Bill Text: FL S1068 | 2010 | Regular Session | Engrossed

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Bill Title: Alcoholic Beverages/Persons Under 21 Years of Age [CPSC]

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2010-04-26 - Read 3rd time -SJ 00862; Substituted CS/HB 33 -SJ 00862; Laid on Table, companion bill(s) passed, see CS/HB 33 (Ch. 2010-47) -SJ 00862 [S1068 Detail]

Download: Florida-2010-S1068-Engrossed.html

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       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.