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Florida Senate - 2007 (PROPOSED COMMITTEE BILL) SPB 7056
FOR CONSIDERATION By the Committee on Regulated Industries
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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 authorizing a licensee to seize the driver's
8 license or identification card of a person who
9 uses such license or card to misrepresent or
10 misstate his or her age or the age of another
11 person; providing procedures for such seizure;
12 providing that seizing or failing to seize a
13 license or card does not create liability on
14 the part of the licensee; amending s. 562.111,
15 F.S.; prohibiting a person younger than 21
16 years of age from consuming alcoholic beverages
17 or being intoxicated; specifying standards,
18 including blood-alcohol and breath-alcohol
19 levels, for determining whether such a person
20 has consumed alcoholic beverages or is
21 intoxicated; amending s. 562.45, F.S.;
22 clarifying that the Beverage Law does not
23 impair the authority of a county or
24 incorporated municipality to enact ordinances
25 regulating drink specials; amending s. 322.056,
26 F.S.; providing that the penalty of suspending
27 or revoking a driver's license or privilege for
28 the offense of unlawfully serving alcoholic
29 beverages to a person younger than 21 years of
30 age applies to persons older than 18 years of
31 age; amending s. 1001.02, F.S.; requiring the
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1 State Board of Education to annually report the
2 occurrence of alcohol and illicit drug abuse on
3 college and university campuses; providing
4 requirements for the report; requiring that the
5 report be submitted to the Governor and the
6 Legislature; amending ss. 1001.64 and 1001.74,
7 F.S.; requiring that the board of trustees at
8 each community college and university establish
9 a plan for reducing and eliminating alcohol and
10 illicit drug abuse at the community college or
11 university; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Section 562.11, Florida Statutes, is
16 amended to read:
17 562.11 Selling, giving, or serving alcoholic beverages
18 to person under age 21; providing a proper name;
19 misrepresenting or misstating age or age of another to induce
20 licensee to serve alcoholic beverages to person under 21;
21 penalties.--
22 (1)(a)1. It is unlawful for any person to sell, give,
23 serve, or permit to be served alcoholic beverages to a person
24 under 21 years of age. It is unlawful for any person or to
25 permit a person under 21 years of age to consume such
26 beverages on the licensed premises. A person who violates this
27 subparagraph commits a misdemeanor of the second degree,
28 punishable as provided in s. 775.082 or s. 775.083.
29 2. In addition to any other penalty imposed for a
30 violation of subparagraph 1., the court may order the
31 Department of Highway Safety and Motor Vehicles to withhold
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1 the issuance of, or suspend or revoke, the driver's license or
2 driving privilege, as provided in s. 322.057, of any person
3 who violates subparagraph 1. This subparagraph does not apply
4 to a licensee, as defined in s. 561.01, who violates
5 subparagraph 1. while acting within the scope of his or her
6 license or an employee or agent of a licensee, as defined in
7 s. 561.01, who violates subparagraph 1. while engaged within
8 the scope of his or her employment or agency.
9 (b) A licensee, or his or her or its agents, officers,
10 servants, or employees, may not provide alcoholic beverages to
11 a person younger than 21 years of age who is employed by the
12 licensee except as authorized pursuant to s. 562.111 or s.
13 562.13, and may not permit a person younger than 21 years of
14 age who is employed by the licensee to consume alcoholic
15 beverages on the licensed premises or elsewhere while in the
16 scope of employment. A licensee, or his or her or its agents,
17 officers, servants, or employees, who violates this paragraph
18 commits a misdemeanor of the first degree, punishable as
19 provided in s. 775.082 or s. 775.083. This paragraph may be
20 cited as "the Christopher Fugate Act."
