HB 95

1
A bill to be entitled
2An act relating to alcoholic beverages; creating s.
3562.61, F.S.; providing a definition of the term "alcohol
4vaporizing device"; prohibiting the sale, offer for sale,
5purchase, or use of machines or devices which vaporize
6alcohol; providing penalties; providing a fine; creating
7s. 563.09, F.S.; permitting certain vendors to conduct
8malt beverage tastings under certain conditions; providing
9an effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Section 562.61, Florida Statutes, is created to
14read:
15     562.61  Sale, offer for sale, purchase, or use of alcohol
16vaporizing devices prohibited.--
17     (1)  For purposes of this section, the term "alcohol
18vaporizing device" means any device, machine, or process which
19mixes spirits, liquor, or other alcohol products with pure
20oxygen or other gas to produce a vaporized product for the
21purpose of consumption by inhalation.
22     (2)  A person may not sell, offer for sale, purchase, or
23use an alcohol vaporizing device.
24     (3)(a)  Any person who violates this section by selling or
25offering for sale an alcohol vaporizing device commits a
26misdemeanor of the first degree, punishable as provided in s.
27775.082 or s. 775.083. Any person who violates this section by
28selling or offering for sale an alcohol vaporizing device after
29having been previously convicted of such an offense within the
30past 5 years commits a felony of the third degree, punishable as
31provided in s. 775.082 or s. 775.083.
32     (b)  Any person who violates this section by purchasing or
33using an alcohol vaporizing device shall be subject to a fine of
34$250.
35     Section 2.  Section 563.09, Florida Statutes, is created to
36read:
37     563.09  Malt beverage tastings permitted; limitations.--
38     (1)  A vendor may not conduct a malt beverage tasting
39except as provided in this section.
40     (2)  A malt beverage tasting may be conducted:
41     (a)  On a licensed premises by a vendor who is licensed to
42sell alcoholic beverages for consumption on those premises;
43     (b)  Within a fully enclosed building under a permanent
44roof by a vendor who is licensed under s. 563.02(1)(a) or s.
45564.02(1)(a) with a licensed premises consisting of at least
467,000 square feet of publicly accessible floor space; or
47     (c)  Within a fully enclosed building under a permanent
48roof by a vendor who is licensed under s. 565.02(1)(a)
49regardless of the amount of publicly accessible floor space.
50     (3)  An importer, manufacturer, or distributor may not
51assist, by any gifts or loans of money or property of any
52description or by the giving of any rebates of any kind, a
53vendor who is licensed under s. 563.02(1)(a), s. 564.02(1)(a),
54or s. 565.02(1)(a) in the conduct of a malt beverage tasting.
55     Section 3.  This act shall take effect July 1, 2006.


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