HB 0095CS

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 alcoholic beverages; 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:
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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, the term "alcohol
20vaporizing device" means any device, machine, or process which
21mixes spirits, liquor, or other alcohol products with pure
22oxygen or other gas to produce a vaporized product for the
23purpose of consumption by inhalation.
24     (2)  A person may not sell, offer for sale, purchase, or
25use an alcohol vaporizing device.
26     (3)(a)  Any person who violates this section by selling or
27offering for sale an alcohol vaporizing device commits a
28misdemeanor of the first degree, punishable as provided in s.
29775.082 or s. 775.083. Any person who violates this section by
30selling or offering for sale an alcohol vaporizing device after
31having been previously convicted of such an offense within the
32past 5 years commits a felony of the third degree, punishable as
33provided in s. 775.082 or s. 775.083.
34     (b)  Any person who violates this section by purchasing or
35using an alcohol vaporizing device shall be subject to a fine of
36$250.
37     Section 2.  This act shall take effect July 1, 2006.


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