21 (c) A licensee who violates paragraph (a) shall have a
22 complete defense to any civil action therefor, except for any
23 administrative action by the division under the Beverage Law,
24 if, at the time the alcoholic beverage was sold, given,
25 served, or permitted to be served, the person falsely
26 evidenced that he or she was of legal age to purchase or
27 consume the alcoholic beverage and the appearance of the
28 person was such that an ordinarily prudent person would
29 believe him or her to be of legal age to purchase or consume
30 the alcoholic beverage and if the licensee carefully checked
31 one of the following forms of identification with respect to
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1 the person: a driver's license, an identification card issued
2 under the provisions of s. 322.051 or, if the person is
3 physically handicapped as defined in s. 553.45(1), a
4 comparable identification card issued by another state which
5 indicates the person's age, a passport, or a United States
6 Uniformed Services identification card, and acted in good
7 faith and in reliance upon the representation and appearance
8 of the person in the belief that he or she was of legal age to
9 purchase or consume the alcoholic beverage. Nothing herein
10 shall negate any cause of action which arose prior to June 2,
11 1978.
12 (d) A licensee, or his or her agent or employee, may
13 seize any driver's license or identification card that is
14 presented by a person for the purpose of misrepresenting or
15 misstating that person's age or the age of any other person in
16 violation of this subsection. A receipt must be provided to
17 any person from whom a driver's license or identification card
18 is seized and, within a reasonable period that may not exceed
19 72 hours, the seized identification must be provided to the
20 division, the Department of Highway Safety and Motor Vehicles,
21 or a local law enforcement agency having jurisdiction over the
22 licensed premises. The receipt must identify the agency to
23 which the driver's license or identification card will be
24 given and from which it can be reclaimed and the location of
25 that agency. The decision by a licensee, or his or her agent
26 or employee, to seize or not to seize a driver's license or
27 identification card pursuant to the provisions of this
28 paragraph does not create any civil or criminal liability on
29 the part of the licensee or his or her agent or employee.
30 (2) It is unlawful for any person to misrepresent or
31 misstate his or her age or the age of any other person for the
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1 purpose of inducing any licensee or his or her agents or
2 employees to sell, give, serve, or deliver any alcoholic
3 beverages to a person under 21 years of age, or for any person
4 under 21 years of age to purchase or attempt to purchase
5 alcoholic beverages.
6 (a) Anyone convicted of violating the provisions of
7 this subsection is guilty of a misdemeanor of the second
8 degree, punishable as provided in s. 775.082 or s. 775.083.
9 (b) Any person under the age of 17 years who violates
10 such provisions shall be within the jurisdiction of the judge
11 of the circuit court and shall be dealt with as a juvenile
12 delinquent according to law.
13 (c) In addition to any other penalty imposed for a
14 violation of this subsection, if a person uses a driver's
15 license or identification card issued by the Department of
16 Highway Safety and Motor Vehicles in violation of this
17 subsection, the court:
18 1. May order the person to participate in public
19 service or a community work project for a period not to exceed
20 40 hours; and
21 2. Shall direct the Department of Highway Safety and
22 Motor Vehicles to withhold issuance of, or suspend or revoke,
23 the person's driver's license or driving privilege, as
24 provided in s. 322.056.
25 (3) Any person under the age of 21 years testifying in
26 any criminal prosecution or in any hearing before the division
27 involving the violation by any other person of the provisions
28 of this section may, at the discretion of the prosecuting
29 officer, be given full and complete immunity from prosecution
30 for any violation of law revealed in such testimony that may
31 be or may tend to be self-incriminating, and any such person
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1 under 21 years of age so testifying, whether under subpoena or
2 otherwise, shall be compelled to give any such testimony in
3 such prosecution or hearing for which immunity from
4 prosecution therefor is given.
5 (4) This section does not apply to a person who gives,
6 serves, or permits to be served an alcoholic beverage to a
7 student who is at least 18 years of age, if the alcoholic
8 beverage is delivered as part of the student's required
9 curriculum at a postsecondary educational institution that is
10 institutionally accredited by an agency recognized by the
11 United States Department of Education and is licensed or
12 exempt from licensure pursuant to the provisions of chapter
13 1005 or that is a public postsecondary education institution;
14 if the student is enrolled in the college and is required to
15 taste alcoholic beverages that are provided only for
16 instructional purposes during classes conducted under the
17 supervision of authorized instructional personnel pursuant to
18 such a curriculum; if the alcoholic beverages are never
19 offered for consumption or imbibed by such a student and at
20 all times remain in the possession and control of such
21 instructional personnel, who must be 21 years of age or older;
22 and if each participating student executes a waiver and
23 consent in favor of the state and indemnifies the state and
24 holds it harmless.
