Senate Bill sb0794c2
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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.
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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
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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),
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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.
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5 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
6 CS/SB 794
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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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