Senate Bill sb0376

    Florida Senate - 2007                                   SB 376

    By Senator Posey





    24-408-07

  1                      A bill to be entitled

  2         An act relating to alcoholic beverages;

  3         amending s. 768.125, F.S.; providing that the

  4         failure of a person to check an identification

  5         document of a person to whom an alcoholic

  6         beverage is served before serving the alcoholic

  7         beverage creates a rebuttable presumption that

  8         the person willfully and unlawfully sold or

  9         furnished an alcoholic beverage to a person who

10         is not of lawful drinking age; defining the

11         term "identification document"; providing an

12         effective date.

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

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16         Section 1.  Section 768.125, Florida Statutes, is

17  amended to read:

18         768.125  Liability for injury or damage resulting from

19  intoxication.--

20         (1)  A person who sells or furnishes alcoholic

21  beverages to a person of lawful drinking age shall not thereby

22  become liable for injury or damage caused by or resulting from

23  the intoxication of such person, except that a person who

24  willfully and unlawfully sells or furnishes alcoholic

25  beverages to a person who is not of lawful drinking age or who

26  knowingly serves a person habitually addicted to the use of

27  any or all alcoholic beverages may become liable for injury or

28  damage caused by or resulting from the intoxication of such

29  minor or person.

30         (2)(a)  The failure of a person to check an

31  identification document of a person to whom an alcoholic

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






    Florida Senate - 2007                                   SB 376
    24-408-07




 1  beverage is served before serving the alcoholic beverage to

 2  that person creates a rebuttable presumption that the person

 3  willfully and unlawfully sold or furnished an alcoholic

 4  beverage to a person who is not of lawful drinking age.

 5         (b)  As used in this subsection, the term

 6  "identification document" includes a driver's license, an

 7  identification card issued under s. 322.051, a comparable

 8  identification card issued by another state or political

 9  subdivision which indicates the person's age, a passport, a

10  United States Uniformed Services identification card, or other

11  document issued for the purpose of indicating a person's true

12  name and age.

13         Section 2.  This act shall take effect July 1, 2007.

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16                          SENATE SUMMARY

17    Provides that the failure of a person to check an
      identification document of a person to whom an alcoholic
18    beverage is served before serving the alcoholic beverage
      creates a rebuttable presumption that the person
19    willfully and unlawfully sold or furnished an alcoholic
      beverage to a person who is not of lawful drinking age.
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CODING: Words stricken are deletions; words underlined are additions.