Quote2010 Legislature CS for CS for SB 366, 1st Engrossed
2010366er
1
2 An act relating to retail sales of smoking pipes and
3 smoking devices; creating s. 569.0073, F.S.;
4 prohibiting retail sales of certain smoking pipes and
5 smoking devices under certain circumstances;
6 specifying criteria for the lawful sales of such
7 items; providing a criminal penalty for unlawful sales
8 of such items; providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Section 569.0073, Florida Statutes, is created
13 to read:
14 569.0073 Special provisions; smoking pipes and smoking
15 devices.â€"
16 (1) It is unlawful for any person to offer for sale at
17 retail any of the items listed in subsection (2) unless such
18 person:
19 (a) Has a retail tobacco products dealer permit under s.
20 569.003. The provisions of this chapter apply to any person that
21 offers for retail sale any of the items listed in subsection
22 (2); and
23 (b)1. Derives at least 75 percent of its annual gross
24 revenues from the retail sale of cigarettes, cigars, and other
25 tobacco products; or
26 2. Derives no more than 25 percent of its annual gross
27 revenues from the retail sale of the items listed in subsection
28 (2).
29 (2) The following smoking pipes and smoking devices are
30 subject to the provisions of this section:
31 (a) Metal, wooden, acrylic, glass, stone, plastic, or
32 ceramic smoking pipes, with or without screens, permanent
33 screens, or punctured metal bowls.
34 (b) Water pipes.
35 (c) Carburetion tubes and devices.
36 (d) Chamber pipes.
37 (e) Carburetor pipes.
38 (f) Electric pipes.
39 (g) Air-driven pipes.
40 (h) Chillums.
41 (i) Bongs.
42 (j) Ice pipes or chillers.
43 (3) Any person who violates this section commits a
44 misdemeanor of the first degree, punishable as provided in s.
45 775.082 or s. 775.083.
46 Section 2. This act shall take effect July 1, 2010.
i'm not good with legalese, so i could be mistaken...but it looks like this would essentially outlaw hookahs? what?
Next on the agenda... "marital aids" and naughty movies... ::)
srsly, this is bleeding ridiculous--and a new tobacco shop just opened up in riverside, too--i hope this won't put them under before they've properly got started.
Quote(a) Metal, wooden, acrylic, glass, stone, plastic, or
32 ceramic smoking pipes, with or without screens, permanent
33 screens, or punctured metal bowls.
34 (b) Water pipes.
35 (c) Carburetion tubes and devices.
36 (d) Chamber pipes.
37 (e) Carburetor pipes.
38 (f) Electric pipes.
39 (g) Air-driven pipes.
40 (h) Chillums.
41 (i) Bongs.
42 (j) Ice pipes or chillers.
Tobacco shops ought to benefit from this, actually. They will be the only ones legally allowed to sell the pipes listed above.
Quote(a) Has a retail tobacco products dealer permit under s.
20 569.003. The provisions of this chapter apply to any person that
21 offers for retail sale any of the items listed in subsection
22 (2); and
23 (b)1. Derives at least 75 percent of its annual gross
24 revenues from the retail sale of cigarettes, cigars, and other
25 tobacco products; or
Convenience stores will no longer be able to sell these items.
They'd better outlaw soda and beer cans from convenient stores too lest someone poke a hole in one.... ::)
Quote from: Burn to Shine on June 25, 2010, 03:50:02 PM
They'd better outlaw soda and beer cans from convenient stores too lest someone poke a hole in one.... ::)
I was thinking the same thing. The middle class crack smokers will suffer. ::) The poor already know how to make do.
My prediction: There will be a lot more people asking, "What the $%#$ happened to the antenna on my car?!"
Bloody ridiculous .. ! seriously.
They'll need to outlaw soda bottles, soda cans, tin foil, paper towel and toilet paper rolls, and remove apples, pears, mangoes, melons, lemons, limes, and many other types of fruits and vegetables from the stores. In my youth, I've made pipes from all of these various items. Are they going to ban cigars too. For Christ's sake, LEGALIZE IT!!!!! There are many other countries that have already legalized many different types of drugs and the outcome is actually LOWER percentages of drug abusers/users.. You take the "cool factor" out of it, and people stop using it...
Quote from: soxfan on June 26, 2010, 08:56:44 AM
They'll need to outlaw soda bottles, soda cans, tin foil, paper towel and toilet paper rolls, and remove apples, pears, mangoes, melons, lemons, limes, and many other types of fruits and vegetables from the stores. In my youth, I've made pipes from all of these various items. Are they going to ban cigars too. For Christ's sake, LEGALIZE IT!!!!! There are many other countries that have already legalized many different types of drugs and the outcome is actually LOWER percentages of drug abusers/users.. You take the "cool factor" out of it, and people stop using it...
In essence, they did "legalize" it. By making it legal for tobacco shops to sell "smoking pipes", retail sales of these articles will be licensed and regulated.
It's a good news/bad news situation for consumer groups who oppose the sale of these items.
