| 1 | A bill to be entitled |
| 2 | An act relating to alcoholic beverages; creating s. |
| 3 | 562.61, F.S.; providing a definition of the term "alcohol |
| 4 | vaporizing device"; prohibiting the sale, offer for sale, |
| 5 | purchase, or use of machines or devices which vaporize |
| 6 | alcohol; providing penalties; providing a fine; providing |
| 7 | that the provisions of the section do not apply to the |
| 8 | administration or prescription of a product that contains |
| 9 | alcohol by certain licensed health care practitioners; |
| 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 created to |
| 15 | read: |
| 16 | 562.61 Sale, offer for sale, purchase, or use of alcohol |
| 17 | vaporizing devices prohibited.-- |
| 18 | (1) For purposes of this section, the term "alcohol |
| 19 | vaporizing device" means any device, machine, or process which |
| 20 | mixes spirits, liquor, or other alcohol products with pure |
| 21 | oxygen or other gas to produce a vaporized product for the |
| 22 | purpose of consumption by inhalation. |
| 23 | (2) A person may not sell, offer for sale, purchase, or |
| 24 | use an alcohol vaporizing device. |
| 25 | (3)(a) Any person who violates this section by selling or |
| 26 | offering for sale an alcohol vaporizing device commits a |
| 27 | misdemeanor of the first degree, punishable as provided in s. |
| 28 | 775.082 or s. 775.083. Any person who violates this section by |
| 29 | selling or offering for sale an alcohol vaporizing device after |
| 30 | having been previously convicted of such an offense within the |
| 31 | past 5 years commits a felony of the third degree, punishable as |
| 32 | provided in s. 775.082 or s. 775.083. |
| 33 | (b) Any person who violates this section by purchasing or |
| 34 | using an alcohol vaporizing device commits a noncriminal |
| 35 | violation with a fine of $250. |
| 36 | (4) This section does not apply to the administration or |
| 37 | prescription of a product that contains alcohol by a health care |
| 38 | practitioner who is licensed under the laws of this state or |
| 39 | another state. |
| 40 | Section 2. This act shall take effect July 1, 2006. |