Florida Senate - 2015 SB 998
By Senator Margolis
35-01089-15 2015998__
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 effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Section 562.63, Florida Statutes, is created to
13 read:
14 562.63 Powdered alcohol; prohibited sale, offer for sale,
15 purchase, use, offer for use, or possession.—
16 (1) As used in this section, the term “powdered alcohol”
17 means alcohol prepared in a powdered form for either direct use
18 or consumption after the powder is combined with a liquid.
19 (2) A person may not sell, offer for sale, purchase, use,
20 offer for use, or possess powdered alcohol.
21 (3) A vendor licensed under s. 565.02(1)(a)-(f) may not
22 sell or offer for sale powdered alcohol as an alcoholic
23 beverage.
24 (4)(a) A person who violates this section by selling or
25 offering for sale powdered alcohol commits a misdemeanor of the
26 first degree, punishable as provided in s. 775.082 or s.
27 775.083. A person who violates this section by selling or
28 offering for sale powdered alcohol after having been previously
29 convicted of such an offense within the past 5 years commits a
30 felony of the third degree, punishable as provided in s.
31 775.082, s. 775.083, or s. 775.084.
32 (b) A person who violates this section by purchasing,
33 using, offering for use, or possessing powdered alcohol commits
34 a noncriminal violation, punishable by a fine of $250.
35 (5) This section does not apply to the use of powdered
36 alcohol for research purposes by a:
37 (a) Health care provider that operates primarily for the
38 purpose of conducting scientific research;
39 (b) State institution;
40 (c) State university or private college or university; or
41 (d) Pharmaceutical or biotechnology company.
42 Section 2. This act shall take effect July 1, 2015.