.; requiring
25 the division to approve and certify providers
26 of responsible-vendor training; authorizing the
27 division to levy fines against, or revoke or
28 suspend the license of, any training provider
29 who fails to provide appropriate training
30 programs; providing a maximum fine; authorizing
31 the division to establish fees for persons
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 1956
1-1522A-07
1 seeking approval and certification to provide
2 responsible-vendor training, as well as a
3 biennial renewal fee; authorizing the division
4 to adopt rules; creating s. 561.708, F.S.;
5 requiring training providers to maintain and
6 make available certain information for a
7 certain length of time; requiring providers to
8 agree in writing to cooperate with the
9 department; authorizing the department to fine,
10 suspend, or revoke approval for providers under
11 certain circumstances; creating s. 563.09,
12 F.S.; defining the terms "keg" and
13 "keg-registration label"; providing for the
14 design of keg-registration labels; requiring
15 vendors selling kegs for off premises
16 consumption to place a specific type of
17 registration label on all kegs; requiring
18 vendors to require all purchasers to sign a
19 receipt when purchasing one or more kegs;
20 providing requirements for such receipts;
21 prohibiting the removal or damage of a
22 keg-registration label; prohibiting the return
23 of a keg-rental deposit in certain
24 circumstances; providing certain exemptions
25 from the label and receipt requirements;
26 providing that it is a second-degree
27 misdemeanor for any person who is not a vendor
28 or distributor to knowingly remove or make
29 unreadable all or part of a registration label,
30 to possess a keg that does not have a label
31 affixed, or to knowingly provide false
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 1956
1-1522A-07
1 information on a keg-registration receipt;
2 amending s. 1001.02, F.S.; requiring the State
3 Board of Education to develop an annual report
4 regarding the extent of alcohol and illicit
5 drug use in college communities; requiring that
6 the report contain certain information;
7 providing responsibilities of the board
8 regarding the submission of the report;
9 amending ss. 1001.64 and 1001.74, F.S.;
10 requiring each board of trustees to establish a
11 plan to reduce and eliminate alcohol and
12 illicit drug abuse and to evaluate that plan
13 annually; amending s. 1002.21, F.S.;
14 authorizing state universities and community
15 colleges to disclose information regarding
16 violations of law or policy related to alcohol
17 or illicit drug use or possession to the parent
18 or legal guardian of certain students;
19 requiring state universities and community
20 colleges to report such information to a
21 student's parent or legal guardian upon a
22 second or subsequent violation by the student;
23 providing an effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Subsection (2) of section 561.703, Florida
28 Statutes, is amended to read:
29 561.703 Definitions relating to Florida Responsible
30 Vendor Act.--As used in this act, the term:
31
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 1956
1-1522A-07
1 (2) "Vendor" means a person who is licensed pursuant
2 to this chapter, chapter 563, chapter 564, or chapter 565, to
3 sell or serve alcoholic beverages. However, vendors at grocery
4 or drug stores licensed under the provisions of s.
5 563.02(1)(a) or s. 564.02(1)(a), whose premises are in excess
6 of 5,000 square feet of floor space, shall be exempt from the
7 provisions of this act.
8 Section 2. Section 561.705, Florida Statutes, is
9 amended to read:
10 561.705 Responsible vendor training requirement
11 qualification.--To qualify as a responsible vendor, the vendor
12 must:
13 (1) Each vendor must demonstrate that all of his or
14 her employees who as part of their employment responsibilities
15 sell, prepare, dispense, serve, or otherwise deliver alcoholic
16 beverages directly to patrons of the licensed establishment,
17 who check the identification of patrons, or who manage
18 employees who perform such tasks have successfully completed a
19 responsible-vendor training program approved and certified by
20 the division. Each licensee who participates directly in the
21 management of the licensed premises must also successfully
22 complete a responsible-vendor training program approved and
23 certified by the division. The required responsible-vendor
24 program must:
25 (a)(1) Provide a course of instruction for its
26 employees that must include subjects dealing with alcoholic
27 beverages and may also include subjects dealing with
28 controlled substances as follows:
29 1.(a) Laws covering the service of alcoholic beverages
30 and the operation of establishments serving alcoholic
31 beverages.
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 1956
1-1522A-07
1 2.(b) Alcohol or controlled substances or both as a
2 drug and its effects on the body and behavior, including its
3 effects on a person operating a motor vehicle.
