HB 0241CS

CHAMBER ACTION




1The Criminal Justice Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to alcohol vaporizing devices; creating s.
7562.61, F.S.; providing a definition of the term "alcohol
8vaporizing device"; prohibiting the sale, offer for sale,
9purchase, or use of machines or devices which vaporize
10alcohol; providing penalties; providing a fine; providing
11an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Section 562.61, Florida Statutes, is created to
16read:
17     562.61  Sale, offer for sale, purchase, or use of alcohol
18vaporizing devices prohibited.--
19     (1)  For purposes of this section, "alcohol vaporizing
20device" means any device, machine, or process which mixes
21spirits, liquor, or other alcohol products with pure oxygen or
22other gas to produce a vaporized product for the purpose of
23consumption by inhalation.
24     (2)  No person shall sell, offer for sale, purchase, or use
25an alcohol vaporizing device.
26     (3)(a)  Any person who violates the provisions of this
27section by selling or offering for sale an alcohol vaporizing
28device commits a misdemeanor of the first degree, punishable as
29provided in s. 775.082 or s. 775.083. Any person who violates
30the provisions of this section by selling or offering for sale
31an alcohol vaporizing device after having been previously
32convicted of such an offense within the past 5 years commits a
33felony of the third degree, punishable as provided in s. 775.082
34or s. 775.083.
35     (b)  Any person who violates this section by purchasing or
36using an alcohol vaporizing device shall be subject to a fine of
37$250.
38     Section 2.  This act shall take effect July 1, 2005.


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