Bill Text: FL H0033 | 2010 | Regular Session | Comm Sub

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

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Passed) 2010-05-11 - Approved by Governor; Chapter No. 2010-47 [H0033 Detail]

Download: Florida-2010-H0033-Comm_Sub.html

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CS/HB 33

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

CODING: Words stricken are deletions; words underlined are additions.