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.