4 3.(c) Effects of alcohol in combination with commonly
5 used drugs, both legal and illegal.
6 4.(d) Methods of recognizing and dealing with
7 underaged customers.
8 5.(e) Methods for dealing with customers, and for
9 dealing with employees, who use or traffic in illegal drugs.
10 (b)(2) Provide an alcohol server management course for
11 managers of establishments that sell alcoholic beverages. The
12 course must include subjects on alcoholic beverages and may
13 include subjects on controlled substances as follows:
14 1.(a) Laws governing the service of alcoholic
15 beverages and the operation of establishments serving
16 alcoholic beverages.
17 2.(b) Development of standard operating procedures for
18 dealing with underaged customers.
19 3.(c) Development of standard operating procedures for
20 dealing with customers, and for dealing with employees, who
21 use or traffic in illegal drugs.
22 4.(d) Methods of assisting employees in dealing with
23 underaged customers and in maintaining records that relate to
24 such incidents.
25 (c)(3) Require each nonmanagerial employee who is
26 employed to serve alcoholic beverages to complete the employee
27 training course specified in paragraph (a) subsection (1)
28 within 30 days after commencing employment. The vendor must
29 provide for the supervision of such an employee in the service
30 of alcoholic beverages until the employee has received such
31 training.
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 1956
1-1522A-07
1 (d)(4) Require each managerial employee to complete
2 the managerial training course specified in paragraph (b)
3 subsection (2) within 15 days after commencing employment.
4 (e)(5) Require all employees to attend one meeting
5 every 4 months. Each meeting must include the dissemination of
6 information covering the applicable subjects specified in this
7 section and an explanation of the vendor's policies and
8 procedures relating to those subjects.
9 (f)(6) Require each employee, as a condition of her or
10 his initial employment, to complete a written questionnaire
11 providing the vendor the same information as is required by
12 the division from persons who apply for alcoholic beverage
13 licenses and to determine therefrom whether the employee is
14 precluded by law from serving or selling alcoholic beverages;
15 however, employees of vendors licensed under s. 563.02(1)(a)
16 or s. 564.02(1)(a) shall not be subject to the requirements of
17 this subsection.
18 (g)(7) Establish a written policy under which any
19 employee who engages in the illegal use of controlled
20 substances on the licensed premises will be immediately
21 dismissed from employment and require each employee to
22 acknowledge the policy in writing.
23 (h)(8) Maintain employment records of the
24 applications, acknowledgments, and training of its employees
25 required by this section and records of the vendor's
26 enforcement of the policies requiring dismissal specified in
27 paragraph (g) subsection (7).
28 (i)(9) Post signs on the vendor's premises informing
29 customers of the vendor's policy against serving alcoholic
30 beverages to underaged persons and informing customers that
31 the purchase of alcoholic beverages by an underaged person or
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 1956
1-1522A-07
1 the illegal use of or trafficking in controlled substances
2 will result in ejection from the premises and prosecution.
3 (2) A vendor may conduct the program of
4 responsible-vendor training that complies with the provisions
5 of this section or may engage the services of an approved and
6 certified responsible-vendor training provider.
7 (3) The division shall establish a system to monitor
8 licensee compliance with applicable requirements and to
9 determine each licensee's responsible-vendor training status.
10 The division shall determine whether each licensee, manager,
11 and employee of the licensee is in full compliance with
12 applicable training requirements as of the time of the
13 licensee's license renewal.
14 (4) The division may refuse renewal of a licensee's
15 license until the licensee has satisfied all applicable
16 training requirements.
17 (5) The division may adopt rules under ss. 120.536(1)
18 and 120.54 to administer this section.
19 Section 3. Section 561.706, Florida Statutes, is
20 repealed.
21 Section 4. Section 561.707, Florida Statutes, is
22 created to read:
23 561.707 Responsible-vendor training provider and
24 program approval.--
25 (1) The division shall approve and certify providers
26 of responsible-vendor training. The approval of
27 responsible-vendor training providers and training programs
28 must be for a specified period not to exceed 4 years.
