Senate Bill sb1154c1

    Florida Senate - 2006                           CS for SB 1154

    By the Committee on Criminal Justice; and Senator Haridopolos





    591-1969-06

  1                      A bill to be entitled

  2         An act relating to alcoholic beverages;

  3         creating s. 562.61, F.S.; providing a

  4         definition of the term "alcohol vaporizing

  5         device"; prohibiting the sale, offer for sale,

  6         purchase, or use of machines or devices that

  7         vaporize alcohol; providing penalties;

  8         providing a fine; providing an effective date.

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

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12         Section 1.  Section 562.61, Florida Statutes, is

13  created to read:

14         562.61  Sale, offer for sale, purchase, or use of

15  alcohol vaporizing devices prohibited.--

16         (1)  For purposes of this section, the term "alcohol

17  vaporizing device" means any device, machine, or process that

18  mixes spirits, liquor, or other alcohol products with pure

19  oxygen or other gas to produce a vaporized product for the

20  purpose of consumption by inhalation.

21         (2)  A person may not sell, offer for sale, purchase,

22  or use an alcohol vaporizing device.

23         (3)(a)  Any person who violates this section by selling

24  or offering for sale an alcohol vaporizing device commits a

25  misdemeanor of the first degree, punishable as provided in s.

26  775.082 or s. 775.083. Any person who violates this section by

27  selling or offering for sale an alcohol vaporizing device

28  after having been previously convicted of such an offense

29  within the past 5 years commits a felony of the third degree,

30  punishable as provided in s. 775.082 or s. 775.083.

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    Florida Senate - 2006                           CS for SB 1154
    591-1969-06




 1         (b)  Any person who violates this section by purchasing

 2  or using an alcohol vaporizing device commits a noncriminal

 3  violation and is subject to a fine of $250.

 4         (4)  This section does not apply to the administration

 5  or prescription of a product that contains alcohol by a health

 6  care practitioner who is licensed under the laws of this state

 7  or another state.

 8         Section 2.  This act shall take effect July 1, 2006.

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10          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
11                         Senate Bill 1154

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13  Provides an exception for the administration or prescription
    of alcohol-containing products by a health practitioner
14  licensed in Florida or another state.

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