(1) It is unlawful for any person to knowingly or intentionally:
(a) Possess a listed chemical with the intent to unlawfully manufacture a controlled substance;
(b) Possess or distribute a listed chemical knowing, or having reasonable cause to believe, that the listed chemical will be used to unlawfully manufacture a controlled substance.
(2) Any person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) This section does not apply to a public employee or private contractor authorized to clean up or dispose of hazardous waste or toxic substances resulting from the prohibited activities listed in s. 893.13(1)(g).
(4) Any damages arising out of the unlawful possession of, storage of, or tampering with a listed chemical, as defined in s. 893.033, shall be the sole responsibility of the person or persons unlawfully possessing, storing, or tampering with the listed chemical. In no case shall liability for damages arising out of the unlawful possession of, storage of, or tampering with a listed chemical extend to the lawful owner, installer, maintainer, designer, manufacturer, possessor, or seller of the listed chemical, unless such damages arise out of the acts or omissions of the owner, installer, maintainer, designer, manufacturer, possessor, or seller which constitute negligent misconduct or failure to abide by the laws regarding the possession or storage of a listed chemical.
History.—s. 5, ch. 91-279; s. 3, ch. 2003-15; s. 4, ch. 2005-128; s. 35, ch. 2016-105.
Structure Florida Statutes
Chapter 893 - Drug Abuse Prevention and Control
893.015 - Statutory References.
893.03 - Standards and Schedules.
893.0301 - Death Resulting From Apparent Drug Overdose; Reporting Requirements.
893.031 - Industrial Exceptions to Controlled Substance Scheduling.
893.0356 - Control of New Substances; Findings of Fact; “Controlled Substance Analog” Defined.
893.04 - Pharmacist and Practitioner.
893.05 - Practitioners and Persons Administering Controlled Substances in Their Absence.
893.055 - Prescription Drug Monitoring Program.
893.0551 - Public Records Exemption for the Prescription Drug Monitoring Program.
893.06 - Distribution of Controlled Substances; Order Forms; Labeling and Packaging Requirements.
893.10 - Burden of Proof; Photograph or Video Recording of Evidence.
893.101 - Legislative Findings and Intent.
893.105 - Testing and Destruction of Seized Substances.
893.11 - Suspension, Revocation, and Reinstatement of Business and Professional Licenses.
893.12 - Contraband; Seizure, Forfeiture, Sale.
893.13 - Prohibited Acts; Penalties.
893.138 - Local Administrative Action to Abate Certain Activities Declared Public Nuisances.
893.145 - “Drug Paraphernalia” Defined.
893.146 - Determination of Paraphernalia.
893.149 - Unlawful Possession of Listed Chemical.
893.1495 - Retail Sale of Ephedrine and Related Compounds.
893.165 - County Alcohol and Other Drug Abuse Treatment or Education Trust Funds.
893.20 - Continuing Criminal Enterprise.
893.30 - Controlled Substance Safety Education and Awareness.