Senate Bill 0726c1

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 2000                            CS for SB 726

    By the Committee on Criminal Justice and Senator Bronson





    307-1771A-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 creates an inference of

11         the person's knowledge that such nitrous oxide

12         is for unlawful use; providing an effective

13         date.

14

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

16

17         Section 1.  Section 877.111, Florida Statutes, is

18  amended to read:

19         877.111  Inhalation, ingestion, possession, sale,

20  purchase, or transfer of harmful chemical substances;

21  penalties.--

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

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

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

25  trichloroethylene, acetone, toluene, ethyl acetate, methyl

26  ethyl ketone, trichloroethane, isopropanol, methyl isobutyl

27  ketone, ethylene glycol monomethyl ether acetate,

28  cyclohexanone, nitrous oxide, diethyl ether, alkyl nitrites

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

30  inducing a condition of intoxication or which distorts or

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

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                            CS for SB 726
    307-1771A-00




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

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

  3  injury by a practitioner licensed under chapter 458, chapter

  4  459, chapter 464, or chapter 466 or to beverages controlled by

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

  6  chapter 564, or chapter 565.

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

  8  sell, or otherwise transfer any chemical substance specified

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

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

11         (3)  Except as provided in subsection (4) with respect

12  to nitrous oxide, any person who violates subsection (1) or

13  subsection (2) any of the provisions of this section shall

14  upon conviction be guilty of a misdemeanor of the second

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

16         (4)  Any person who knowingly distributes, sells,

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

18  nitrous oxide for any use other than:

19         (a)  As part of the care or treatment of a disease or

20  injury by a practitioner licensed under chapter 458, chapter

21  459, chapter 464, chapter 466, or chapter 474;

22         (b)  As a food-processing propellant;

23         (c)  As a semiconductor oxidizer;

24         (d)  As an analytical chemistry oxidizer in atomic

25  absorption spectrometry;

26         (e)  In the production of chemicals used to inflate

27  airbags;

28         (f)  As an oxidizer for chemical production,

29  combustion, or jet propulsion; or

30         (g)  When mixed with not less than 100 parts per

31  million of sulfur dioxide,

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                            CS for SB 726
    307-1771A-00




  1

  2  commits a felony of the third degree which shall be known as

  3  unlawful distribution of nitrous oxide, punishable as provided

  4  in s. 775.082, s. 775.083, or s. 775.084. For purposes of this

  5  subsection, in addition to proving by any other means that

  6  nitrous oxide was knowingly possessed, distributed, sold,

  7  purchased, or transferred for any purpose not specified in

  8  paragraphs (a)-(g), any person who discharges, or who aids

  9  another in discharging, nitrous oxide to inflate a balloon or

10  any other object suitable for subsequent inhalation creates an

11  inference of the person's knowledge that the nitrous oxide's

12  use is for a purpose not specified in paragraphs (a)-(g).

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.

26

27          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
28                         Senate Bill 726

29

30  Creates an inference regarding the person's knowledge that the
    nitrous oxide's use was not for a specifically prescribed
31  purpose.

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