The good news is that corner convenience stores will break the law by selling "crack pipes." The bad news is that tobacco stores can open anywhere a retail store can and legally sell these items and more.
Quote from: sheclown on June 26, 2010, 11:31:39 AM
Quote from: soxfan on June 26, 2010, 08:56:44 AM
They'll need to outlaw soda bottles, soda cans, tin foil, paper towel and toilet paper rolls, and remove apples, pears, mangoes, melons, lemons, limes, and many other types of fruits and vegetables from the stores. In my youth, I've made pipes from all of these various items. Are they going to ban cigars too. For Christ's sake, LEGALIZE IT!!!!! There are many other countries that have already legalized many different types of drugs and the outcome is actually LOWER percentages of drug abusers/users.. You take the "cool factor" out of it, and people stop using it...
In essence, they did "legalize" it. By making it legal for tobacco shops to sell "smoking pipes", retail sales of these articles will be licensed and regulated.
It's a good news/bad news situation for consumer groups who oppose the sale of these items.
The good news is that corner convenience stores will break the law by selling "crack pipes." The bad news is that tobacco stores can open anywhere a retail store can and legally sell these items and more.
you actually make a good point , this coupled with the enormous tax base that could be obtained from the revenues generated...
Here are a few of the reasons I personally think it will not happen anytime soon in Florida..
A. Unless it were governed with the same laws as driving under the influence, which it should, There would be the loss of court fines, attorneys fees , fines in general, of possession of... The loss of these revenues from law enforcement , and attorneys who represent these folks that get busted, would probably make both really upset. Just as making renewable marriage licenses every year would eliminate most divorce.... The attorneys would have a poo poo fit !!
B. There would probably be those that would want to still grow their own .
C. Many, including the some religious folks , consider it a sin.
D. Many still consider Weed a "gateway" drug..
So I seriously doubt we will see it "legalized" anytime soon... POSSIBLY Medically allowed but I am not betting on that either. At the very best we might see posession of a very small amount decriminalized, but I am not even banking on that.
Just my 2 cents ( as usual, no retail value ) :)
@sheclown --- what about those tacky little 'rose vases' that no self-respecting woman would accept from a man, but would make a great crack stem for those crackies?
@Jaxson:
Quote
(a) Metal, wooden, acrylic, glass, stone, plastic, or
32 ceramic smoking pipes, with or without screens, permanent
33 screens, or punctured metal bowls.
34 (b) Water pipes.
35 (c) Carburetion tubes and devices.
36 (d) Chamber pipes.
37 (e) Carburetor pipes.
38 (f) Electric pipes.
39 (g) Air-driven pipes.
40 (h) Chillums.
41 (i) Bongs.
42 (j) Ice pipes or chillers.
I don't see the rose vases on here, so I guess they are okay.
@Timkin
Quote
(3) Any person who violates this section commits a
44 misdemeanor of the first degree, punishable as provided in s.
45 775.082 or s. 775.083.
According to the new law.
Somewhere along the way, common sense has to come into play. Rose stems should be outlawed because they "might" be used for an illegal purpose? There are literally thousands of items sold every single day that could fall into that category. And besides, in what world do you thing that street crack head, you know, the ones that scare you, not the ones that live next door in that 600K house, would spent money on that rose when your classic car antenna can be had for free?
We have ash issues that could easily collapse the entire community and some are worried about glass rose stems and fancy pipes no self respecting street addict would use in a thousand years. And the laughable part is that our law makers listened to those few and spent untold thousands of our tax dollars to pass a law to regulate who can sell those pipes. Hey, I guess it gave them something to do other than worry about the real and bigger problems.
I am glad they did this, Strider. I like the definitive nature of it all.
It is a stupid ass law IMO .
The stranger thing about this legislation is how it came into being. It's strongest advocate is a Democrat who happens to be a former crack addict. While his heart is in the right place, I do not believe that this new law will ultimately end the drug problem...
If only..... Can you imagine the amount of money that has been spent on "the War on Drugs" ? I have to concur Jaxson , the advocate is probably coming from a good place.. but not all people are addicted to crack. Not all people are addicted to meth. By the grace of God I have never messed with either. But I personally do not consider weed to be comparable with either of these. I think it should be decriminalized, treated with similar laws as alcohol influence ,so as to curtail drivers... but it is in a league of its own, and I personally do not see weed as a gateway drug (or drug at all for that matter) to worse addictions.. The irony is , Alcohol IS a drug , it is legal. It kills many people every day either in health related ways, or car accidents, yet it still remains for sale on every corner of most every country. To me something is terribly wrong with this picture.
Quote from: soxfan on June 26, 2010, 08:56:44 AM
They'll need to outlaw soda bottles, soda cans, tin foil, paper towel and toilet paper rolls, and remove apples, pears, mangoes, melons, lemons, limes, and many other types of fruits and vegetables from the stores. In my youth, I've made pipes from all of these various items.
