Florida Senate - 2013                             CS for SB 1140
       
       
       
       By the Committee on Criminal Justice; and Senator Stargel
       
       
       
       
       591-03349-13                                          20131140c1
    1                        A bill to be entitled                      
    2         An act relating to drug paraphernalia; amending s.
    3         893.147, F.S.; prohibiting the retail sale of certain
    4         drug paraphernalia; providing criminal penalties;
    5         repealing s. 569.0073, F.S., relating to the retail
    6         sale of certain smoking pipes and smoking devices;
    7         providing an effective date.
    8  
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Subsection (6) is added to section 893.147,
   12  Florida Statutes, to read:
   13         893.147 Use, possession, manufacture, delivery,
   14  transportation, or advertisement, or retail sale of drug
   15  paraphernalia.—
   16         (6) RETAIL SALE OF DRUG PARAPHERNALIA.—
   17         (a) It is unlawful for a person to knowingly and willfully
   18  sell or offer for sale at retail any drug paraphernalia
   19  described in s. 893.145(12)(a)-(c) or (g)-(m), other than a
   20  wooden pipe.
   21         (b) A person who violates paragraph (a) commits a
   22  misdemeanor of the first degree, punishable as provided in s.
   23  775.082 or s. 775.083, and, upon a second or subsequent
   24  violation, commits a felony of the third degree, punishable as
   25  provided in s. 775.082, s. 775.083, or s. 775.084.
   26         Section 2. Section 569.0073, Florida Statutes, is repealed.
   27         Section 3. This act shall take effect July 1, 2013.