Senate Bill sb0794c2

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                     CS for CS for SB 794

    By the Committees on Criminal Justice; Regulated Industries;
    and Senators Haridopolos and Lynn




    591-2298-05

  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         providing an exception; creating s. 563.09,

  9         F.S.; permitting certain licensees to conduct

10         malt beverage tastings; providing an effective

11         date.

12  

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

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15         Section 1.  Section 562.61, Florida Statutes, is

16  created to read:

17         562.61  Sale, purchase, or use of alcohol-vaporizing

18  devices prohibited.--

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

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

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

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

23  consumption by inhalation.

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

25  use an alcohol-vaporizing device.

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

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

28  device commits a misdemeanor of the first degree, punishable

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

30  violates the provisions of this section by selling or offering

31  for sale an alcohol-vaporizing device after having been

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    Florida Senate - 2005                     CS for CS for SB 794
    591-2298-05




 1  previously convicted of such an offense within the past 5

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

 3  provided in s. 775.082 or s. 775.083.

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

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

 6  fine of $250.

 7         (4)  This section does not apply to the administration

 8  or prescription of a product that contains alcohol by a health

 9  care practitioner who is licensed under the laws of this state

10  or another state.

11         Section 2.  Section 563.09, Florida Statutes, is

12  created to read:

13         563.09  Malt beverage tastings permitted;

14  limitations.--

15         (1)  A licensee shall not conduct a malt beverage

16  tasting except as provided in this section.

17         (2)  A malt beverage tasting may be conducted:

18         (a)  On a licensed premises by a vendor who is licensed

19  to sell alcoholic beverages for consumption on those premises;

20         (b)  Within a fully enclosed building under a permanent

21  roof by a vendor who is licensed under s. 563.02(1)(a) or s.

22  564.02(1)(a) with a licensed premises consisting of at least

23  7,000 square feet of publicly accessible floor space; or

24         (c)  Within a fully enclosed building under a permanent

25  roof by a vendor who is licensed under s. 565.02(1)(a)

26  regardless of the amount of publicly accessible floor space.

27         (2)  An importer, manufacturer or distributor shall not

28  assist, by any gifts or loans of money or property of any

29  description or by the giving of any rebates of any kind, a

30  vendor who is licensed under s. 563.02(1)(a), s. 564.02(1)(a),

31  

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    Florida Senate - 2005                     CS for CS for SB 794
    591-2298-05




 1  or s. 565.02(1)(a) in the conduct of a malt beverage tasting

 2  and no such vendor may accept or receive such assistance.

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

 4  

 5          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 6                            CS/SB 794

 7                                 

 8  -    Limits malt beverage tastings to the following: on the
         licensed premises of a vendor who is licensed to sell
 9       alcoholic beverages for consumption on the premises;
         within a fully enclosed building under a permanent roof
10       by a vendor who is licensed as a package store for malt
         beverages or a package store for malt, wine, and
11       fortified wines (such as port or sherry) with a licensed
         premises consisting of at least 7,000 square feet of
12       publicly accessible floor space; or within a fully
         enclosed building under a permanent roof by a vendor who
13       is licensed as a package store regardless of the amount
         of publicly accessible floor space.
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    -    Prohibits an importer, manufacturer, or distributor from
15       assisting, by any gifts or loans of money or property of
         any description or by the giving of any rebates of any
16       kind, a vendor who is licensed to sell malt beverages
         under s. 563.02(1)(a), F.S., malt, wines, and fortified
17       wines under s. 564.02(1)(a), F.S., or any alcoholic
         beverages regardless of alcoholic content under s.
18       565.02(1)(a), F.S., in the conduct of a malt beverage
         tasting and the vendor may not accept or receive such
19       assistance.

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