Alcohol Policy

Florida State Legislative Session 2009

Underage drinking legislation proposed for 2009

Two bills related to adults serving or selling alcoholic beverages to persons under the age of 21 were proposed in 2009. HB 415 sponsored by Representative Randolph and SB 2170 sponsored by Senator Altman. Unfortunately, they didn't pass. Similar bills will likely be proposed in 2010.

HB 415: Sponsored by Representative Randolph: Increases penalty for second or additional offense of selling, giving or serving alcohol to someone under the age of 21. HB 415 link

SB 2170: Sponsored by Senator Altman: Increases the penalty imposed for a second or subsequent offense of selling, giving, or serving alcoholic beverages to a person under 21 years of age. Provides that if a person violates the restrictions relating to open house parties where alcoholic beverages or drugs are possessed or consumed by a minor, he or she commits a misdemeanor of the first degree, etc. SB 2170 link

2008 Alcohol Legislation

Post-Session Legislative Summary

PASSED

SB 1992: Relating to the Department of Highway Safety and Motor Vehicles

Lowers the blood alcohol threshold for enhanced DUI penalties; Allows ignition interlock devices for DUI offenders who are accompanied in the car by someone under 18; Requires treatment after three or more violations involving an ignition interlock device; Prohibits a judge from accepting a lesser guilty plea from a person whose blood or breath alcohol content is at least .15; Prohibits a driver who refuses a breath, urine, or blood test from driving a commercial vehicle; Prohibits a commercial driver with a blood alcohol level of at least .08 from driving for certain periods of time.

Watch this video produced by Mothers Against Drunk Driving Florida to support the ignition interlock legislation: Grace's Law

Gaps In Florida Alcoholic Beverage Laws

Reference- Overview of Florida Underage Drinking and Impaired Driving Laws

Gaps in Florida Alcohol Laws

Underage Drinking and Alcohol Abuse on University and College Campuses, November 2006 Senate Committee on Regulated Industries report

21 and up Patron Age Restriction

Did you know that it is legal for 18 year olds to hang out in bars in Florida? This puts underage people in a high risk environment where they may have easy access to alcoholic beverages. 14 cities and counties in Florida have enacted ordinances to restrict bar patrons to ages 21 and up. Recent cities to adopt an ordinance are: Boca Raton, Broward, Palm Beach County, Venice (see the City of Venice ordinance) Cape Coral and Sunrise. Ft. Lauderdale's patron age restriction ordinance has been in effect since 2001. The Ft. Lauderdale Police Department reported a 34% decrease in crime in the entertainment district after the ordinance was enforced. Manatee County and the City of Sarasota recently enacted 21 age restriction ordinances. On February 28, 2007, the Sarasota County Commission held a public forum to discuss a 21 age restriction ordinance on. MADD and TAC made presentations in support of the ordinance. The commissioners voted unanimously to enact a ban on minors in bars. On May 23, 2007 the Sarasota County Commission voted unanimously in favor of the ordinance. The Tampa Alcohol Coalition advocates for a 21 and up patron age restriction ordinance for bars in Hillsborough County and for the entire state.

The City of Venice has proposed an ordinance to restrict persons under age 21 from bars. The final reading will be on November 27.
The City of Seminole held a Public Hearing on the proposed "under" 21 ordinance on October 9th. The City Council voted 4 to 3 against the proposal. TAC and LiveFree coalitions advocated for an ordinance restricting those under age 21 from bars but advised against a grandfather clause exempting existing clubs. The Seminole City Council plans to revise the ordinance and exclude the grandfather clause. Jessica Rasdall and members of the LiveFree coalition spoke in favor of the ordinance at a public hearing held on August 14.
Proposed Under 21 Ordinance Affects Two Bars (July 17, 2007, St. Petersburg Times). An ordinance to ban 18 to 20 year olds from certain bars in Seminole received tentative approval from the City Council.
Sarasota Bars to Boot Minors (May 24, 2007, Tampa Tribune) Sarasota County became the 8th municipality in Florida to ban 18 to 20 year olds from bars/ clubs.
Finding the Right Mix (April 27th, 2007, St. Petersburg Times) Ybor City club owners say they've learned to balance fun and safety. But the deaths of two underage drinkers last year show how the scale can tip toward disaster.
Combating Underage Drinking Requires Nightclubs Banning Teens (April 10, 2007, Tampa Tribune editorial)

Community Resources:

21 and up Fact Sheet.