25 Section 2. Section 562.111, Florida Statutes, is
26 amended to read:
27 562.111 Possession of alcoholic beverages by persons
28 under age 21 prohibited.--
29 (1) It is unlawful for any person under the age of 21
30 years, except a person employed under the provisions of s.
31 562.13 acting in the scope of her or his employment, to have
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1 in her or his possession alcoholic beverages, to consume
2 alcoholic beverages, or to be intoxicated by consumption of an
3 alcoholic beverage. except that nothing contained in This
4 subsection does not shall preclude the employment of any
5 person 18 years of age or older in the sale, preparation, or
6 service of alcoholic beverages in licensed premises in any
7 establishment licensed by the Division of Alcoholic Beverages
8 and Tobacco or the Division of Hotels and Restaurants.
9 Notwithstanding the provisions of s. 562.45, any person under
10 the age of 21 who is convicted of a violation of this
11 subsection is guilty of a misdemeanor of the second degree,
12 punishable as provided in s. 775.082 or s. 775.083; however,
13 any person under the age of 21 who has been convicted of a
14 violation of this subsection and who is thereafter convicted
15 of a further violation of this subsection is, upon conviction
16 of the further offense, guilty of a misdemeanor of the first
17 degree, punishable as provided in s. 775.082 or s. 775.083.
18 (2) The prohibition in this section against the
19 possession of alcoholic beverages does not apply to the
20 tasting of alcoholic beverages by a student who is at least 18
21 years of age, who is tasting the alcoholic beverages as part
22 of the student's required curriculum at a postsecondary
23 educational institution that is institutionally accredited by
24 an agency recognized by the United States Department of
25 Education and that is licensed or exempt from licensure
26 pursuant to the provisions of chapter 1005 or is a public
27 postsecondary education institution; if the student is
28 enrolled in the college and is tasting the alcoholic beverages
29 only for instructional purposes during classes that are part
30 of such a curriculum; if the student is allowed only to taste,
31 but not consume or imbibe, the alcoholic beverages; and if the
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1 alcoholic beverages at all times remain in the possession and
2 control of authorized instructional personnel of the college
3 who are 21 years of age or older.
4 (3) In addition to any other penalty imposed for a
5 violation of subsection (1), the court shall direct the
6 Department of Highway Safety and Motor Vehicles to withhold
7 issuance of, or suspend or revoke, the violator's driver's
8 license or driving privilege, as provided in s. 322.056.
9 (4) For purposes of this section, it is prima facie
10 evidence that a person under the age of 21 years has consumed
11 an alcoholic beverage or is intoxicated by the consumption of
12 an alcoholic beverage if the person is affected to the extent
13 that the person's normal faculties are impaired, if the person
14 has a blood-alcohol level of 1.02 or more grams of alcohol per
15 100 milliliters of blood, or if the person has a
16 breath-alcohol level of 0.02 or more grams of alcohol per 210
17 liters of breath.
18 Section 3. Section 562.45, Florida Statutes, is
19 amended to read:
20 562.45 Penalties for violating Beverage Law; local
21 ordinances; prohibiting regulation of certain activities or
22 business transactions; requiring nondiscriminatory treatment;
23 providing exceptions.--
24 (1) Any person willfully and knowingly making any
25 false entries in any records required under the Beverage Law
26 or willfully violating any of the provisions of the Beverage
27 Law, concerning the excise tax herein provided for shall be
28 guilty of a felony of the third degree, punishable as provided
29 in s. 775.082, s. 775.083, or s. 775.084. It is unlawful for
30 any person to violate any provision of the Beverage Law, and
31 any provision of the Beverage Law for which no penalty has
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1 been provided shall be guilty of a misdemeanor of the second
2 degree, punishable as provided in s. 775.082 or s. 775.083;
3 provided, that any person who shall have been convicted of a
4 violation of any provision of the Beverage Law and shall
5 thereafter be convicted of a further violation of the Beverage
6 Law, shall, upon conviction of said further offense, be guilty
7 of a felony of the third degree, punishable as provided in s.
