The Florida Senate

499.039  Sale, distribution, or transfer of harmful chemical substances; penalties; authority for enforcement.--It is unlawful for a person to sell, deliver, or give to a person under the age of 18 years any compound, liquid, or chemical containing toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichloroethane, isopropanol, methyl isobutyl ketone, ethylene glycol monomethyl ether acetate, cyclohexanone, nitrous oxide, diethyl ether, alkyl nitrites (butyl nitrite), or any similar substance for the purpose of inducing by breathing, inhaling, or ingesting a condition of intoxication or which is intended to distort or disturb the auditory, visual, or other physical or mental processes.

(1)  On the first violation of this section, the department may issue a warning according to s. 499.071, if the violation has not caused temporary or permanent physical or mental injury to the user.

(2)  If any violation of this section has caused temporary or permanent physical or mental injury to the user, the department may, pursuant to chapter 120, impose fines according to s. 499.066 and may report any violation to the appropriate state attorney for prosecution.

(3)  The ¹Department of Health and Rehabilitative Services shall adopt rules to implement this section.

History.--s. 12, ch. 86-133; s. 1, ch. 89-296; ss. 33, 52, ch. 92-69.

¹Note.--The Department of Health and Rehabilitative Services was redesignated as the Department of Children and Family Services by s. 5, ch. 96-403, and the Department of Health was created by s. 8, ch. 96-403.