Sarasota County ordinance that bans 18- 20 year olds from bars

Drink Specials Restriction

Florida is one of 11 states that doesn't have any statutes or rules restricting drink specials. The "High Risk Drinking on College Campuses" White Paper by the Iowa Alcoholic Beverages Commission provides an overview of the problems associated with drink specials, a table that lists the type of drink special regulations in each state and the actual state statutes and rules. "Select State Laws Governing On-Premises Alcohol Sales", a report by the National Restaurant Association, summarizes happy hour laws for all 50 states. TAC endorses restricting drink specials because cheap drink specials promote irresponsible drinking, intoxication and DUI.. Tampa bars offer specials such as "ladies drink free", "kill the keg", and "all you can drink for $10". These promotions can lead to alcohol-related crashes and other tragedies.

The Tampa Tribune reported on September 14, 2006 that Tampa Mayor Pam Iorio supports ending cheap and free drink specials in Tampa. The St. Petersburg Times ran a story entitled: "Last Call for Drink Specials?" which discussed irresponsible bar promotions and ways to stop them. The Tampa City Attorney wrote a memorandum of law and sent a letter asking for a Florida Attorney General Opinion on the ability of a city or county to enact a drink special ordinance. In November 2006, the Attorney General's office asked the Department of Business and professional regulations to give the opinion. DBPR sent a letter to the Tampa City Attorney that said cities do not have the ability to adopt drink special ordinances in Florida. The City may get a second opinion. For more details, see Tampa Tribune article "City Can't Dry Up Drink Specials".

TAC supports local and state legislation to stop irresponsible drink specials. The Florida Senate Regulated Industries Committee proposed an underage drinking bill (S 7056) in January 2007 that included language to allow municipalities to regulate drink specials. On February 20th, an amendment by Senator Haridopolos removed the drink special language. TAC and Florida MADD have requested that language allowing cities to adopt an ordinance to restrict drink specials be added back to the bill, but this request was not honored. A bill to allow cities to restrict Drink Specials will be developed for the 2008 legislative session.

Law Against Serving Intoxicated Persons

Did you know that Florida is one of only three states that does not have a law prohibiting the sale of alcoholic beverages to intoxicated persons. States that lack laws restricting drink specials and lack laws prohibiting sales to intoxicated persons may have higher rates of binge drinking, impaired driving, alcohol poisoning, blackouts, violence, assaults, alcohol-related injuries and fatalities. A state law against selling or serving alcohol to intoxicated persons would help promote responsible beverage service. For more information on this topic, read "Preventing the Over-consumption of Alcohol: Sales to the Intoxicated and Happy Hour Laws", a research paper published by NHTSA in February 2005. TAC supports adopting a law against serving intoxicated people.

Keg Registration Many states have keg registration laws- Florida does not. Keg registration can help law enforcement officers trace the adult who purchased a beer keg at parties where underage persons are caught drinking. This may encourage adults to think twice before buying a keg of beer for persons under age 21. Lake County is the first county in Florida to enact a keg registration ordinance in February 2008 (Click here to read the keg ordinance). The Lake County keg registration policy was challenged- and was overturned.TAC supports keg registration as a strategy to help reduce underage drinking in Florida. A statewide keg registration law is needed. Community Resource: Keg Registration Fact Sheet

What are the Current Alcoholic Beverage Laws and Ordinances?

To find out what your existing local alcoholic beverage ordinances are, go to www.municode.com and click on "on-line library," then click on "Florida," "alcoholic beverage code". Florida's state alcoholic beverage laws can be found on the Department of Business and Professional Regulation web site.

Strategies to Reduce Underage Drinking

For more strategies to reduce underage alcohol use, visit the Underage Drinking Enforcement Training Center To learn more about Tampa Alcohol Coalition's strategies to reduce underage drinking, view the TAC PowerPoint presentation that was given at the 2006 Florida Statewide Prevention Conference.

Two helpful publications on environmental strategies are:

Do you drink too much? Find out by taking this quiz. Click on "Is my drinking risky?"

Tampa Alcohol Coalition is a subcommittee of the Hillsborough County Anti Drug Alliance.

Do you have questions about Tampa Alcohol Coalition or comments on this web site? Contact er.snelling@verizon.net