8 775.082, s. 775.083, or s. 775.084.
9 (2)(a) Nothing contained in the Beverage Law shall be
10 construed to affect or impair the power or right of any county
11 or incorporated municipality of the state to enact ordinances
12 regulating drink specials, the hours of business, or and
13 location of place of business, or to enact ordinances and
14 prescribing sanitary regulations therefor, of any licensee
15 under the Beverage Law within the county or corporate limits
16 of such municipality. However, except for premises licensed on
17 or before July 1, 1999, and except for locations that are
18 licensed as restaurants, which derive at least 51 percent of
19 their gross revenues from the sale of food and nonalcoholic
20 beverages, pursuant to chapter 509, a location for on-premises
21 consumption of alcoholic beverages may not be located within
22 500 feet of the real property that comprises a public or
23 private elementary school, middle school, or secondary school
24 unless the county or municipality approves the location as
25 promoting the public health, safety, and general welfare of
26 the community under proceedings as provided in s. 125.66(4),
27 for counties, and s. 166.041(3)(c), for municipalities. This
28 restriction shall not, however, be construed to prohibit the
29 issuance of temporary permits to certain nonprofit
30 organizations as provided for in s. 561.422. The division may
31 not issue a change in the series of a license or approve a
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1 change of a licensee's location unless the licensee provides
2 documentation of proper zoning from the appropriate county or
3 municipal zoning authorities.
4 (b) Nothing in the Beverage Law shall be construed to
5 affect or impair the power or right of any county or
6 incorporated municipality of the state to enact ordinances
7 regulating the type of entertainment and conduct permitted in
8 any establishment licensed under the Beverage Law to sell
9 alcoholic beverages for consumption on the premises, or any
10 bottle club licensed under s. 561.14, which is located within
11 such county or municipality.
12 (c) A county or municipality may not enact any
13 ordinance that regulates or prohibits those activities or
14 business transactions of a licensee regulated by the Division
15 of Alcoholic Beverages and Tobacco under the Beverage Law.
16 Except as otherwise provided in the Beverage Law, a local
17 government, when enacting ordinances designed to promote and
18 protect the general health, safety, and welfare of the public,
19 shall treat a licensee in a nondiscriminatory manner and in a
20 manner that is consistent with the manner of treatment of any
21 other lawful business transacted in this state. Nothing in
22 this section shall be construed to affect or impair the
23 enactment or enforcement by a county or municipality of any
24 zoning, land development or comprehensive plan regulation or
25 other ordinance authorized under ss. 1, 2, and 5, Art. VIII of
26 the State Constitution.
27 Section 4. Section 322.056, Florida Statutes, is
28 amended to read:
29 322.056 Mandatory revocation or suspension of, or
30 delay of eligibility for, driver's license for persons under
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1 age 18 found guilty of certain alcohol, drug, or tobacco
2 offenses; prohibition.--
3 (1) Notwithstanding the provisions of s. 322.055, if a
4 person under 18 years of age is found guilty of or delinquent
5 for a violation of s. 562.11(2), s. 562.111, or chapter 893,
6 and:
7 (a) The person is eligible by reason of age for a
8 driver's license or driving privilege, the court shall direct
9 the department to revoke or to withhold issuance of his or her
10 driver's license or driving privilege for a period of:
11 1. Not less than 6 months and not more than 1 year for
12 the first violation.
13 2. Two years, for a subsequent violation.
14 (b) The person's driver's license or driving privilege
15 is under suspension or revocation for any reason, the court
16 shall direct the department to extend the period of suspension
17 or revocation by an additional period of:
18 1. Not less than 6 months and not more than 1 year for
19 the first violation.
20 2. Two years, for a subsequent violation.
