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2023 Florida Statutes (including 2023C)

Title XLVI CRIMES
Chapter 893 DRUG ABUSE PREVENTION AND CONTROL Entire Chapter
SECTION 149
Unlawful possession of listed chemical.
F.S. 893.149
893.149 Unlawful possession of listed chemical.—
(1) It is unlawful for any person to knowingly or intentionally:
(a) Possess a listed chemical with the intent to unlawfully manufacture a controlled substance;
(b) Possess or distribute a listed chemical knowing, or having reasonable cause to believe, that the listed chemical will be used to unlawfully manufacture a controlled substance.
(2) Any person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) This section does not apply to a public employee or private contractor authorized to clean up or dispose of hazardous waste or toxic substances resulting from the prohibited activities listed in s. 893.13(1)(g).
(4) Any damages arising out of the unlawful possession of, storage of, or tampering with a listed chemical, as defined in s. 893.033, shall be the sole responsibility of the person or persons unlawfully possessing, storing, or tampering with the listed chemical. In no case shall liability for damages arising out of the unlawful possession of, storage of, or tampering with a listed chemical extend to the lawful owner, installer, maintainer, designer, manufacturer, possessor, or seller of the listed chemical, unless such damages arise out of the acts or omissions of the owner, installer, maintainer, designer, manufacturer, possessor, or seller which constitute negligent misconduct or failure to abide by the laws regarding the possession or storage of a listed chemical.
History.—s. 5, ch. 91-279; s. 3, ch. 2003-15; s. 4, ch. 2005-128; s. 35, ch. 2016-105.