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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