| 1 | The Justice Council recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to alcoholic beverages; creating s. |
| 7 | 562.61, F.S.; providing a definition of the term "alcohol- |
| 8 | vaporizing device"; prohibiting the sale, offer for sale, |
| 9 | purchase, or use of machines or devices which vaporize |
| 10 | alcohol; providing penalties; providing a fine; creating |
| 11 | s. 563.09, F.S.; permitting certain licensees to conduct |
| 12 | malt beverage tastings under certain conditions; providing |
| 13 | an effective date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Section 562.61, Florida Statutes, is created to |
| 18 | read: |
| 19 | 562.61 Sale, offer for sale, purchase, or use of alcohol- |
| 20 | vaporizing devices prohibited.-- |
| 21 | (1) For purposes of this section, "alcohol-vaporizing |
| 22 | device" means any device, machine, or process which mixes |
| 23 | spirits, liquor, or other alcohol products with pure oxygen or |
| 24 | other gas to produce a vaporized product for the purpose of |
| 25 | consumption by inhalation. |
| 26 | (2) No person shall sell, offer for sale, purchase, or use |
| 27 | an alcohol-vaporizing device. |
| 28 | (3)(a) Any person who violates this section by selling or |
| 29 | offering for sale an alcohol-vaporizing device commits a |
| 30 | misdemeanor of the first degree, punishable as provided in s. |
| 31 | 775.082 or s. 775.083. Any person who violates this section by |
| 32 | selling or offering for sale an alcohol-vaporizing device after |
| 33 | having been previously convicted of such an offense within the |
| 34 | past 5 years commits a felony of the third degree, punishable as |
| 35 | provided in s. 775.082 or s. 775.083. |
| 36 | (b) Any person who violates this section by purchasing or |
| 37 | using an alcohol-vaporizing device shall be subject to a fine of |
| 38 | $250. |
| 39 | Section 2. Section 563.09, Florida Statutes, is created to |
| 40 | read: |
| 41 | 563.09 Malt beverage tastings permitted; limitations.-- |
| 42 | (1) A licensee shall not conduct a malt beverage tasting |
| 43 | except as provided in this section. |
| 44 | (2) A malt beverage tasting may be conducted: |
| 45 | (a) On a licensed premises by a vendor who is licensed to |
| 46 | sell alcoholic beverages for consumption on those premises; |
| 47 | (b) Within a fully enclosed building under a permanent |
| 48 | roof by a vendor who is licensed under s. 563.02(1)(a) or s. |
| 49 | 564.02(1)(a) with a licensed premises consisting of at least |
| 50 | 7,000 square feet of publicly accessible floor space; or |
| 51 | (c) Within a fully enclosed building under a permanent |
| 52 | roof by a vendor who is licensed under s. 565.02(1)(a) |
| 53 | regardless of the amount of publicly accessible floor space. |
| 54 | (3) An importer, manufacturer, or distributor shall not |
| 55 | assist, by any gifts or loans of money or property of any |
| 56 | description or by the giving of any rebates of any kind, a |
| 57 | vendor who is licensed under s. 563.02(1)(a), s. 564.02(1)(a), |
| 58 | or s. 565.02(1)(a) in the conduct of a malt beverage tasting |
| 59 | Section 3. This act shall take effect July 1, 2005. |