Florida Senate - 2013                                    SB 1140
       By Senator Stargel
       15-00372A-13                                          20131140__
    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         amending s. 569.006, F.S.; authorizing the imposition
    6         of administrative penalties upon retail tobacco
    7         products dealers who commit certain offenses related
    8         to drug paraphernalia; making a technical change;
    9         repealing s. 569.0073, F.S., relating to the retail
   10         sale of certain smoking pipes and smoking devices;
   11         providing an effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Subsection (6) is added to section 893.147,
   17  Florida Statutes, to read:
   18         893.147 Use, possession, manufacture, delivery,
   19  transportation, or advertisement, or retail sale of drug
   20  paraphernalia.—
   22         (a) It is unlawful for a person to knowingly and willfully
   23  sell or offer for sale at retail any drug paraphernalia
   24  described in s. 893.145(12)(a)-(c) or (g)-(m), other than a
   25  wooden pipe.
   26         (b) A person who violates paragraph (a) commits a
   27  misdemeanor of the first degree, punishable as provided in s.
   28  775.082 or s. 775.083, and, upon a second or subsequent
   29  violation, commits a felony of the third degree, punishable as
   30  provided in s. 775.082, s. 775.083, or s. 775.084.
   31         Section 2. Section 569.006, Florida Statutes, is amended to
   32  read:
   33         569.006 Retail tobacco products dealers; administrative
   34  penalties.—The division may suspend or revoke the permit of the
   35  dealer upon sufficient cause appearing of the violation of any
   36  of the provisions of this chapter or s. 893.147, by a dealer or
   37  by a dealer’s agent or employee. The division may also assess
   38  and accept administrative fines of up to $1,000 against a dealer
   39  for each violation. The division shall deposit all fines
   40  collected into the General Revenue Fund as collected. An order
   41  imposing an administrative fine becomes effective 15 days after
   42  the date of the order. The division may suspend the imposition
   43  of a penalty against a dealer, conditioned upon the dealer’s
   44  compliance with terms the division considers appropriate.
   45         Section 3. Section 569.0073, Florida Statutes, is repealed.
   46         Section 4. This act shall take effect October 1, 2013.