61A-3.052. Identification to Verify Age

(1) A licensee who has been cited in an administrative action for violations of Sections 562.11(1)(a) and 859.06, Florida Statutes, shall have a defense to any administrative action if the underage person falsely evidenced that he was of legal age to purchase the alcoholic beverage, cigarettes, or tobacco products or consume the alcoholic beverage product and the appearance of the person was such that an ordinarily prudent person would believe the person is of legal age to purchase or consume those products, and if the licensee attempted to verify the person's age by checking one of the following forms of identification with respect to the person:

(a) A driver’s license, issued by any government agency, domestic or foreign, provided it includes a photograph;

(b) Identification cards issued by any state, provided it includes a photograph;

(c) Passports;

(d) An identification card issued by any branch of the United States military which shows the customer is currently serving in the United States Armed Services or is a family member of a person currently serving in the United States Armed Services.

(2) It is the responsibility of each licensee/permittee to provide and train their employees so that they will recognize or be able to compare an identification card presented by a customer with a facsimile of the legitimate identification card. The division shall advise any licensee who requests information about identification source materials where they can be purchased to assist in their training programs to determine if an identification card is genuine.

(3) No other type of identification will be recognized as mitigation if a licensee or a licensee’s employee sells, gives, or serves alcoholic beverages, cigarettes, or tobacco products to an underage person.

Specific Authority 561.11 FS. Law Implemented 561.29, 561.701-.706, 562.11 FS. History–New 2-28-94.