HB 1453

1
A bill to be entitled
2An act relating to alcoholic beverage offenses; amending
3s. 562.111, F.S.; prohibiting consumption of alcoholic
4beverages by persons under age 21; providing that a first
5violation by certain persons is a civil infraction;
6providing penalties; providing for participation in
7specified programs by violators; requiring participation
8in a drug and alcohol education program; requiring an
9alcohol and drug evaluation and any necessary treatment;
10requiring community service; providing for driver's
11license sanctions; providing an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Section 562.111, Florida Statutes, is amended
16to read:
17     562.111  Possession or consumption of alcoholic beverages
18by persons under age 21 prohibited.--
19     (1)(a)  It is unlawful for any person under the age of 21
20years, except a person employed under the provisions of s.
21562.13 acting in the scope of her or his employment, to have in
22her or his possession alcoholic beverages, except that nothing
23contained in this subsection shall preclude the employment of
24any person 18 years of age or older in the sale, preparation, or
25service of alcoholic beverages in licensed premises in any
26establishment licensed by the Division of Alcoholic Beverages
27and Tobacco or the Division of Hotels and Restaurants.
28     (b)  It is unlawful for any person under the age of 21
29years to consume any alcoholic beverages.
30     (2)(a)  Notwithstanding the provisions of s. 562.45, any
31person under the age of 18 years who receives a first citation
32for a violation of this section commits a civil infraction and
33is subject to the juvenile civil citation program in s. 985.12
34and is also subject to the penalties in subsection (4).
35     (b)  For a first violation, any person 18 years of age or
36over and any person under the age of 21 who is convicted of a
37violation of this section commits subsection is guilty of a
38misdemeanor of the second degree, punishable as provided in s.
39775.082 or s. 775.083 and is also subject to the penalties in
40subsection (4).; however,
41     (c)  Any person under the age of 18 21 who has been cited
42as a juvenile for a violation of this section and any person 18
43years of age and under the age of 21 years who has been
44previously convicted of a violation of this section subsection
45and who is thereafter commits convicted of a second or
46subsequent further violation of this section commits subsection
47is, upon conviction of the further offense, guilty of a
48misdemeanor of the first degree, punishable as provided in s.
49775.082 or s. 775.083 and is also subject to the penalties in
50subsection (4).
51     (3)  A law enforcement officer has the discretion to issue
52a notice to appear for a first violation of this section.
53     (4)  In addition to any sanctions ordered under s. 775.082
54or s. 775.083, a violation of this section is punishable as
55follows:
56     (a)  For a first violation, if the violator is under 18
57years of age, the violator is subject to the juvenile civil
58citation program as provided in s. 985.12, if the county within
59which the violation occurs or a county to which supervision is
60transferred offers the program. If the juvenile citation program
61is 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).
63For a first violation, if the violator is 18 years of age or
64older, the violator is eligible for a misdemeanor intervention
65program. The intervention program can be transferred to another
66jurisdiction, if the transferee jurisdiction offers a similar
67program.
68     (b)  All violators shall attend a 4-hour alcohol and drug
69education program approved by the Department of Highway Safety
70and Motor Vehicles and offered by a DUI program licensed by the
71department or offered by a substance abuse program provider
72licensed by the Department of Children and Family Services. The
73violator shall pay the costs for the program. If the violator is
74under 18 years of age, the court may require the parent or
75guardian of the violator to attend the program with the
76violator.
77     (c)  The court may order the violator to submit to an
78alcohol and drug evaluation, approved by the Department of
79Highway Safety and Motor Vehicles and offered by a DUI program
80licensed by the department or offered by a substance abuse
81program provider licensed by the Department of Children and
82Family Services, and the violator must complete any treatment
83deemed necessary by the evaluator. The violator shall pay all
84costs associated with the evaluation and treatment.
85     (d)  All violators shall serve 10 hours of community
86service for the first violation. For a second or subsequent
87violation, all violators shall serve 20 hours of community
88service. The community service hours must be related to alcohol
89and drug abuse education, prevention, or treatment. However, if
90programs or services providing that education are not available,
91the court may order community service that it considers
92appropriate for rehabilitative purposes.
93     (e)  In addition to any other penalty provided s. 322.056,
94if the violator convicted of a first violation does not complete
95the required community service, alcohol and drug education
96program, and alcohol assessment within 6 months, the court shall
97direct the Department of Highway Safety and Motor Vehicles to
98withhold issuance of the violator's driver's license for 6
99months if the violator has not received a driver's license at
100the time of the violation or suspend the violator's driver's
101license for 6 months if the violator has a driver's license at
102the time of the violation. In addition to any other penalty
103provided in s. 322.056, if a violator convicted of a second or
104subsequent violation of this section does not complete the
105required community service, alcohol and drug education program,
106and alcohol assessment within 1 year, the court shall direct the
107Department of Highway Safety and Motor Vehicles to withhold
108issuance of the violator's driver's license for 1 year if the
109violator has not received a driver's license at the time of the
110violation or suspend the violator's driver's license for 1 year
111if the violator has a driver's license at the time of the
112violation.
113     (5)(2)  The prohibition in this section against the
114possession of alcoholic beverages does not apply to the tasting
115of alcoholic beverages by a student who is at least 18 years of
116age, who is tasting the alcoholic beverages as part of the
117student's required curriculum at a postsecondary educational
118institution that is institutionally accredited by an agency
119recognized by the United States Department of Education and that
120is licensed or exempt from licensure pursuant to the provisions
121of chapter 1005 or is a public postsecondary education
122institution; if the student is enrolled in the college and is
123tasting the alcoholic beverages only for instructional purposes
124during classes that are part of such a curriculum; if the
125student is allowed only to taste, but not consume or imbibe, the
126alcoholic beverages; and if the alcoholic beverages at all times
127remain in the possession and control of authorized instructional
128personnel of the college who are 21 years of age or older.
129     (6)(3)  In addition to any other penalty imposed for a
130violation of this section subsection (1), the court shall direct
131the Department of Highway Safety and Motor Vehicles to withhold
132issuance of, or suspend or revoke, the violator's driver's
133license or driving privilege, as provided in s. 322.056.
134     Section 2.  This act shall take effect October 1, 2008.


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