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.