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A bill to be entitled

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An act relating to alcoholic beverages; amending s.

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561.703, F.S.; redefining the term "vendor" to remove an

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exemption provided for certain vendors at grocery or drug

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stores; amending s. 561.705, F.S.; requiring the

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completion of a responsible-vendor training program by all

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employees, all managers, and certain licensees who sell,

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prepare, dispense, serve, or otherwise deliver alcoholic

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beverages during the course of employment; providing

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requirements for a responsible-vendor training program;

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providing that the program may be conducted by the vendor

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or an approved and certified responsible-vendor training

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provider; authorizing the Division of Alcoholic Beverages

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and Tobacco of the Department of Business and Professional

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Regulation to refuse to renew a license until the licensee

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has satisfied all applicable training requirements;

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requiring that the division adopt rules; repealing s.

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561.706, F.S., relating to an exemption from license

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suspension or revocation under certain circumstances and

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mitigation for certain beverage law violations; creating

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s. 561.707, F.S.; requiring that the division approve and

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certify providers of responsible-vendor training;

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authorizing the division to levy fines against or revoke

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or suspend the license of any training provider who fails

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to provide appropriate training programs; limiting the

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amount of such fine; authorizing the division to charge a

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fee for persons seeking approval and certification to

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provide responsible-vendor training; authorizing the

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division to charge a biennial renewal fee; limiting the

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amount of such fees; authorizing the division to adopt

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rules; creating s. 561.708, F.S.; requiring that training

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providers maintain and make available to the division or

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department certain information for a specified period;

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requiring that providers agree in writing to cooperate

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with the department; authorizing the department to fine,

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suspend, or revoke approval for providers under certain

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circumstances; amending s. 562.111, F.S.; prohibiting a

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person under 21 years of age from consuming alcoholic

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beverages; amending s. 562.45, F.S.; authorizing local

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governments to regulate drink specials; amending s.

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856.015, F.S.; increasing the penalty for certain

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violations of state law relating to open house parties

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from a misdemeanor of the second degree to a felony of the

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third degree; providing that a person who commits such a

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violation is liable for any injury or damage caused by or

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resulting from the possession or consumption of alcoholic

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beverages or drugs at an open house party; 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.  Subsection (2) of section 561.703, Florida

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Statutes, is amended to read:

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     561.703  Definitions relating to Florida Responsible Vendor

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Act.--As used in this act, the term:

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     (2)  "Vendor" means a person who is licensed pursuant to

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this chapter, chapter 563, chapter 564, or chapter 565, to sell

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or serve alcoholic beverages. However, vendors at grocery or drug

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stores licensed under the provisions of s. 563.02(1)(a) or s.

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564.02(1)(a), whose premises are in excess of 5,000 square feet

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of floor space, shall be exempt from the provisions of this act.

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     Section 2.  Section 561.705, Florida Statutes, is amended to

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read:

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     561.705 Responsible-vendor training requirement Responsible

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vendor qualification.--To qualify as a responsible vendor, the

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vendor must:

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     (1) Each vendor must demonstrate that all of its employees

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who as part of their employment responsibilities sell, prepare,

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dispense, serve, or otherwise deliver alcoholic beverages

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directly to patrons of the licensed establishment, check the

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identification of patrons, or manage employees performing such

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tasks have successfully completed a responsible-vendor training

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program approved and certified by the division. Each licensee

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participating directly in the management of a licensed premises

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must also successfully complete a responsible-vendor training

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program approved and certified by the division. The required

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responsible-vendor program shall:

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     (a)(1) Provide a course of instruction for its employees

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that must include subjects dealing with alcoholic beverages and

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may also include subjects dealing with controlled substances as

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follows:

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     1.(a) Laws covering the service of alcoholic beverages and

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the operation of establishments serving alcoholic beverages.

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     2.(b) Alcohol or controlled substances or both as a drug

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and its effects on the body and behavior, including its effects

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on a person operating a motor vehicle.

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     3.(c) Effects of alcohol in combination with commonly used

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drugs, both legal and illegal.

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     4.(d) Methods of recognizing and dealing with underaged

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customers.

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     5.(e) Methods for dealing with customers, and for dealing

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with employees, who use or traffic in illegal drugs.

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     (b)(2) Provide an alcohol server management course for

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managers of establishments that sell alcoholic beverages. The

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course must include subjects on alcoholic beverages and may

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include subjects on controlled substances as follows:

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     1.(a) Laws governing the service of alcoholic beverages and

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the operation of establishments serving alcoholic beverages.

