(1) For purposes of this section, the term “alcohol vaporizing device” means any device, machine, or process which mixes spirits, liquor, or other alcohol products with pure oxygen or other gas to produce a vaporized product for the purpose of consumption by inhalation.
(2) A person may not sell, offer for sale, purchase, or use an alcohol vaporizing device.
(3)(a) Any person who violates this section by selling or offering for sale an alcohol vaporizing device commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Any person who violates this section by selling or offering for sale an alcohol vaporizing device after having been previously convicted of such an offense within the past 5 years commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.
(b) Any person who violates this section by purchasing or using an alcohol vaporizing device commits a noncriminal violation with a fine of $250.
(4) This section does not apply to the administration or prescription of a product that contains alcohol by a health care practitioner who is licensed under the laws of this state or another state.
History.—s. 1, ch. 2006-128.
Structure Florida Statutes
Title XXXIV - Alcoholic Beverages and Tobacco
Chapter 562 - Beverage Law: Enforcement
562.01 - Possession of Untaxed Beverages.
562.02 - Possession of Beverage Not Permitted to Be Sold Under License.
562.025 - Possession of Beverages as Food Ingredients.
562.03 - Storage on Licensed Premises.
562.06 - Sale Only on Licensed Premises.
562.061 - Misrepresentation of Beverages Sold on Licensed Premises.
562.07 - Illegal Transportation of Beverages.
562.111 - Possession of Alcoholic Beverages by Persons Under Age 21 Prohibited.
562.121 - Operating Bottle Club Without License Prohibited.
562.13 - Employment of Minors or Certain Other Persons by Certain Vendors Prohibited; Exceptions.
562.131 - Solicitation for Sale of Alcoholic Beverage Prohibited; Penalty.
562.15 - Unlawful Possession; Unpaid Taxes.
562.16 - Possession of Beverages Upon Which Tax Is Unpaid.
562.165 - Production of Beer or Wine for Personal or Family Use; Exemption.
562.17 - Collection of Unpaid Beverage Taxes.
562.18 - Possession of Beverage Upon Which Federal Tax Unpaid.
562.20 - Monthly Reports by Common and Other Carriers of Beverages Required.
562.23 - Conspiracy to Violate Beverage Law; Penalty.
562.24 - Administration of Oaths by Director or Authorized Employees.
562.25 - State Bonded Warehouses.
562.26 - Delivering Beverage on Which Tax Unpaid.
562.27 - Seizure and Forfeiture.
562.28 - Possession of Beverages in Fraud of Beverage Law.
562.29 - Raw Materials and Personal Property; Seizure and Forfeiture.
562.30 - Possession of Beverage Prima Facie Evidence; Exception.
562.31 - Possession of Raw Materials Prima Facie Evidence; Exception.
562.32 - Moving or Concealing Beverage With Intent to Defraud State of Tax; Penalty.
562.33 - Beverage and Personal Property; Seizure and Forfeiture.
562.34 - Containers; Seizure and Forfeiture.
562.35 - Conveyance; Seizure and Forfeiture.
562.36 - Beverage on Conveyance Prima Facie Evidence; Proviso.
562.408 - Exercise of Police Power.
562.42 - Destruction of Forfeited Property.
562.452 - Curb Service of Intoxicating Liquor Prohibited.
562.453 - Curb Drinking of Intoxicating Liquor Prohibited.
562.454 - Vendors to Be Closed in Time of Riot.
562.455 - Adulterating Liquor; Penalty.
562.46 - Legal Remedies Not Impaired.
562.47 - Rules of Evidence; Beverage Law.
562.48 - Minors Patronizing, Visiting, or Loitering in a Dance Hall.
562.50 - Habitual Drunkards; Furnishing Intoxicants To, After Notice.
562.51 - Retail Alcoholic Beverage Establishments; Rights as Private Enterprise.
562.61 - Sale, Offer for Sale, Purchase, or Use of Alcohol Vaporizing Devices Prohibited.