CS for SB 1068                             First Engrossed (ntc)
       
       
       
       
       
       
       
       
       20101068e1
       
    1                        A bill to be entitled                      
    2         An act relating to selling, giving, or serving
    3         alcoholic beverages to persons under 21 years of age;
    4         amending s. 562.11, F.S.; providing a potential
    5         increase in the penalty imposed for a second or
    6         subsequent offense of selling, giving, or serving
    7         alcoholic beverages to a person under 21 years of age
    8         within a specified period following the prior offense;
    9         providing a defense; providing an effective date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Paragraph (a) of subsection (1) of section
   14  562.11, Florida Statutes, is amended, and paragraph (d) is added
   15  to that subsection, to read:
   16         562.11 Selling, giving, or serving alcoholic beverages to
   17  person under age 21; providing a proper name; misrepresenting or
   18  misstating age or age of another to induce licensee to serve
   19  alcoholic beverages to person under 21; penalties.—
   20         (1)(a)1. It is unlawful for any person to sell, give,
   21  serve, or permit to be served alcoholic beverages to a person
   22  under 21 years of age or to permit a person under 21 years of
   23  age to consume such beverages on the licensed premises. A person
   24  who violates this subparagraph commits a misdemeanor of the
   25  second degree, punishable as provided in s. 775.082 or s.
   26  775.083. A person who violates this subparagraph a second or
   27  subsequent time within 1 year after a prior conviction commits a
   28  misdemeanor of the first degree, punishable as provided in s.
   29  775.082 or s. 775.083.
   30         2. In addition to any other penalty imposed for a violation
   31  of subparagraph 1., the court may order the Department of
   32  Highway Safety and Motor Vehicles to withhold the issuance of,
   33  or suspend or revoke, the driver’s license or driving privilege,
   34  as provided in s. 322.057, of any person who violates
   35  subparagraph 1. This subparagraph does not apply to a licensee,
   36  as defined in s. 561.01, who violates subparagraph 1. while
   37  acting within the scope of his or her license or an employee or
   38  agent of a licensee, as defined in s. 561.01, who violates
   39  subparagraph 1. while engaged within the scope of his or her
   40  employment or agency.
   41         (d) Any person charged with a violation of paragraph (a)
   42  has a complete defense if, at the time the alcoholic beverage
   43  was sold, given, served, or permitted to be served:
   44         1. The buyer or recipient falsely evidenced that he or she
   45  was 21 years of age or older;
   46         2. The appearance of the buyer or recipient was such that a
   47  prudent person would believe the buyer or recipient to be 21
   48  years of age or older; and
   49         3. Such person carefully checked a driver’s license or an
   50  identification card issued by this state or another state of the
   51  United States, a passport, or a United States Uniformed Services
   52  identification card presented by the buyer or recipient and
   53  acted in good faith and in reliance upon the representation and
   54  appearance of the buyer or recipient in the belief that the
   55  buyer or recipient was 21 years of age or older.
   56         Section 2. This act shall take effect July 1, 2010.