21 (c) The person is ineligible by reason of age for a
22 driver's license or driving privilege, the court shall direct
23 the department to withhold issuance of his or her driver's
24 license or driving privilege for a period of:
25 1. Not less than 6 months and not more than 1 year
26 after the date on which he or she would otherwise have become
27 eligible, for the first violation.
28 2. Two years after the date on which he or she would
29 otherwise have become eligible, for a subsequent violation.
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1 However, the court may, in its sound discretion, direct the
2 department to issue a license for driving privileges
3 restricted to business or employment purposes only, as defined
4 in s. 322.271, if the person is otherwise qualified for such a
5 license.
6 (2) If a person under 18 years of age is found by the
7 court to have committed a noncriminal violation under s.
8 569.11 and that person has failed to comply with the
9 procedures established in that section by failing to fulfill
10 community service requirements, failing to pay the applicable
11 fine, or failing to attend a locally available school-approved
12 anti-tobacco program, and:
13 (a) The person is eligible by reason of age for a
14 driver's license or driving privilege, the court shall direct
15 the department to revoke or to withhold issuance of his or her
16 driver's license or driving privilege as follows:
17 1. For the first violation, for 30 days.
18 2. For the second violation within 12 weeks of the
19 first violation, for 45 days.
20 (b) The person's driver's license or driving privilege
21 is under suspension or revocation for any reason, the court
22 shall direct the department to extend the period of suspension
23 or revocation by an additional period as follows:
24 1. For the first violation, for 30 days.
25 2. For the second violation within 12 weeks of the
26 first violation, for 45 days.
27 (c) The person is ineligible by reason of age for a
28 driver's license or driving privilege, the court shall direct
29 the department to withhold issuance of his or her driver's
30 license or driving privilege as follows:
31 1. For the first violation, for 30 days.
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1 2. For the second violation within 12 weeks of the
2 first violation, for 45 days.
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4 Any second violation of s. 569.11 not within the 12-week
5 period after the first violation will be treated as a first
6 violation and in the same manner as provided in this
7 subsection.
8 (3) If a person under 18 years of age is found by the
9 court to have committed a third violation of s. 569.11 within
10 12 weeks of the first violation, the court must direct the
11 Department of Highway Safety and Motor Vehicles to suspend or
12 withhold issuance of his or her driver's license or driving
13 privilege for 60 consecutive days. Any third violation of s.
14 569.11 not within the 12-week period after the first violation
15 will be treated as a first violation and in the same manner as
16 provided in subsection (2).
17 (4) A penalty imposed under this section shall be in
18 addition to any other penalty imposed by law.
19 (5) The suspension or revocation of a person's
20 driver's license imposed pursuant to subsection (2) or
21 subsection (3), shall not result in or be cause for an
22 increase of the convicted person's, or his or her parent's or
23 legal guardian's, automobile insurance rate or premium or
24 result in points assessed against the person's driving record.
25 Section 5. Subsection (10) is added to section
26 1001.02, Florida Statutes, to read:
27 1001.02 General powers of State Board of Education.--
28 (10) The State Board of Education, in conjunction with
29 the Board of Governors, shall develop an annual report
30 regarding the extent of alcohol and illicit drug abuse,
31 including underage alcohol use, at the state universities and
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1 community colleges and by college and university students. The
2 report must review the enforcement, prevention, and
3 intervention policies and practices of the state universities
4 and community colleges. The report shall address the need for
5 uniform reporting, data collection, and recordkeeping by the
6 state universities and community colleges. The report must
7 provide and delineate its findings for each state university
8 and community college.
9 (a) At a minimum, the report must:
10 1. Detail the policies and practices of each
11 university and community college regarding the use and
12 possession of alcohol, including the extent to which alcohol
13 use and possession is permitted in campus housing, dining, and
14 meeting facilities and during university-sponsored events,
15 including on-campus and off-campus athletic events.
16 2. Specify which universities and community colleges
17 notify the parent or legal guardian of a student under 21
18 years of age regarding a violation by the student of the
19 institution's policies governing the use or possession of
20 alcohol or illicit drugs.
21 3. Identify the number of alcohol-related deaths of
22 students, including deaths occurring during school term breaks
23 and occurring off-campus. The term "alcohol-related deaths"
24 includes deaths in which the use of alcohol or illicit drug
25 use was a contributing factor.