29 (2) The division shall issue an order requiring a
30 person or entity to cease and desist from offering any
31 responsible-vendor training for licensees and fining,
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 1956
1-1522A-07
1 suspending, or revoking any approval of a provider previously
2 granted by the division if the division finds that the person
3 or entity has failed to provide appropriate responsible-vendor
4 training programs that conform to approved training
5 requirements. The fine may not exceed $250 per violation.
6 (3) The division may establish, by rule, a fee not to
7 exceed $250 for any person seeking approval and certification
8 to provide responsible-vendor training and may establish, by
9 rule, a biennial fee not to exceed $250 for renewal.
10 (4) The division may adopt rules under ss. 120.536(1)
11 and 120.54 to administer this section.
12 Section 5. Section 561.708, Florida Statutes, is
13 created to read:
14 561.708 Responsible-vendor training providers.--
15 (1) Each responsible-vendor training provider shall
16 maintain and make available to the division upon request, in
17 an electronic format determined by the division, such
18 information regarding the training status of licensees, their
19 managers, and their employees as the division determines is
20 necessary to ensure compliance.
21 (2) Each responsible-vendor training provider shall
22 retain all records relating to completion of
23 responsible-vendor training for at least 3 years after
24 completion of a program of training.
25 (3) A responsible-vendor training provider may not be
26 approved, and the approval may not be renewed, unless the
27 provider agrees in writing to provide such cooperation as the
28 department deems necessary or appropriate.
29 (4) The department may fine, suspend, or revoke
30 approval of any responsible-vendor training provider that
31
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 1956
1-1522A-07
1 fails to comply with its responsibilities under this section.
2 The fine may not exceed $250 per violation.
3 (5) The department may adopt rules under ss.
4 120.536(1) and 120.54 to administer this section.
5 Section 6. Section 563.09, Florida Statutes, is
6 created to read:
7 563.09 Sale of kegs.--
8 (1) As used in this section, the term:
9 (a) "Keg" means any container capable of holding four
10 or more gallons of beer which is designed to dispense beer
11 directly from the container for the purpose of consumption.
12 (b) "Keg-registration label" means any document,
13 stamp, declaration, seal, decal, sticker, or device approved
14 by the division which is designed to be affixed to kegs and
15 which displays the identity of the vendor, a registration
16 number, and such other information as may be prescribed by the
17 division. The registration label shall consist of paper within
18 a clear protective coating made of durable material that is
19 not easily damaged or destroyed. The registration label may
20 contain a nonpermanent adhesive material facilitating
21 application of the label directly to an outside surface of a
22 keg or it may be attached to the keg on a tag with nylon ties
23 or cording, wire ties, other metal attachment devices, or by
24 other durable means of tying or attaching the tag to the keg.
25 The registration label shall be designed so that when the
26 label is affixed to a keg, the label or tag will not mar or
27 otherwise physically damage the keg.
28 (2) Vendors selling keg beer for off-premises
29 consumption shall place a keg-registration label on all kegs
30 of beer in order to allow kegs to be traced if the contents
31 are used in violation of the Beverage Law. The
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 1956
1-1522A-07
1 keg-registration label must be in the form of a numbered label
2 prescribed and supplied by the department which identifies the
3 vendor.
4 (3) The vendor shall require the purchaser of any keg
5 of beer to sign a receipt. The receipt must be on a form
6 prescribed by the division and must include the name and
7 address of the purchaser and the purchaser's driver's license
8 number or equivalent form of identification number.
9 (4) The receipt must provide a statement, signed by
10 the purchaser, which indicates that the purchaser is 21 years
11 of age or older, does not intend to allow persons under 21
12 years of age to consume the alcoholic beverages purchased, and
13 will not remove or make unreadable the keg-registration label
14 affixed to the keg or allow it to be removed or made
15 unreadable and that the purchaser acknowledges that removal or
16 making unreadable the keg-registration label or furnishing
17 alcoholic beverages to persons under the age of 21 years may
18 result in criminal prosecution.
19 (5) A vendor may not return any deposit upon the
20 return of any keg that does not have the identification label
21 required by this section.
22 (6) When the purchaser obtains more than one keg from
23 the same vendor on the same date, one keg-registration receipt
24 may be completed if all of the required information for each
25 keg is included on the receipt.
26 (7) A keg-registration label or receipt is not
27 required to sell beer in kegs to vendors for on-premises
28 consumption or to any caterer licensed under s. 561.20(2)(a)5.
