Bill Text: FL S0998 | 2015 | Regular Session | Engrossed

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Bill Title: Alcoholic Beverages

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Engrossed - Dead) 2015-04-28 - Died on Calendar [S0998 Detail]

Download: Florida-2015-S0998-Engrossed.html

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       CS for CS for SB 998                            Second Engrossed
       
       
       
       
       
       
       
       
       2015998e2
       
    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.; providing applicability; providing an
   15         effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 562.63, Florida Statutes, is created to
   20  read:
   21         562.63 Powdered alcohol; prohibited sale, offer for sale,
   22  purchase, use, offer for use, or possession.—
   23         (1) As used in this section, the term “powdered alcohol”
   24  means alcohol prepared in a powdered form for either direct use
   25  or consumption after the powder is combined with a liquid.
   26         (2) A person may not sell, offer for sale, purchase, use,
   27  offer for use, or possess powdered alcohol.
   28         (3) A vendor licensed under s. 565.02(1)(a)-(f) may not
   29  sell or offer for sale powdered alcohol.
   30         (4)(a) A person who violates this section by selling or
   31  offering for sale powdered alcohol commits a misdemeanor of the
   32  first degree, punishable as provided in s. 775.082 or s.
   33  775.083.
   34         (b) A person who violates this section by purchasing,
   35  using, offering for use, or possessing powdered alcohol commits
   36  a noncriminal violation, punishable by a fine of $250.
   37         (5) This section does not apply to the use of powdered
   38  alcohol for research purposes by a:
   39         (a) Health care provider that operates primarily for the
   40  purpose of conducting scientific research;
   41         (b) State institution;
   42         (c) State university or private college or university; or
   43         (d) Pharmaceutical or biotechnology company.
   44         (6) This section does not apply to the possession of
   45  powdered alcohol solely for the purpose of transportation
   46  through this state by a licensed manufacturer or a common
   47  carrier on behalf of a licensed manufacturer.
   48         (7) This section expires July 1, 2017.
   49         Section 2. Section 564.05, Florida Statutes, is amended to
   50  read:
   51         564.05 Limitation of size of individual wine containers;
   52  penalty.—It is unlawful for a person to sell within this state
   53  wine in an individual container holding more than 1 gallon of
   54  such wine, unless such wine is in a reusable container holding
   55  5.16 gallons or such wine is sparkling wine or champagne and is
   56  in an individual container holding 6.0 or 9.0 liters. However,
   57  qualified distributors and manufacturers may sell wine to other
   58  qualified distributors or manufacturers in any size container.
   59  Except as provided in s. 564.09, wine sold or offered for sale
   60  by a licensed vendor to be consumed off the premises shall be in
   61  the unopened original container. A person convicted of a
   62  violation of this section commits a misdemeanor of the second
   63  degree, punishable as provided in s. 775.082 or s. 775.083.
   64         Section 3. Subsection (9) of section 565.02, Florida
   65  Statutes, is amended to read:
   66         565.02 License fees; vendors; clubs; caterers; and others.—
   67         (9) It is the finding of the Legislature that passenger
   68  vessels engaged exclusively in foreign commerce are susceptible
   69  to a distinct and separate classification for purposes of the
   70  sale of alcoholic beverages under the Beverage Law. Upon the
   71  filing of an application and payment of an annual fee of $1,100,
   72  the director is authorized to issue a permit authorizing the
   73  operator, or, if applicable, his or her concessionaire, of a
   74  passenger vessel which has cabin-berth capacity for at least 75
   75  passengers, and which is engaged exclusively in foreign
   76  commerce, to sell alcoholic beverages on the vessel for
   77  consumption on board only:
   78         (a) During a period not in excess of 24 hours prior to
   79  departure while the vessel is moored at a dock or wharf in a
   80  port of this state; or
   81         (b) At any time while the vessel is located in Florida
   82  territorial waters and is in transit to or from international
   83  waters.
   84  
   85  One such permit shall be required for each such vessel and shall
   86  name the vessel for which it is issued. No license shall be
   87  required or tax levied by any municipality or county for the
   88  privilege of selling beverages for consumption on board such
   89  vessels. The beverages so sold may be purchased outside the
   90  state by the permittee, and the same shall not be considered as
   91  imported for the purposes of s. 561.14(3) solely because of such
   92  sale. The permittee is not required to obtain its beverages from
   93  licensees under the Beverage Law, but it shall keep a strict
   94  account of all such beverages sold within this state and shall
   95  make monthly reports to the division on forms prepared and
   96  furnished by the division. A permittee who sells on board the
   97  vessel beverages withdrawn from United States Bureau of Customs
   98  and Border Protection bonded storage on board the vessel may
   99  satisfy such accounting requirement by supplying the division
  100  with copies of the appropriate United States Bureau of Customs
  101  and Border Protection forms evidencing such withdrawals as
  102  importations under United States customs laws. Such permittee
  103  shall pay to the state an excise tax for beverages sold pursuant
  104  to this subsection section, if such excise tax has not
  105  previously been paid, in an amount equal to the tax which would
  106  be required to be paid on such sales by a licensed manufacturer
  107  or distributor. A vendor holding such permit shall pay the tax
  108  monthly to the division at the same time he or she furnishes the
  109  required report. Such report shall be filed on or before the
  110  15th day of each month for the sales occurring during the
  111  previous calendar month. The provisions of s. 213.21(7) are
  112  applicable for all taxes administered under this subsection.
  113         Section 4. This act shall take effect July 1, 2015.