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A bill to be entitled

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An act relating to selling, giving, or serving alcoholic

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beverages to persons under 21 years of age; amending s.

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562.11, F.S.; increasing the penalty imposed for a second

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or subsequent offense of selling, giving, or serving

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alcoholic beverages to a person under 21 years of age

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within a specified period following the prior offense;

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providing a defense to such a charge; providing an

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effective date.

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

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     Section 1.  Paragraph (a) of subsection (1) of section

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562.11, Florida Statutes, is amended, and paragraph (d) is added

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to that subsection, to read:

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     562.11  Selling, giving, or serving alcoholic beverages to

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person under age 21; providing a proper name; misrepresenting or

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misstating age or age of another to induce licensee to serve

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alcoholic beverages to person under 21; penalties.--

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     (1)(a)1.  It is unlawful for any person to sell, give,

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serve, or permit to be served alcoholic beverages to a person

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under 21 years of age or to permit a person under 21 years of age

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to consume such beverages on the licensed premises. A person who

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violates this subparagraph commits a misdemeanor of the second

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degree, punishable as provided in s. 775.082 or s. 775.083. A

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person who violates this subparagraph a second or subsequent time

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within 1 year after the first violation commits a misdemeanor of

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the first degree, punishable as provided in s. 775.082 or s.

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775.083.

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     2.  In addition to any other penalty imposed for a violation

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of subparagraph 1., the court may order the Department of Highway

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Safety and Motor Vehicles to withhold the issuance of, or suspend

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or revoke, the driver's license or driving privilege, as provided

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in s. 322.057, of any person who violates subparagraph 1. This

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subparagraph does not apply to a licensee, as defined in s.

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561.01, who violates subparagraph 1. while acting within the

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scope of his or her license or an employee or agent of a

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licensee, as defined in s. 561.01, who violates subparagraph 1.

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while engaged within the scope of his or her employment or

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agency.

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     (d) Any person charged with a violation of paragraph (a)

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has a complete defense if, at the time the alcoholic beverage was

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sold, given, served, or permitted to be served:

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     1. The buyer or recipient falsely evidenced that he or she

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was 21 years of age or older;

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     2. The appearance of the buyer or recipient was such that a

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prudent person would believe the buyer or recipient to be 21

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years of age or older; and

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     3. Such person carefully checked a driver's license or an

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identification card issued by this state or another state of the

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United States, a passport, or a United States armed services

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identification card presented by the buyer or recipient and acted

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in good faith and in reliance upon the representation and

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appearance of the buyer or recipient in the belief that the buyer

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or recipient was 21 years of age or older.

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     Section 2.  This act shall take effect July 1, 2008.