Florida Senate - 2015 SB 998 By Senator Margolis 35-01089-15 2015998__ 1 A bill to be entitled 2 An act relating to alcoholic beverages; creating s. 3 562.63, F.S.; defining the term “powdered alcohol”; 4 prohibiting the sale, offer for sale, purchase, use, 5 offer for use, or possession of powdered alcohol; 6 providing penalties; providing an exemption for the 7 use of powdered alcohol by specified entities for 8 research purposes; providing an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Section 562.63, Florida Statutes, is created to 13 read: 14 562.63 Powdered alcohol; prohibited sale, offer for sale, 15 purchase, use, offer for use, or possession.— 16 (1) As used in this section, the term “powdered alcohol” 17 means alcohol prepared in a powdered form for either direct use 18 or consumption after the powder is combined with a liquid. 19 (2) A person may not sell, offer for sale, purchase, use, 20 offer for use, or possess powdered alcohol. 21 (3) A vendor licensed under s. 565.02(1)(a)-(f) may not 22 sell or offer for sale powdered alcohol as an alcoholic 23 beverage. 24 (4)(a) A person who violates this section by selling or 25 offering for sale powdered alcohol commits a misdemeanor of the 26 first degree, punishable as provided in s. 775.082 or s. 27 775.083. A person who violates this section by selling or 28 offering for sale powdered alcohol after having been previously 29 convicted of such an offense within the past 5 years commits a 30 felony of the third degree, punishable as provided in s. 31 775.082, s. 775.083, or s. 775.084. 32 (b) A person who violates this section by purchasing, 33 using, offering for use, or possessing powdered alcohol commits 34 a noncriminal violation, punishable by a fine of $250. 35 (5) This section does not apply to the use of powdered 36 alcohol for research purposes by a: 37 (a) Health care provider that operates primarily for the 38 purpose of conducting scientific research; 39 (b) State institution; 40 (c) State university or private college or university; or 41 (d) Pharmaceutical or biotechnology company. 42 Section 2. This act shall take effect July 1, 2015.