Florida Senate - 2013                      CS for CS for SB 1140
       By the Committees on Appropriations; and Criminal Justice; and
       Senator Stargel
       576-04640-13                                          20131140c2
    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.
    9  Be It Enacted by the Legislature of the State of Florida:
   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.—
   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 pipe
   20  that is primarily made of briar, meerschaum, clay or corn cob.
   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 Section 569.0073, Florida Statutes, is repealed.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.