Still processing the image of Sox smoking a mango.
i've never even heard ov fruit pipes before, but i imagine some ov them could be pretty nifty.
http://www.tampabay.com/news/courts/civil/head-shop-owners-dont-like-floridas-new-bong-bill/1105625
I think this is a completely STUPID bill. Sorry ... I know Ive already said that :D
I agree with you 100%, Timkin! : )
Thanks :) LETS PROTEST !!!!!!!!!!!!!!!!!!!!!!!! lol
Let's have a smoke-in...just kidding...you can stop tapping my phones, DEA! ; )
LOL..
Quote from: Jaxson on June 29, 2010, 09:53:14 PM
http://www.tampabay.com/news/courts/civil/head-shop-owners-dont-like-floridas-new-bong-bill/1105625
Quote
Head shop owners don't like Florida's new 'bong bill'
By Shelley Rossetter, Times Staff Writer
In Print: Tuesday, June 29, 2010
TAMPA â€" A state law that makes it a crime to sell smoking devices such as pipes and bongs at most head shops takes effect Thursday.
And that has some of the shop owners fuming.
So much so that 26 of the specialty retail stores across the state have filed a lawsuit in Hillsborough County to stop the law, calling it unconstitutional.
The law "singles out a specific type of retail business, and criminalizes the owners," the lawsuit filed on June 18 said.
Beginning Thursday, stores may sell bongs and pipes only if they have a state license to sell tobacco and derive 75 percent of their annual revenue from tobacco products, or no more than 25 percent from the smoking devices.
According to the law, smoking devices include any metal, wooden, acrylic, glass, stone, plastic or ceramic smoking pipes, water pipes or bongs.
For Rep. Darryl Rouson, the St. Petersburg Democrat who sponsored the so-called bong bill, the law reveals the truth behind a charade going on for years.
"Everyone knows what's being smoked out of these pipes; the only ones who claim they don't know are the sellers of these pipes," he said. "The law just tries to chip away at what we know is a facade."
The lawsuit, filed against the state by businesses including G-Spot III in Tampa and Mellow Mood in Pinellas Park, also says the law is problematic in its approach to determining which businesses can legally sell the smoking devices in such a short time frame.
The law "cannot be validly enforced because there is no provision for any method to determine" the percentage of sales or the annual revenue made through the sales of tobacco products or smoking devices, the lawsuit said.
The lawsuit suggests an effective date of July 1, 2011, instead.
An attorney for the businesses could not be reached Monday.
Shelley Rossetter can be reached at (863) 226-3374 or srossetter@sptimes.com.
[Last modified: Jun 28, 2010 11:24 PM]
Quote from: Debbie Thompson on June 29, 2010, 12:44:10 PM
Quote from: soxfan on June 26, 2010, 08:56:44 AM
They'll need to outlaw soda bottles, soda cans, tin foil, paper towel and toilet paper rolls, and remove apples, pears, mangoes, melons, lemons, limes, and many other types of fruits and vegetables from the stores. In my youth, I've made pipes from all of these various items.
Still processing the image of Sox smoking a mango.
Deb, it was all about the creativity.. We tried all kinds of things, some worked, some didn't.. I was young..
Quote from: soxfan on June 30, 2010, 06:54:15 AM
Quote from: Debbie Thompson on June 29, 2010, 12:44:10 PM
Quote from: soxfan on June 26, 2010, 08:56:44 AM
They'll need to outlaw soda bottles, soda cans, tin foil, paper towel and toilet paper rolls, and remove apples, pears, mangoes, melons, lemons, limes, and many other types of fruits and vegetables from the stores. In my youth, I've made pipes from all of these various items.
Still processing the image of Sox smoking a mango.
Deb, it was all about the creativity.. We tried all kinds of things, some worked, some didn't.. I was young..
Seems like a mango would be too moist.
So it appears that Halah's, the local Arab grocer, will need to stop selling Hookahs. Dumb.
Quote from: Starbuck on June 30, 2010, 08:20:45 AM
So it appears that Halah's, the local Arab grocer, will need to stop selling Hookahs. Dumb.
OMG, you're right.
THAT is a crying shame. (They have the best hookah tobacco selection in town, IMO)
Many people claim to believe in "personal responsiblity"; they make laws that dictate "responsible behavior" to others, then fail to see the irony in that.
However the truth is in what Soxfan posted about his youthful creativity, and what the crackheads want with car antennas; that where there is a will their is a way and means will be made.
Has anyone checked with Hala? The knife/cigar/hookah place at the orange park mall said the law doesn't change anything with them and we actually just bought a hookah and all the fixins' at Hala this Friday and they didn't mention anything about not being able to sell them anymore. They had a sale on charcoal but that's about it.
Quote from: Burn to Shine on June 25, 2010, 03:50:02 PM
They'd better outlaw soda and beer cans from convenient stores too lest someone poke a hole in one.... ::)
and apples.
Better outlaw corncob pipes and spigots too .. I mean geez .. practically anything could be retrofitted to be a pipe..
Quote from: Timkin on July 06, 2010, 08:16:32 PM
Better outlaw corncob pipes and spigots too .. I mean geez .. practically anything could be retrofitted to be a pipe..
Add tin foil to the list.