CS for CS for SB 998                             First Engrossed
       
       
       
       
       
       
       
       
       2015998e1
       
    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 expiration date; amending s.
   12         564.05, F.S.; exempting sparkling wine and champagne
   13         from a specified volume restriction; amending s.
   14         565.02, F.S.; requiring the calculation of a specified
   15         excise tax to be based on the advertised volume per
   16         drink; providing applicability; providing an effective
   17         date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Section 562.63, Florida Statutes, is created to
   22  read:
   23         562.63 Powdered alcohol; prohibited sale, offer for sale,
   24  purchase, use, offer for use, or possession.—
   25         (1) As used in this section, the term “powdered alcohol”
   26  means alcohol prepared in a powdered form for either direct use
   27  or consumption after the powder is combined with a liquid.
   28         (2) A person may not sell, offer for sale, purchase, use,
   29  offer for use, or possess powdered alcohol.
   30         (3) A vendor licensed under s. 565.02(1)(a)-(f) may not
   31  sell or offer for sale powdered alcohol.
   32         (4)(a) A person who violates this section by selling or
   33  offering for sale powdered alcohol commits a misdemeanor of the
   34  first degree, punishable as provided in s. 775.082 or s.
   35  775.083.
   36         (b) A person who violates this section by purchasing,
   37  using, offering for use, or possessing powdered alcohol commits
   38  a noncriminal violation, punishable by a fine of $250.
   39         (5) This section does not apply to the use of powdered
   40  alcohol for research purposes by a:
   41         (a) Health care provider that operates primarily for the
   42  purpose of conducting scientific research;
   43         (b) State institution;
   44         (c) State university or private college or university; or
   45         (d) Pharmaceutical or biotechnology company.
   46         (6) This section does not apply to the possession of
   47  powdered alcohol solely for the purpose of transportation
   48  through this state by a licensed manufacturer or a common
   49  carrier on behalf of a licensed manufacturer.
   50         (7) This section expires July 1, 2017.
   51         Section 2. Section 564.05, Florida Statutes, is amended to
   52  read:
   53         564.05 Limitation of size of individual wine containers;
   54  penalty.—It is unlawful for a person to sell within this state
   55  wine in an individual container holding more than 1 gallon of
   56  such wine, unless such wine is in a reusable container holding
   57  5.16 gallons or such wine is sparkling wine or champagne and is
   58  in an individual container holding 6.0 or 9.0 liters. However,
   59  qualified distributors and manufacturers may sell wine to other
   60  qualified distributors or manufacturers in any size container.
   61  Except as provided in s. 564.09, wine sold or offered for sale
   62  by a licensed vendor to be consumed off the premises shall be in
   63  the unopened original container. A person convicted of a
   64  violation of this section commits a misdemeanor of the second
   65  degree, punishable as provided in s. 775.082 or s. 775.083.
   66         Section 3. Subsection (9) of section 565.02, Florida
   67  Statutes, is amended to read:
   68         565.02 License fees; vendors; clubs; caterers; and others.—
   69         (9) It is the finding of the Legislature that passenger
   70  vessels engaged exclusively in foreign commerce are susceptible
   71  to a distinct and separate classification for purposes of the
   72  sale of alcoholic beverages under the Beverage Law. Upon the
   73  filing of an application and payment of an annual fee of $1,100,
   74  the director is authorized to issue a permit authorizing the
   75  operator, or, if applicable, his or her concessionaire, of a
   76  passenger vessel which has cabin-berth capacity for at least 75
   77  passengers, and which is engaged exclusively in foreign
   78  commerce, to sell alcoholic beverages on the vessel for
   79  consumption on board only:
   80         (a) During a period not in excess of 24 hours prior to
   81  departure while the vessel is moored at a dock or wharf in a
   82  port of this state; or
   83         (b) At any time while the vessel is located in Florida
   84  territorial waters and is in transit to or from international
   85  waters.
   86  
   87  One such permit shall be required for each such vessel and shall
   88  name the vessel for which it is issued. No license shall be
   89  required or tax levied by any municipality or county for the
   90  privilege of selling beverages for consumption on board such
   91  vessels. The beverages so sold may be purchased outside the
   92  state by the permittee, and the same shall not be considered as
   93  imported for the purposes of s. 561.14(3) solely because of such
   94  sale. The permittee is not required to obtain its beverages from
   95  licensees under the Beverage Law, but it shall keep a strict
   96  account of all such beverages sold within this state and shall
   97  make monthly reports to the division on forms prepared and
   98  furnished by the division. A permittee who sells on board the
   99  vessel beverages withdrawn from United States Bureau of Customs
  100  and Border Protection bonded storage on board the vessel may
  101  satisfy such accounting requirement by supplying the division
  102  with copies of the appropriate United States Bureau of Customs
  103  and Border Protection forms evidencing such withdrawals as
  104  importations under United States customs laws. Such permittee
  105  shall pay to the state an excise tax for beverages sold pursuant
  106  to this section, if such excise tax has not previously been
  107  paid, in an amount equal to the tax which would be required to
  108  be paid on such sales by a licensed manufacturer or distributor.
  109  The calculation of excise tax due under this section must be
  110  based on the advertised volume per drink. A vendor holding such
  111  permit shall pay the tax monthly to the division at the same
  112  time he or she furnishes the required report. Such report shall
  113  be filed on or before the 15th day of each month for the sales
  114  occurring during the previous calendar month. The provisions of
  115  s. 213.21(7) are applicable for all taxes administered by the
  116  department under this section.
  117         Section 4. This act shall take effect July 1, 2015.