Florida Senate - 2023                                     SB 164
       By Senator Polsky
       30-00067B-23                                           2023164__
    1                        A bill to be entitled                      
    2         An act relating to controlled substance testing;
    3         amending s. 893.145, F.S.; revising the definition of
    4         the term “drug paraphernalia” to exclude certain
    5         narcotic-drug-testing products; providing an effective
    6         date.
    8  Be It Enacted by the Legislature of the State of Florida:
   10         Section 1. Subsection (4) of section 893.145, Florida
   11  Statutes, is amended to read:
   12         893.145 “Drug paraphernalia” defined.—The term “drug
   13  paraphernalia” means all equipment, products, and materials of
   14  any kind which are used, intended for use, or designed for use
   15  in planting, propagating, cultivating, growing, harvesting,
   16  manufacturing, compounding, converting, producing, processing,
   17  preparing, testing, analyzing, packaging, repackaging, storing,
   18  containing, concealing, transporting, injecting, ingesting,
   19  inhaling, or otherwise introducing into the human body a
   20  controlled substance in violation of this chapter or s. 877.111.
   21  Drug paraphernalia is deemed to be contraband which shall be
   22  subject to civil forfeiture. The term includes, but is not
   23  limited to:
   24         (4) Testing equipment used, intended for use, or designed
   25  for use in identifying, or in analyzing the strength,
   26  effectiveness, or purity of, controlled substances, excluding
   27  narcotic-drug-testing products that are used to determine
   28  whether a controlled substance contains fentanyl as described in
   29  s. 893.03(2)(b)9. or a controlled substance analog, as defined
   30  in s. 893.0356, of fentanyl.
   31         Section 2. This act shall take effect July 1, 2023.