Florida Senate - 2015                       CS for CS for SB 998
       
       
        
       By the Committees on Commerce and Tourism; and Regulated
       Industries; and Senator Margolis
       
       
       
       
       577-03152-15                                           2015998c2
    1                        A bill to be entitled                      
    2         An act relating to alcoholic beverages; creating s.
    3         562.63, F.S.; defining the term “powdered alcohol”;
    4         prohibiting the sale, offer for sale, purchase, use,
    5         offer for use, or possession of powdered alcohol;
    6         providing penalties; providing an exemption for the
    7         use of powdered alcohol by specified entities for
    8         research purposes; providing an exemption for the
    9         possession of powdered alcohol solely for the purpose
   10         of transportation through this state by specified
   11         entities; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 562.63, Florida Statutes, is created to
   16  read:
   17         562.63 Powdered alcohol; prohibited sale, offer for sale,
   18  purchase, use, offer for use, or possession.—
   19         (1) As used in this section, the term “powdered alcohol”
   20  means alcohol prepared in a powdered form for either direct use
   21  or consumption after the powder is combined with a liquid.
   22         (2) A person may not sell, offer for sale, purchase, use,
   23  offer for use, or possess powdered alcohol.
   24         (3) A vendor licensed under s. 565.02(1)(a)-(f) may not
   25  sell or offer for sale powdered alcohol.
   26         (4)(a) A person who violates this section by selling or
   27  offering for sale powdered alcohol commits a misdemeanor of the
   28  first degree, punishable as provided in s. 775.082 or s.
   29  775.083. A person who violates this section by selling or
   30  offering for sale powdered alcohol after having been previously
   31  convicted of such an offense within the past 5 years commits a
   32  felony of the third degree, punishable as provided in s.
   33  775.082, s. 775.083, or s. 775.084.
   34         (b) A person who violates this section by purchasing,
   35  using, offering for use, or possessing powdered alcohol commits
   36  a noncriminal violation, punishable by a fine of $250.
   37         (5) This section does not apply to the use of powdered
   38  alcohol for research purposes by a:
   39         (a) Health care provider that operates primarily for the
   40  purpose of conducting scientific research;
   41         (b) State institution;
   42         (c) State university or private college or university; or
   43         (d) Pharmaceutical or biotechnology company.
   44         (6) This section does not apply to the possession of
   45  powdered alcohol solely for the purpose of transportation
   46  through this state by a licensed manufacturer or a common
   47  carrier on behalf of a licensed manufacturer.
   48         Section 2. This act shall take effect July 1, 2015.