29 or chapter 509.
30 (8) A person who is not a vendor or distributor acting
31 in the ordinary course of business may not knowingly remove
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 1956
1-1522A-07
1 from a beer keg all or part of a keg-registration label, make
2 unreadable all or any part of a required keg-registration
3 label, or possess a keg required to be registered under this
4 section which does not have the keg-registration label affixed
5 thereto. A person may not knowingly provide false information
6 on a keg-registration receipt. Any person who violates this
7 subsection commits a misdemeanor of the second degree,
8 punishable as provided in s. 775.082 or s. 775.083.
9 Section 7. Subsection (10) is added to section
10 1001.02, Florida Statutes, to read:
11 1001.02 General powers of State Board of Education.--
12 (10) The State Board of Education shall, in
13 conjunction with the board of governors, develop an annual
14 report regarding the extent of alcohol and illicit drug abuse,
15 including underage alcohol use by college and university
16 students at the state universities and community colleges. The
17 report must review the enforcement, prevention, and
18 intervention policies and practices of the state universities
19 and community colleges. The report shall address the need for
20 uniform reporting, data collection, and recordkeeping by the
21 state universities and community colleges. The report must
22 provide and delineate its findings for each state university
23 community.
24 (a) At a minimum, the report must:
25 1. Detail each university and community college's
26 policies and practices regarding the use and possession of
27 alcohol, including the extent to which alcohol use and
28 possession is permitted in campus housing and campus dining
29 and meeting facilities and during university-sponsored events,
30 including on-campus and off-campus athletic events;
31
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 1956
1-1522A-07
1 2. Specify which universities and community colleges
2 notify the parents or legal guardians of students under 21
3 years of age of violations of the institution's policies
4 governing the use or possession of alcohol or illicit drugs;
5 3. Identify the institution's number of
6 alcohol-related deaths by students, including deaths occurring
7 during breaks between the school terms and off-campus. The
8 term "alcohol-related deaths" includes deaths in which the use
9 of alcohol or illicit drug use was a contributing factor;
10 4. Identify the number of incidents related to alcohol
11 and illicit drugs on the campuses of the state universities,
12 including incidents involving students and nonstudents, and
13 specify the number of persons involved in each incident. The
14 term "incident" includes violations of the college or
15 university's alcohol and illicit drug policies and violations
16 of state law in which alcohol or illicit drug use was a
17 contributing factor;
18 5. Identify the number of alcohol-related
19 hospitalizations of students. The term "alcohol-related
20 hospitalizations" means incidents in which a student requires
21 medical treatment for injuries or other medical conditions
22 related to the abuse or excessive consumption of illicit drugs
23 or alcohol;
24 6. Identify the on-campus and off-campus programs
25 designed to deter and prevent the use or abuse of alcohol and
26 illicit drugs and underage alcohol consumption; and
27 7. Identify the number of violations of each
28 institution's student code of conduct related to alcohol or
29 illicit drugs, including an accounting of the penalties
30 imposed.
31
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 1956
1-1522A-07
1 (b) The annual report must include an assessment of
2 progress made to reduce the incidence of alcohol and illicit
3 drug violations and abuse, including underage alcohol use, at
4 the state universities and community colleges, and must
5 specify the practices and policies that need improvement. The
6 annual report shall be submitted by July 1, 2008, and by July
7 1 in each successive year, to the Governor, the President of
8 the Senate, and the Speaker of the House of Representatives.
9 (c) The State Board of Education shall encourage the
10 nonpublic universities and colleges of this state to
11 contribute to the findings of the annual report and to
12 participate in its preparation.
13 Section 8. Paragraph (h) is added to subsection (8) of
14 section 1001.64, Florida Statutes, to read:
15 1001.64 Community college boards of trustees; powers
16 and duties.--
17 (8) Each board of trustees has authority for policies
18 related to students, enrollment of students, student records,
19 student activities, financial assistance, and other student
20 services.
21 (h) Each board of trustees shall establish a plan to
22 reduce and eliminate alcohol and illicit drug abuse, including
23 underage alcohol use, and conduct an annual evaluation of the
24 effectiveness of that plan.