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     2.(b) Development of standard operating procedures for

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dealing with underaged customers.

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     3.(c) Development of standard operating procedures for

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dealing with customers, and for dealing with employees, who use

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or traffic in illegal drugs.

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     4.(d) Methods of assisting employees in dealing with

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underaged customers and in maintaining records that relate to

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such incidents.

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     (c)(3) Require each nonmanagerial employee who is employed

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to serve alcoholic beverages to complete the employee training

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course specified in paragraph (a) subsection (1) within 30 days

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after commencing employment. The vendor must provide for the

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supervision of such an employee in the service of alcoholic

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beverages until the employee has received such training.

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     (d)(4) Require each managerial employee to complete the

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managerial training course specified in paragraph (b) subsection

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(2) within 15 days after commencing employment.

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     (e)(5) Require all employees to attend one meeting every 4

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months. Each meeting must include the dissemination of

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information covering the applicable subjects specified in this

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section and an explanation of the vendor's policies and

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procedures relating to those subjects.

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     (f)(6) Require each employee, as a condition of her or his

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initial employment, to complete a written questionnaire providing

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the vendor the same information as is required by the division

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from persons who apply for alcoholic beverage licenses and to

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determine therefrom whether the employee is precluded by law from

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serving or selling alcoholic beverages; however, employees of

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vendors licensed under s. 563.02(1)(a) or s. 564.02(1)(a) shall

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not be subject to the requirements of this subsection.

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     (g)(7) Establish a written policy under which any employee

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who engages in the illegal use of controlled substances on the

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licensed premises will be immediately dismissed from employment

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and require each employee to acknowledge the policy in writing.

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     (h)(8) Maintain employment records of the applications,

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acknowledgments, and training of its employees required by this

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section and records of the vendor's enforcement of the policies

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requiring dismissal specified in paragraph (g) subsection (7).

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     (i)(9) Post signs on the vendor's premises informing

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customers of the vendor's policy against serving alcoholic

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beverages to underaged persons and informing customers that the

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purchase of alcoholic beverages by an underaged person or the

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illegal use of or trafficking in controlled substances will

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result in ejection from the premises and prosecution.

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     (2) A vendor may conduct a responsible-vendor training

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program for the purpose of compliance with the provisions of this

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section or engage the services of an approved and certified

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responsible-vendor training provider.

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     (3) The division shall establish a system to monitor

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compliance by licensees with applicable responsible-vendor

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training requirements and to determine each licensee's

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responsible-vendor training status. The division shall determine

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whether each licensee, manager, or employee of the licensee is in

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full compliance with applicable training requirements at the time

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of the licensee's license renewal.

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     (4) The division may refuse renewal of a licensee's license

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until the licensee has satisfied all applicable training

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requirements.

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     (5) The division may adopt rules pursuant to ss. 120.536(1)

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and 120.54 to administer the requirements of this section.

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     Section 3. Section 561.706, Florida Statutes, is repealed.

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     Section 4.  Section 561.707, Florida Statutes, is created to

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read:

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     561.707 Responsible-vendor training provider and program

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approval.--

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     (1) The division shall approve and certify providers of

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responsible-vendor training for a period not to exceed 4 years.

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     (2) The division shall issue an order requiring a person or

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entity to cease and desist from offering any responsible-vendor

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training for licensees and fining, suspending, or revoking any

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approval of a provider previously granted by the division if the

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division finds that such person or entity has failed to provide

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appropriate responsible-vendor training programs conforming to

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approved training requirements. Such fine may not exceed $250 per

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violation.

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     (3) The division may establish by rule a fee not to exceed

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$250 for any person seeking approval and certification as a

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provider of responsible-vendor training. The division may

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establish by rule a biennial fee not to exceed $250 for the

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renewal of such certification.

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     (4) The division may adopt rules pursuant to ss. 120.536(1)

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and 120.54 to administer the requirements of this section.

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     Section 5.  Section 561.708, Florida Statutes, is created to

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read:

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     561.708 Responsible-vendor training providers.--

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     (1) Upon request by the division, each responsible-vendor

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training provider shall maintain and make available to the

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division, in an electronic format determined by the division,

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such information regarding the training status of licensees,

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their managers, and their employees as the division determines is

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necessary to ensure compliance with training requirements.

