Florida Senate - 2009                                    SB 2170
       
       
       
       By Senator Altman
       
       
       
       
       24-01350A-09                                          20092170__
    1                        A bill to be entitled                      
    2         An act relating to selling, giving, or serving
    3         alcoholic beverages or drugs to persons under 21 years
    4         of age; amending s. 562.11, F.S.; increasing the
    5         penalty imposed for a second or subsequent offense of
    6         selling, giving, or serving alcoholic beverages to a
    7         person under 21 years of age within a specified period
    8         following the prior offense; providing a defense;
    9         amending s. 856.015, F.S.; providing that if a person
   10         violates the restrictions relating to open house
   11         parties where alcoholic beverages or drugs are
   12         possessed or consumed by a minor, he or she commits a
   13         misdemeanor of the first degree rather than a
   14         misdemeanor of the second degree; reenacting s.
   15         322.057(1), F.S., relating to the revocation or
   16         suspension of a driver's license, to incorporate the
   17         amendments made to s. 562.11, F.S., in a reference
   18         thereto; providing an effective date.
   19  
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Paragraph (a) of subsection (1) of section
   23  562.11, Florida Statutes, is amended, and paragraph (d) is added
   24  to that subsection, to read:
   25         562.11 Selling, giving, or serving alcoholic beverages to
   26  person under age 21; providing a proper name; misrepresenting or
   27  misstating age or age of another to induce licensee to serve
   28  alcoholic beverages to person under 21; penalties.—
   29         (1)(a)1. It is unlawful for any person to sell, give,
   30  serve, or permit to be served alcoholic beverages to a person
   31  under 21 years of age or to permit a person under 21 years of
   32  age to consume such beverages on the licensed premises. A person
   33  who violates this subparagraph commits a misdemeanor of the
   34  second degree, punishable as provided in s. 775.082 or s.
   35  775.083. A person who violates this subparagraph a second or
   36  subsequent time within 1 year after the first violation commits
   37  a misdemeanor of the first degree, punishable as provided in s.
   38  775.082 or s. 775.083.
   39         2. In addition to any other penalty imposed for a violation
   40  of subparagraph 1., the court may order the Department of
   41  Highway Safety and Motor Vehicles to withhold the issuance of,
   42  or suspend or revoke, the driver's license or driving privilege,
   43  as provided in s. 322.057, of any person who violates
   44  subparagraph 1. This subparagraph does not apply to a licensee,
   45  as defined in s. 561.01, who violates subparagraph 1. while
   46  acting within the scope of his or her license or an employee or
   47  agent of a licensee, as defined in s. 561.01, who violates
   48  subparagraph 1. while engaged within the scope of his or her
   49  employment or agency.
   50         (d)Any person charged with a violation of paragraph (a)
   51  has a complete defense if, at the time the alcoholic beverage
   52  was sold, given, served, or permitted to be served:
   53         1.The buyer or recipient falsely evidenced that he or she
   54  was 21 years of age or older;
   55         2.The appearance of the buyer or recipient was such that a
   56  prudent person would believe the buyer or recipient to be 21
   57  years of age or older; and
   58         3.Such person carefully checked a driver's license or an
   59  identification card issued by this state or another state of the
   60  United States, a passport, or a United States Uniformed Services
   61  identification card presented by the buyer or recipient and
   62  acted in good faith and in reliance upon the representation and
   63  appearance of the buyer or recipient in the belief that the
   64  buyer or recipient was 21 years of age or older.
   65         Section 2. Section 856.015, Florida Statutes, is amended to
   66  read:
   67         856.015 Open house parties.—
   68         (1) Definitions.—As used in this section:
   69         (a) “Alcoholic beverage” means distilled spirits and any
   70  beverage containing 0.5 percent or more alcohol by volume. The
   71  percentage of alcohol by volume shall be determined in
   72  accordance with the provisions of s. 561.01(4)(b).
   73         (b) “Control” means the authority or ability to regulate,
   74  direct, or dominate.
   75         (c) “Drug” means a controlled substance, as that term is
   76  defined in ss. 893.02(4) and 893.03.
   77         (d) “Minor” means an individual not legally permitted by
   78  reason of age to possess alcoholic beverages pursuant to chapter
   79  562.
   80         (e) “Open house party” means a social gathering at a
   81  residence.
   82         (f) “Person” means an individual 18 years of age or older.
   83         (g) “Residence” means a home, apartment, condominium, or
   84  other dwelling unit.
   85         (2) No person having control of any residence shall allow
   86  an open house party to take place at said residence if any
   87  alcoholic beverage or drug is possessed or consumed at said
   88  residence by any minor where the person knows that an alcoholic
   89  beverage or drug is in the possession of or being consumed by a
   90  minor at said residence and where the person fails to take
   91  reasonable steps to prevent the possession or consumption of the
   92  alcoholic beverage or drug.
   93         (3) The provisions of this section shall not apply to the
   94  use of alcoholic beverages at legally protected religious
   95  observances or activities.
   96         (4) Any person who violates any of the provisions of
   97  subsection (2) commits a misdemeanor of the first second degree,
   98  punishable as provided in s. 775.082 or s. 775.083.
   99         Section 3. For the purpose of incorporating the amendment
  100  made by this act to section 562.11, Florida Statutes, in a
  101  reference thereto, subsection (1) of section 322.057, Florida
  102  Statutes, is reenacted to read:
  103         322.057 Discretionary revocation or suspension of driver’s
  104  license for certain persons who provide alcohol to persons under
  105  21 years of age.—
  106         (1) Notwithstanding s. 322.28, the court may order the
  107  department to withhold the issuance of, or suspend or revoke,
  108  the driver’s license of a person who is found guilty of a
  109  violation of s. 562.11(1)(a) for not less than 3 months or more
  110  than 6 months for a first violation and for 1 year for any
  111  subsequent violation. This subsection does not apply to a
  112  licensee who violates s. 562.11(1)(a) while acting within the
  113  scope of his or her license or an employee or agent of a
  114  licensee who violates s. 562.11(1)(a) while engaged within the
  115  scope of his or her employment or agency.
  116         Section 4. This act shall take effect July 1, 2009.