25 Section 9. Paragraph (j) is added to subsection (10)
26 of section 1001.74, Florida Statutes, to read:
27 1001.74 Powers and duties of university boards of
28 trustees.--
29 (10) Each board of trustees has responsibility for
30 policies related to students, enrollment of students, student
31
13
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 1956
1-1522A-07
1 activities and organizations, financial assistance, and other
2 student services.
3 (j) To the extent delegated by the board of governors
4 pursuant to s. 1001.706, each board of trustees shall
5 establish a plan to reduce and eliminate alcohol and illicit
6 drug abuse, including underage alcohol use, and conduct an
7 annual evaluation of the effectiveness of that plan.
8 Section 10. Subsection (7) is added to section
9 1002.21, Florida Statutes, to read:
10 1002.21 Postsecondary student and parent rights.--
11 (7) Each state university and community college may
12 disclose to the parent or legal guardian of a student
13 information regarding any violation of any state or local law,
14 rule, or policy of the institution regarding the use or
15 possession of alcohol or illicit drugs, regardless of whether
16 that information is contained in the student's education
17 records if:
18 (a) The student is under the age of 21; and
19 (b) The state university or college has determined
20 that the student has committed a disciplinary violation with
21 respect to such use or possession.
22
23 Upon a subsequent violation by the student of any state or
24 local law or rule or policy of the state university or college
25 regarding the use or possession of alcohol or illicit drugs,
26 the state university or college must disclose the violation to
27 the parent or legal guardian of the student.
28 Section 11. This act shall take effect July 1, 2007.
29
30
31
14
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 1956
1-1522A-07
1 *****************************************
2 SENATE SUMMARY
3 Requires the completion of a responsible-vendor training
program for all employees, all managers, and certain
4 licensees who sell, prepare, dispense, serve, or
otherwise deliver alcoholic beverages during the course
5 of their employment. Provides requirements for a
responsible-vendor training program. Provides that the
6 program may be conducted by either the vendor or an
approved and certified responsible-vendor training
7 provider. Authorizes the Division of Alcoholic Beverages
and Tobacco of the Department of Business and
8 Professional Regulation to refuse the renewal of a
license until the licensee has satisfied all applicable
9 training requirements. Requires the division to adopt
rules. Repeals s. 561.706, F.S., relating to the
10 exemption from license suspension or revocation under
certain circumstances for licensees whose employees sell
11 or serve alcoholic beverages to underage persons.
Requires the division to approve and certify providers of
12 responsible-vendor training. Authorizes the division to
levy fines against, or revoke or suspend the license of,
13 any training provider under certain circumstances. Sets a
maximum amount of $250 per violation for such fines.
14 Authorizes the division to establish, by rule, a maximum
fee of $250 and a biennial renewal fee for anyone seeking
15 approval and certification to provide responsible-vendor
training. Authorizes the division to adopt rules.
16 Requires training providers to maintain and make
available certain information. Requires providers to
17 agree in writing to cooperate with the department.
Authorizes the department to fine, suspend, or revoke
18 approval for providers under certain circumstances.
Provides for the design of keg-registration labels.
19 Requires certain vendors to place a specific type of
registration label on all kegs. Requires vendors to
20 require all purchasers to sign a receipt when purchasing
one or more kegs. Provides requirements for such
21 receipts. Prohibits the removal or damage of a
keg-registration label. Prohibits the return of a
22 keg-rental deposit in certain circumstances. Provides
certain exemptions from the label and receipt
23 requirements. Provides that it is a second-degree
misdemeanor for any person who is not a vendor or
24 distributor to knowingly remove or make unreadable all or
part of a registration label, to possess a keg that does
25 not have a label affixed, or to knowingly provide false
information on a keg-registration receipt. Requires the
26 State Board of Education to develop an annual report
regarding the extent of alcohol and illicit drug use in
27 college communities. Requires the report to contain
certain information. Provides responsibilities of the
28 board regarding the submission of the report. Requires
each college or university board of trustees to establish
29 a plan to reduce and eliminate alcohol and illicit drug
abuse and to evaluate that plan annually. Authorizes
30 state universities and community colleges to disclose
information regarding violations of law or policy related
31 to alcohol or illicit drug use or possession to the
parent or legal guardian of certain students. Requires
15
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 1956
1-1522A-07
1 state universities and community colleges to report such
information to a student's parent or legal guardian upon
2 a second or subsequent violation by the student.
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
16
CODING: Words stricken are deletions; words underlined are additions.