Senate Bill 0726

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    Florida Senate - 2000                                   SB 726

    By Senator Bronson





    18-427-00

  1                      A bill to be entitled

  2         An act relating to nitrous oxide; amending s.

  3         877.111, F.S.; providing that it is a

  4         third-degree felony to distribute, sell,

  5         purchase, or possess more than a specified

  6         amount of nitrous oxide; allowing the use of

  7         nitrous oxide for specified purposes; providing

  8         that a person who discharges, or who aids

  9         another in discharging, nitrous oxide for

10         subsequent inhalation has knowledge that such

11         nitrous oxide is for unlawful use; providing an

12         effective date.

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14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  Section 877.111, Florida Statutes, is

17  amended to read:

18         877.111  Inhalation, ingestion, possession, sale,

19  purchase, or transfer of harmful chemical substances;

20  penalties.--

21         (1)  It is unlawful for any person to inhale or ingest,

22  or to possess with intent to breathe, inhale, or drink, any

23  compound, liquid, or chemical containing toluol, hexane,

24  trichloroethylene, acetone, toluene, ethyl acetate, methyl

25  ethyl ketone, trichloroethane, isopropanol, methyl isobutyl

26  ketone, ethylene glycol monomethyl ether acetate,

27  cyclohexanone, nitrous oxide, diethyl ether, alkyl nitrites

28  (butyl nitrite), or any similar substance for the purpose of

29  inducing a condition of intoxication or which distorts or

30  disturbs the auditory, visual, or mental processes.  This

31  section does not apply to the possession and use of these

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    Florida Senate - 2000                                   SB 726
    18-427-00




  1  substances as part of the care or treatment of a disease or

  2  injury by a practitioner licensed under chapter 458, chapter

  3  459, chapter 464, or chapter 466 or to beverages controlled by

  4  the provisions of chapter 561, chapter 562, chapter 563,

  5  chapter 564, or chapter 565.

  6         (2)  It is unlawful for any person to possess, buy,

  7  sell, or otherwise transfer any chemical substance specified

  8  in subsection (1) for the purpose of inducing or aiding any

  9  other person to violate the provisions of subsection (1).

10         (3)  Any person who violates subsection (1) or

11  subsection (2) commits any of the provisions of this section

12  shall upon conviction be guilty of a misdemeanor of the second

13  degree, punishable as provided in s. 775.082 or s. 775.083.

14         (4)(a)  Any person who knowingly distributes, sells,

15  purchases, transfers, or possesses more than 16 grams of

16  nitrous oxide for any use other than:

17         1.  As part of the care or treatment of a disease or

18  injury by a practitioner licensed under chapter 458, chapter

19  459, or chapter 464;

20         2.  As a food-processing propellant;

21         3.  As a semiconductor oxidizer;

22         4.  As an analytical chemistry oxidizer in atomic

23  absorption spectrometry;

24         5.  In the production of chemicals used to inflate

25  airbags;

26         6.  As an oxidizer for chemical production, combustion,

27  or jet propulsion; or

28         7.  When mixed with not less than 100 parts per million

29  of sulfur dioxide;

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    Florida Senate - 2000                                   SB 726
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  1  commits the offense of unlawfully distributing nitrous oxide,

  2  a felony of the third degree, punishable as provided in s.

  3  775.082 or s. 775.083.

  4         (b)  For purposes of this subsection, in addition to

  5  proving by any other means that nitrous oxide was knowingly

  6  possessed, distributed, sold, purchased, or transferred for a

  7  purpose not specified in subparagraphs (a)1. through 7., any

  8  person who discharges, or who aids another in discharging,

  9  nitrous oxide to inflate a balloon or other object suitable

10  for subsequent inhalation shall be deemed to have knowledge

11  that the nitrous oxide's use is for a purpose not specified in

12  subparagraphs (a)1. through 7.

13         (5)(4)  Any person who violates any of the provisions

14  of this section may, in the discretion of the trial judge, be

15  required to participate in a substance abuse services program

16  approved or regulated by the Department of Children and Family

17  Services pursuant to the provisions of chapter 397, provided

18  the director of the program approves the placement of the

19  defendant in the program.  Such required participation may be

20  imposed in addition to, or in lieu of, any penalty or

21  probation otherwise prescribed by law. However, the total time

22  of such penalty, probation, and program participation shall

23  not exceed the maximum length of sentence possible for the

24  offense.

25         Section 2.  This act shall take effect July 1, 2000.

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    Florida Senate - 2000                                   SB 726
    18-427-00




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  2                          SENATE SUMMARY

  3    Provides that the distribution, sale, purchase, or
      possession of more than 16 grams of nitrous oxide is a
  4    third-degree felony. Specifies various lawful uses of
      nitrous oxide. Provides that a person who discharges, or
  5    who aids another in discharging, nitrous oxide for
      subsequent inhalation has knowledge that the nitrous
  6    oxide is to be used for an unlawful purpose.

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