House Bill 0075c1

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    Florida House of Representatives - 2000               CS/HB 75

        By the Committee on Health Care Licensing & Regulation and
    Representatives Ball and Posey





  1                      A bill to be entitled

  2         An act relating to nitrous oxide; amending s.

  3         877.111, F.S.; prohibiting the unlawful

  4         distribution of nitrous oxide; providing a

  5         third degree felony penalty for violation;

  6         providing an effective date.

  7

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

  9

10         Section 1.  Section 877.111, Florida Statutes, is

11  amended to read:

12         877.111  Inhalation, ingestion, possession, sale,

13  purchase, or transfer of harmful chemical substances;

14  penalties.--

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

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

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

18  trichloroethylene, acetone, toluene, ethyl acetate, methyl

19  ethyl ketone, trichloroethane, isopropanol, methyl isobutyl

20  ketone, ethylene glycol monomethyl ether acetate,

21  cyclohexanone, nitrous oxide, diethyl ether, alkyl nitrites

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

23  inducing a condition of intoxication or which distorts or

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

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

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

27  injury by a practitioner licensed under chapter 458, chapter

28  459, chapter 464, or chapter 466 or to beverages controlled by

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

30  chapter 564, or chapter 565.

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    Florida House of Representatives - 2000               CS/HB 75

    601-163-00






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

  2  sell, or otherwise transfer any chemical substance specified

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

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

  5         (3)  Any person who violates subsections (1) and (2)

  6  any of the provisions of this section shall upon conviction be

  7  guilty of a misdemeanor of the second degree, punishable as

  8  provided in s. 775.082 or s. 775.083.

  9         (4)  Except as provided herein, any person who

10  knowingly distributes, sells, purchases, transfers, or

11  possesses more than 16 grams of nitrous oxide for any use

12  other than:

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

14  injury by a practitioner licensed under chapter 458, chapter

15  459, chapter 464, or chapter 466;

16         (b)  As a food processing propellant;

17         (c)  As a semiconductor oxidizer;

18         (d)  As an analytical chemistry oxidizer in atomic

19  absorption spectrometry;

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

21  airbags;

22         (f)  As an oxidizer for chemical production, combustion

23  or jet propulsion; or

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

25  million of sulfur dioxide

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

28  unlawful distribution of nitrous oxide, punishable as provided

29  in s. 775.082, s. 775.083, or s. 775.084.  For purposes of

30  this subsection, in addition to proving by any other means

31  that nitrous oxide was knowingly possessed, distributed, sold,

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    Florida House of Representatives - 2000               CS/HB 75

    601-163-00






  1  purchased, or transferred for any purpose not specified in

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

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

  4  any other object suitable for subsequent inhalation shall be

  5  deemed to have knowledge that the nitrous oxide's use was for

  6  a purpose other than those provided in paragraphs (a)-(g).

  7         (5) (4)  Any person who violates any of the provisions

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

  9  required to participate in a substance abuse services program

10  approved or regulated by the Department of Children and Family

11  Services pursuant to the provisions of chapter 397, provided

12  the director of the program approves the placement of the

13  defendant in the program.  Such required participation may be

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

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

16  of such penalty, probation, and program participation shall

17  not exceed the maximum length of sentence possible for the

18  offense.

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

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