Florida Senate - 2016 SB 392 By Senator Margolis 35-00497A-16 2016392__ 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 effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Section 562.63, Florida Statutes, is created to 16 read: 17 562.63 Powdered alcohol; prohibited sale, offer for sale, 18 purchase, use, offer for use, or possession.— 19 (1) As used in this section, the term “powdered alcohol” 20 means alcohol prepared in a powdered form for either direct use 21 or consumption after the powder is combined with a liquid. 22 (2) A person may not sell, offer for sale, purchase, use, 23 offer for use, or possess powdered alcohol. 24 (3) A vendor licensed under s. 565.02(1)(a)-(f) may not 25 sell or offer for sale powdered alcohol. 26 (4)(a) A person who violates this section by selling or 27 offering for sale powdered alcohol commits a misdemeanor of the 28 first degree, punishable as provided in s. 775.082 or s. 29 775.083. 30 (b) A person who violates this section by purchasing, 31 using, offering for use, or possessing powdered alcohol commits 32 a noncriminal violation, punishable by a fine of $250. 33 (5) This section does not apply to the use of powdered 34 alcohol for research purposes by a: 35 (a) Health care provider that operates primarily for the 36 purpose of conducting scientific research; 37 (b) State institution; 38 (c) State university or private college or university; or 39 (d) Pharmaceutical or biotechnology company. 40 (6) This section does not apply to the possession of 41 powdered alcohol solely for the purpose of transportation 42 through this state by a licensed manufacturer or a common 43 carrier on behalf of a licensed manufacturer. 44 Section 2. This act shall take effect July 1, 2016.