HOUSE OF REPRESENTATIVES FINAL BILL ANALYSIS BILL #: CS/CS/HB 49 FINAL HOUSE FLOOR ACTION: SPONSOR(S): Judiciary Committee; Criminal Justice Subcommittee; Rouson and others 112 Y’s 3 N’s COMPANION BILLS: (CS/CS/SB 1140) GOVERNOR’S ACTION: Approved SUMMARY ANALYSIS CS/CS/HB 49 passed the House on April 24, 2013, and subsequently passed the Senate on April 26, 2013. Section 893.145, F.S., defines “drug paraphernalia” and includes an extensive list of items that are included in the term. It is important to note the items included as drug paraphernalia in s. 893.145, F.S., are not illegal to possess unless they are used, intended for use, or designed for use in a specified manner (e.g., intended to be used for growing a controlled substance). Section 893.147, F.S., establishes the following five drug paraphernalia crimes: use or possession of drug paraphernalia; manufacture or delivery of drug paraphernalia; delivery of drug paraphernalia to a minor; transportation of drug paraphernalia; and advertisement of drug paraphernalia. The bill amends s. 893.147, F.S., to make it a first degree misdemeanor for a person to knowingly and willfully sell or offer for sale at retail any of the drug paraphernalia listed in s. 893.145(12)(a)-(c) and (g)-(m), F.S., and a second or subsequent violation a third degree felony. The drug paraphernalia included are: Metal, wooden, acrylic, glass, stone, plastic, or ceramic smoking pipes, with or without screens, permanent screens, hashish heads, or punctured metal bowls; water pipes; carburetion tubes and devices; chamber pipes; carburetor pipes; electric pipes; air-driven pipes; chillums; bongs; ice pipes or chillers. The bill provides an exception for pipes that are primarily made of briar, meerschaum, clay, or corn cob. On March 21, 2013, the Criminal Justice Impact Conference determined that SB 1140, which is similar to CS/CS/HB 49, will increase the state prison bed population; however, the extent of the increase is indeterminate. The bill may also have a negative jail bed impact on local governments. The bill was approved by the Governor on June 5, 2013, ch. 2013-111, L.O.F., and will become effective on July 1, 2013.
Posted on: Sun, 30 Jun 2013 14:10:44 +0000
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