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     (2) Each responsible-vendor training provider shall retain

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all records relating to the completion of responsible-vendor

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training by all parties to whom the provider has provided

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training for at least 3 years after the date on which a vendor or

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licensee completes such training program.

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     (3) A responsible-vendor training provider may not be

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approved, and the approval may not be renewed, unless the

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provider agrees in writing to provide such cooperation to the

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department as the department deems necessary or appropriate.

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     (4) The department may fine, suspend, or revoke the

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approval of any responsible-vendor training provider that fails

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to comply with its responsibilities under this section. Such fine

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may not exceed $250 per violation.

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     (5) The department may adopt rules pursuant to ss.

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120.536(1) and 120.54 to administer the requirements of this

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section.

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     Section 6. Subsection (1) of section 562.111, Florida

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Statutes, is amended to read:

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     562.111  Possession of alcoholic beverages by persons under

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age 21 prohibited.--

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     (1)  It is unlawful for any person under the age of 21

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years, except a person employed under the provisions of s. 562.13

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acting in the scope of her or his employment, to have in her or

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his possession alcoholic beverages, or to consume alcoholic

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beverages. except that nothing contained in This subsection does

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not shall preclude the employment of any person 18 years of age

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or older in the sale, preparation, or service of alcoholic

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beverages in licensed premises in any establishment licensed by

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the Division of Alcoholic Beverages and Tobacco or the Division

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of Hotels and Restaurants. Notwithstanding the provisions of s.

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562.45, any person under the age of 21 who is convicted of a

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violation of this subsection is guilty of a misdemeanor of the

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second degree, punishable as provided in s. 775.082 or s.

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775.083; however, any person under the age of 21 who has been

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convicted of a violation of this subsection and who is thereafter

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convicted of a further violation of this subsection is, upon

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conviction of the further offense, guilty of a misdemeanor of the

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

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     Section 7.  Paragraph (a) of subsection (2) of section

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562.45, Florida Statutes, is amended to read:

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     562.45  Penalties for violating Beverage Law; local

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ordinances; prohibiting regulation of certain activities or

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business transactions; requiring nondiscriminatory treatment;

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providing exceptions.--

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     (2)(a) Nothing contained in The Beverage Law does not shall

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be construed to affect or impair the power or right of any county

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or incorporated municipality of the state to enact ordinances

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regulating the hours of business, types and hours of drink

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specials, and location of place of business, or and prescribing

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sanitary regulations for therefor, of any licensee under the

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Beverage Law within the county or corporate limits of such

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municipality. However, except for premises licensed on or before

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July 1, 1999, and except for locations that are licensed as

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restaurants, which derive at least 51 percent of their gross

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revenues from the sale of food and nonalcoholic beverages,

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pursuant to chapter 509, a location for on-premises consumption

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of alcoholic beverages may not be located within 500 feet of the

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real property that comprises a public or private elementary

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school, middle school, or secondary school unless the county or

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municipality approves the location as promoting the public

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health, safety, and general welfare of the community under

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proceedings as provided in s. 125.66(4), for counties, and s.

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166.041(3)(c), for municipalities. This restriction shall not,

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however, be construed to prohibit the issuance of temporary

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permits to certain nonprofit organizations as provided for in s.

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561.422. The division may not issue a change in the series of a

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license or approve a change of a licensee's location unless the

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licensee provides documentation of proper zoning from the

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appropriate county or municipal zoning authorities.

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     Section 8.  Subsections (2), (3), and (4) of section

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856.015, Florida Statutes, are amended, and subsection (5) is

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added to that section, to read:

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     856.015  Open house parties.--

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     (2) A No person having control of any residence may not

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shall allow an open house party to take place at that said

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residence if any alcoholic beverage or drug is possessed or

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consumed at the said residence by any minor when where the person

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knows that an alcoholic beverage or drug is in the possession of

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or being consumed by a minor at the said residence and when where

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the person fails to take reasonable steps to prevent the

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possession or consumption of the alcoholic beverage or drug.

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     (3) The provisions of This section does shall not apply to

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the use of alcoholic beverages at legally protected religious

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observances or activities.

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     (4)  Any person who violates any of the provisions of

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subsection (2) commits a felony misdemeanor of the third second

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

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s. 775.084.

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     (5) A person who violates subsection (2) is liable for any

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injury or damage caused by or resulting from the possession or

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consumption or alcoholic beverages or drugs at an open house

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party.

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     Section 9.  This act shall take effect July 1, 2008.