| 1 | The Criminal Justice Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to alcohol vaporizing devices; creating s. |
| 7 | 562.61, F.S.; providing a definition of the term "alcohol |
| 8 | vaporizing device"; prohibiting the sale, offer for sale, |
| 9 | purchase, or use of machines or devices which vaporize |
| 10 | alcohol; providing penalties; providing a fine; providing |
| 11 | an effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Section 562.61, Florida Statutes, is created to |
| 16 | read: |
| 17 | 562.61 Sale, offer for sale, purchase, or use of alcohol |
| 18 | vaporizing devices prohibited.-- |
| 19 | (1) For purposes of this section, "alcohol vaporizing |
| 20 | device" means any device, machine, or process which mixes |
| 21 | spirits, liquor, or other alcohol products with pure oxygen or |
| 22 | other gas to produce a vaporized product for the purpose of |
| 23 | consumption by inhalation. |
| 24 | (2) No person shall sell, offer for sale, purchase, or use |
| 25 | an alcohol vaporizing device. |
| 26 | (3)(a) Any person who violates the provisions of this |
| 27 | section by selling or offering for sale an alcohol vaporizing |
| 28 | device commits a misdemeanor of the first degree, punishable as |
| 29 | provided in s. 775.082 or s. 775.083. Any person who violates |
| 30 | the provisions of this section by selling or offering for sale |
| 31 | an alcohol vaporizing device after having been previously |
| 32 | convicted of such an offense within the past 5 years commits a |
| 33 | felony of the third degree, punishable as provided in s. 775.082 |
| 34 | or s. 775.083. |
| 35 | (b) Any person who violates this section by purchasing or |
| 36 | using an alcohol vaporizing device shall be subject to a fine of |
| 37 | $250. |
| 38 | Section 2. This act shall take effect July 1, 2005. |