House Bill 0075c2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 CS/CS/HB 75
By the Committees on Criminal Justice Appropriations,
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.
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8 Be It Enacted by the Legislature of the State of Florida:
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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/CS/HB 75
608-161-00
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) Except as provided in subsection (4) with respect
6 to nitrous oxide, any person who violates subsection (1) or
7 subsection (2) commits any of the provisions of this section
8 shall upon conviction be guilty of a misdemeanor of the second
9 degree, punishable as provided in s. 775.082 or s. 775.083.
10 (4) Any person who knowingly distributes, sells,
11 purchases, transfers, or possesses more than 16 grams of
12 nitrous oxide for any use 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, chapter 466, or chapter 474;
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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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 CS/CS/HB 75
608-161-00
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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