CS for CS for SB 998 First Engrossed 2015998e1 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 exemption for the 9 possession of powdered alcohol solely for the purpose 10 of transportation through this state by specified 11 entities; providing an expiration date; amending s. 12 564.05, F.S.; exempting sparkling wine and champagne 13 from a specified volume restriction; amending s. 14 565.02, F.S.; requiring the calculation of a specified 15 excise tax to be based on the advertised volume per 16 drink; providing applicability; providing an effective 17 date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Section 562.63, Florida Statutes, is created to 22 read: 23 562.63 Powdered alcohol; prohibited sale, offer for sale, 24 purchase, use, offer for use, or possession.— 25 (1) As used in this section, the term “powdered alcohol” 26 means alcohol prepared in a powdered form for either direct use 27 or consumption after the powder is combined with a liquid. 28 (2) A person may not sell, offer for sale, purchase, use, 29 offer for use, or possess powdered alcohol. 30 (3) A vendor licensed under s. 565.02(1)(a)-(f) may not 31 sell or offer for sale powdered alcohol. 32 (4)(a) A person who violates this section by selling or 33 offering for sale powdered alcohol commits a misdemeanor of the 34 first degree, punishable as provided in s. 775.082 or s. 35 775.083. 36 (b) A person who violates this section by purchasing, 37 using, offering for use, or possessing powdered alcohol commits 38 a noncriminal violation, punishable by a fine of $250. 39 (5) This section does not apply to the use of powdered 40 alcohol for research purposes by a: 41 (a) Health care provider that operates primarily for the 42 purpose of conducting scientific research; 43 (b) State institution; 44 (c) State university or private college or university; or 45 (d) Pharmaceutical or biotechnology company. 46 (6) This section does not apply to the possession of 47 powdered alcohol solely for the purpose of transportation 48 through this state by a licensed manufacturer or a common 49 carrier on behalf of a licensed manufacturer. 50 (7) This section expires July 1, 2017. 51 Section 2. Section 564.05, Florida Statutes, is amended to 52 read: 53 564.05 Limitation of size of individual wine containers; 54 penalty.—It is unlawful for a person to sell within this state 55 wine in an individual container holding more than 1 gallon of 56 such wine, unless such wine is in a reusable container holding 57 5.16 gallons or such wine is sparkling wine or champagne and is 58 in an individual container holding 6.0 or 9.0 liters. However, 59 qualified distributors and manufacturers may sell wine to other 60 qualified distributors or manufacturers in any size container. 61 Except as provided in s. 564.09, wine sold or offered for sale 62 by a licensed vendor to be consumed off the premises shall be in 63 the unopened original container. A person convicted of a 64 violation of this section commits a misdemeanor of the second 65 degree, punishable as provided in s. 775.082 or s. 775.083. 66 Section 3. Subsection (9) of section 565.02, Florida 67 Statutes, is amended to read: 68 565.02 License fees; vendors; clubs; caterers; and others.— 69 (9) It is the finding of the Legislature that passenger 70 vessels engaged exclusively in foreign commerce are susceptible 71 to a distinct and separate classification for purposes of the 72 sale of alcoholic beverages under the Beverage Law. Upon the 73 filing of an application and payment of an annual fee of $1,100, 74 the director is authorized to issue a permit authorizing the 75 operator, or, if applicable, his or her concessionaire, of a 76 passenger vessel which has cabin-berth capacity for at least 75 77 passengers, and which is engaged exclusively in foreign 78 commerce, to sell alcoholic beverages on the vessel for 79 consumption on board only: 80 (a) During a period not in excess of 24 hours prior to 81 departure while the vessel is moored at a dock or wharf in a 82 port of this state; or 83 (b) At any time while the vessel is located in Florida 84 territorial waters and is in transit to or from international 85 waters. 86 87 One such permit shall be required for each such vessel and shall 88 name the vessel for which it is issued. No license shall be 89 required or tax levied by any municipality or county for the 90 privilege of selling beverages for consumption on board such 91 vessels. The beverages so sold may be purchased outside the 92 state by the permittee, and the same shall not be considered as 93 imported for the purposes of s. 561.14(3) solely because of such 94 sale. The permittee is not required to obtain its beverages from 95 licensees under the Beverage Law, but it shall keep a strict 96 account of all such beverages sold within this state and shall 97 make monthly reports to the division on forms prepared and 98 furnished by the division. A permittee who sells on board the 99 vessel beverages withdrawn from United States Bureau of Customs 100 and Border Protection bonded storage on board the vessel may 101 satisfy such accounting requirement by supplying the division 102 with copies of the appropriate United States Bureau of Customs 103 and Border Protection forms evidencing such withdrawals as 104 importations under United States customs laws. Such permittee 105 shall pay to the state an excise tax for beverages sold pursuant 106 to this section, if such excise tax has not previously been 107 paid, in an amount equal to the tax which would be required to 108 be paid on such sales by a licensed manufacturer or distributor. 109 The calculation of excise tax due under this section must be 110 based on the advertised volume per drink. A vendor holding such 111 permit shall pay the tax monthly to the division at the same 112 time he or she furnishes the required report. Such report shall 113 be filed on or before the 15th day of each month for the sales 114 occurring during the previous calendar month. The provisions of 115 s. 213.21(7) are applicable for all taxes administered by the 116 department under this section. 117 Section 4. This act shall take effect July 1, 2015.