Senate Bill sb0794c1

    Florida Senate - 2005                            CS for SB 794

    By the Committee on Regulated Industries; and Senators
    Haridopolos and Lynn




    580-1781-05

  1                      A bill to be entitled

  2         An act relating to alcoholic beverages;

  3         creating s. 562.61, F.S.; providing a

  4         definition of the term "alcohol-vaporizing

  5         devices"; prohibiting the sale, purchase, or

  6         use of machines or devices which vaporize

  7         alcohol; providing penalties; providing a fine;

  8         creating s. 563.09, F.S.; permitting certain

  9         licensees to conduct malt beverage tastings;

10         providing an effective date.

11  

12  Be It Enacted by the Legislature of the State of Florida:

13  

14         Section 1.  Section 562.61, Florida Statutes, is

15  created to read:

16         562.61  Sale, purchase, or use of alcohol-vaporizing

17  devices prohibited.--

18         (1)  For purposes of this section, "alcohol-vaporizing

19  device" means any device, machine, or process that mixes

20  spirits, liquor, or other alcohol products with pure oxygen or

21  other gas to produce a vaporized product for the purpose of

22  consumption by inhalation.

23         (2)  No person shall purchase, sell, offer for sale, or

24  use an alcohol-vaporizing device.

25         (3)(a)  Any person who violates the provisions of this

26  section by selling or offering for sale an alcohol-vaporizing

27  device commits a misdemeanor of the first degree, punishable

28  as provided in s. 775.082 or s. 775.083. Any person who

29  violates the provisions of this section by selling or offering

30  for sale an alcohol-vaporizing device after having been

31  previously convicted of such an offense within the past 5

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                            CS for SB 794
    580-1781-05




 1  years commits a felony of the third degree, punishable as

 2  provided in s. 775.082 or s. 775.083.

 3         (b)  Any person who violates this section by purchasing

 4  or using an alcohol-vaporizing device shall be subject to a

 5  fine of $250.

 6         Section 2.  Section 563.09, Florida Statutes, is

 7  created to read:

 8         563.09  Malt beverage tastings permitted;

 9  limitations.--

10         (1)  Notwithstanding any provision of law to the

11  contrary, a licensee may conduct malt beverage tastings within

12  the interior structures of such licensed premises if the

13  tastings are limited to and directed toward the general public

14  of legal drinking age.

15         (2)  This section does not apply to a licensee subject

16  to an annual state license tax under s. 563.02(1)(a) or s.

17  564.02(1)(a) operating a place of business with less than 5000

18  square feet of floor space.

19         Section 3.  This act shall take effect July 1, 2005.

20  

21          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
22                         Senate Bill 794

23                                 

24  The committee substitute (CS) provides that a person may not
    sell a alcohol-vaporizing device.  The CS also provides for
25  malt beverage tastings by alcoholic beverage licensees.

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CODING: Words stricken are deletions; words underlined are additions.