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. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 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,
oradvertisement, or retail sale of drug 20 paraphernalia.— 21 (6) RETAIL SALE OF DRUG 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 any36 of the provisions ofthis 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 Section 569.0073, Florida Statutes, is repealed. 46 Section 4.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.