1 | A bill to be entitled |
2 | An act relating to alcoholic beverage offenses; amending |
3 | s. 562.111, F.S.; prohibiting consumption of alcoholic |
4 | beverages by persons under age 21; providing that a first |
5 | violation by certain persons is a civil infraction; |
6 | providing penalties; providing for participation in |
7 | specified programs by violators; requiring participation |
8 | in a drug and alcohol education program; requiring an |
9 | alcohol and drug evaluation and any necessary treatment; |
10 | requiring community service; providing for driver's |
11 | license sanctions; providing an effective date. |
12 |
|
13 | Be It Enacted by the Legislature of the State of Florida: |
14 |
|
15 | Section 1. Section 562.111, Florida Statutes, is amended |
16 | to read: |
17 | 562.111 Possession or consumption of alcoholic beverages |
18 | by persons under age 21 prohibited.-- |
19 | (1)(a) It is unlawful for any person under the age of 21 |
20 | years, except a person employed under the provisions of s. |
21 | 562.13 acting in the scope of her or his employment, to have in |
22 | her or his possession alcoholic beverages, except that nothing |
23 | contained in this subsection shall preclude the employment of |
24 | any person 18 years of age or older in the sale, preparation, or |
25 | service of alcoholic beverages in licensed premises in any |
26 | establishment licensed by the Division of Alcoholic Beverages |
27 | and Tobacco or the Division of Hotels and Restaurants. |
28 | (b) It is unlawful for any person under the age of 21 |
29 | years to consume any alcoholic beverages. |
30 | (2)(a) Notwithstanding the provisions of s. 562.45, any |
31 | person under the age of 18 years who receives a first citation |
32 | for a violation of this section commits a civil infraction and |
33 | is subject to the juvenile civil citation program in s. 985.12 |
34 | and is also subject to the penalties in subsection (4). |
35 | (b) For a first violation, any person 18 years of age or |
36 | over and any person under the age of 21 who is convicted of a |
37 | violation of this section commits subsection is guilty of a |
38 | misdemeanor of the second degree, punishable as provided in s. |
39 | 775.082 or s. 775.083 and is also subject to the penalties in |
40 | subsection (4).; however, |
41 | (c) Any person under the age of 18 21 who has been cited |
42 | as a juvenile for a violation of this section and any person 18 |
43 | years of age and under the age of 21 years who has been |
44 | previously convicted of a violation of this section subsection |
45 | and who is thereafter commits convicted of a second or |
46 | subsequent further violation of this section commits subsection |
47 | is, upon conviction of the further offense, guilty of a |
48 | misdemeanor of the first degree, punishable as provided in s. |
49 | 775.082 or s. 775.083 and is also subject to the penalties in |
50 | subsection (4). |
51 | (3) A law enforcement officer has the discretion to issue |
52 | a notice to appear for a first violation of this section. |
53 | (4) In addition to any sanctions ordered under s. 775.082 |
54 | or s. 775.083, a violation of this section is punishable as |
55 | follows: |
56 | (a) For a first violation, if the violator is under 18 |
57 | years of age, the violator is subject to the juvenile civil |
58 | citation program as provided in s. 985.12, if the county within |
59 | which the violation occurs or a county to which supervision is |
60 | transferred offers the program. If the juvenile citation program |
61 | is not offered, the violator shall pay a fine in the amount of |
62 | $250 and is also subject to the penalties in paragraphs (b)-(e). |
63 | For a first violation, if the violator is 18 years of age or |
64 | older, the violator is eligible for a misdemeanor intervention |
65 | program. The intervention program can be transferred to another |
66 | jurisdiction, if the transferee jurisdiction offers a similar |
67 | program. |
68 | (b) All violators shall attend a 4-hour alcohol and drug |
69 | education program approved by the Department of Highway Safety |
70 | and Motor Vehicles and offered by a DUI program licensed by the |
71 | department or offered by a substance abuse program provider |
72 | licensed by the Department of Children and Family Services. The |
73 | violator shall pay the costs for the program. If the violator is |
74 | under 18 years of age, the court may require the parent or |
75 | guardian of the violator to attend the program with the |
76 | violator. |
77 | (c) The court may order the violator to submit to an |
78 | alcohol and drug evaluation, approved by the Department of |
79 | Highway Safety and Motor Vehicles and offered by a DUI program |
80 | licensed by the department or offered by a substance abuse |
81 | program provider licensed by the Department of Children and |
82 | Family Services, and the violator must complete any treatment |
83 | deemed necessary by the evaluator. The violator shall pay all |
84 | costs associated with the evaluation and treatment. |
85 | (d) All violators shall serve 10 hours of community |
86 | service for the first violation. For a second or subsequent |
87 | violation, all violators shall serve 20 hours of community |
88 | service. The community service hours must be related to alcohol |
89 | and drug abuse education, prevention, or treatment. However, if |
90 | programs or services providing that education are not available, |
91 | the court may order community service that it considers |
92 | appropriate for rehabilitative purposes. |
93 | (e) In addition to any other penalty provided s. 322.056, |
94 | if the violator convicted of a first violation does not complete |
95 | the required community service, alcohol and drug education |
96 | program, and alcohol assessment within 6 months, the court shall |
97 | direct the Department of Highway Safety and Motor Vehicles to |
98 | withhold issuance of the violator's driver's license for 6 |
99 | months if the violator has not received a driver's license at |
100 | the time of the violation or suspend the violator's driver's |
101 | license for 6 months if the violator has a driver's license at |
102 | the time of the violation. In addition to any other penalty |
103 | provided in s. 322.056, if a violator convicted of a second or |
104 | subsequent violation of this section does not complete the |
105 | required community service, alcohol and drug education program, |
106 | and alcohol assessment within 1 year, the court shall direct the |
107 | Department of Highway Safety and Motor Vehicles to withhold |
108 | issuance of the violator's driver's license for 1 year if the |
109 | violator has not received a driver's license at the time of the |
110 | violation or suspend the violator's driver's license for 1 year |
111 | if the violator has a driver's license at the time of the |
112 | violation. |
113 | (5)(2) The prohibition in this section against the |
114 | possession of alcoholic beverages does not apply to the tasting |
115 | of alcoholic beverages by a student who is at least 18 years of |
116 | age, who is tasting the alcoholic beverages as part of the |
117 | student's required curriculum at a postsecondary educational |
118 | institution that is institutionally accredited by an agency |
119 | recognized by the United States Department of Education and that |
120 | is licensed or exempt from licensure pursuant to the provisions |
121 | of chapter 1005 or is a public postsecondary education |
122 | institution; if the student is enrolled in the college and is |
123 | tasting the alcoholic beverages only for instructional purposes |
124 | during classes that are part of such a curriculum; if the |
125 | student is allowed only to taste, but not consume or imbibe, the |
126 | alcoholic beverages; and if the alcoholic beverages at all times |
127 | remain in the possession and control of authorized instructional |
128 | personnel of the college who are 21 years of age or older. |
129 | (6)(3) In addition to any other penalty imposed for a |
130 | violation of this section subsection (1), the court shall direct |
131 | the Department of Highway Safety and Motor Vehicles to withhold |
132 | issuance of, or suspend or revoke, the violator's driver's |
133 | license or driving privilege, as provided in s. 322.056. |
134 | Section 2. This act shall take effect October 1, 2008. |