26 4. Identify the number of alcohol-related and illicit
27 drug-related incidents on the campuses of the state
28 universities, including incidents involving students and
29 nonstudents, and specify the number of persons involved. The
30 term "incidents" includes violations of the alcohol and
31 illicit drug policies of the colleges and universities and
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1 violations of state law in which alcohol or illicit drug use
2 was a contributing factor.
3 5. Identify the number of alcohol-related
4 hospitalizations of students. The term "alcohol-related
5 hospitalizations" means incidents in which a student requires
6 medical treatment for injuries or other medical conditions
7 related to the abuse or excessive consumption of illicit drugs
8 or alcohol.
9 6. Identify the on-campus and off-campus programs that
10 are designed to deter and prevent the use of alcohol, the
11 abuse of alcohol and illicit drugs, and the consumption of
12 alcohol by underage persons.
13 7. Identify the number of alcohol and illicit drug
14 violations of each institution's student code of conduct,
15 including an accounting of the penalties imposed.
16 (b) The annual report must include an assessment of
17 progress made in reducing the incidence of alcohol and illicit
18 drug abuse, including alcohol use by underage persons, at the
19 state universities and community colleges and by students, and
20 must specify the practices and policies that need improvement.
21 The annual report shall be submitted by July 1, 2008, and by
22 July 1 in each successive year, to the Governor, the President
23 of the Senate, and the Speaker of the House of
24 Representatives.
25 (c) The State Board of Education shall encourage the
26 nonpublic universities and colleges to contribute to the
27 findings of the annual report and to participate in its
28 preparation.
29 Section 6. Paragraph (h) is added to subsection (8) of
30 section 1001.64, Florida Statutes, to read:
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1 1001.64 Community college boards of trustees; powers
2 and duties.--
3 (8) Each board of trustees has authority for policies
4 related to students, enrollment of students, student records,
5 student activities, financial assistance, and other student
6 services.
7 (h) Each board of trustees shall establish a plan to
8 reduce and eliminate alcohol and illicit drug abuse, including
9 underage alcohol use, and conduct an annual evaluation of the
10 effectiveness of that plan.
11 Section 7. Paragraph (j) is added to subsection (10)
12 of section 1001.74, Florida Statutes, to read:
13 1001.74 Powers and duties of university boards of
14 trustees.--
15 (10) Each board of trustees has responsibility for
16 policies related to students, enrollment of students, student
17 activities and organizations, financial assistance, and other
18 student services.
19 (j) To the extent delegated by the Board of Governors
20 pursuant to s. 1001.706, each board of trustees shall
21 establish a plan to reduce and eliminate alcohol and illicit
22 drug abuse, including underage alcohol use, and conduct an
23 annual evaluation of the effectiveness of that plan.
24 Section 8. This act shall take effect July 1, 2007.
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2 SENATE SUMMARY
3 Revises various laws prohibiting a person younger than 21
years of age from consuming alcoholic beverages.
4 Authorizes a licensee to seize the driver's license or
identification card of a person who uses the license or
5 card to misrepresent or misstate his or her age or the
age of another person. Specifies standards, including
6 blood-alcohol and breath-alcohol levels, for determining
whether a person younger than 21 years of age has
7 consumed alcoholic beverages or is intoxicated. Provides
that the Beverage Law does not impair the authority of a
8 county or incorporated municipality to enact ordinances
regulating the conditions of selling, offering for sale,
9 or serving alcoholic beverages. Provides that the penalty
of suspending or revoking a driver's license or privilege
10 for the offense of serving alcoholic beverages to a
person younger than 21 years of age applies to persons
11 older than 18 years of age. Requires the State Board of
Education to annually report the occurrence of alcohol
12 and illicit drug abuse on college and university
campuses. Requires that the report be submitted to the
13 Governor and the Legislature. Requires that the board of
trustees at each community college and university
14 establish a plan for reducing and eliminating alcohol and
illicit drug abuse at the community college or
15 university.
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