Senate Bill 1394 (2026) — Department of Business and Professional Regulation
SB 1394
Florida Bills
Florida Senate - 2026 SB 1394 By Senator Martin 33-01655-26 20261394__ Page 1 of 18 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to the Department of Business and 2 Professional Regulation; amending s. 20.165, F.S.; 3 revising the primary investigative, enforcement, and 4 prosecutorial responsibilities of law enforcement 5 officers appointed by the Division of Alcoholic 6 Beverages and Tobacco within the Department of 7 Business and Professional Regulation; amending s. 8 448.095, F.S.; revising the lists of persons or 9 entities that may request copies of certain 10 documentation relied on by an employer to verify a new 11 employee’s employment eligibility to include the 12 department; requiring the department to notify the 13 Department of Commerce and the Department of Law 14 Enforcement within a specified timeframe if it 15 believes an employer failed to properly verify an 16 employee’s employment eligibility; amending s. 17 468.412, F.S.; revising a provision prohibiting talent 18 agencies from sending or causing to be sent any 19 employee or minor to certain locations for certain 20 purposes; providing an exception; providing criminal 21 penalties; amending s. 509.261, F.S.; providing that a 22 public lodging establishment or public food service 23 establishment that distributes or sells hemp extract 24 in violation of the state hemp program is subject to 25 specified penalties; amending s. 559.79, F.S.; 26 authorizing the Department of Business and 27 Professional Regulation to request certain personal 28 identification information from an applicant or 29
Florida Senate - 2026 SB 1394 33-01655-26 20261394__ Page 2 of 18 CODING: Words stricken are deletions; words underlined are additions. licensee to evaluate and validate the applicant’s or 30 licensee’s work authorization status; authorizing the 31 department to request specified information; 32 authorizing the department to submit an applicant’s or 33 licensee’s personal identification information to the 34 appropriate federal agencies to validate the 35 applicant’s or licensee’s identity or work 36 authorization status; requiring the department to 37 suspend the license of any licensee found not to have 38 work authorization status; requiring the department to 39 reinstate a license without additional charge to the 40 licensee upon verification that the licensee is 41 authorized to work in the United States; providing 42 that the department is not liable for any licensure 43 delay, denial, or suspension; authorizing the 44 department to enter into memoranda of understanding; 45 authorizing the department to adopt rules; amending s. 46 569.006, F.S.; revising the circumstances in which the 47 division may suspend or revoke the permit of a retail 48 tobacco products dealer; creating s. 569.24, F.S.; 49 prohibiting a dealer, or a dealer’s agents or 50 employees, from possessing, selling, or possessing 51 with the intent to sell, deliver, or give, directly or 52 indirectly, nitrous oxide; providing applicability; 53 providing criminal penalties; amending s. 569.35, 54 F.S.; revising the circumstances in which the division 55 may suspend or revoke the permit of a retail nicotine 56 product dealer; amending s. 877.111, F.S.; deleting 57 nitrous oxide as a prohibited substance to be inhaled 58
Florida Senate - 2026 SB 1394 33-01655-26 20261394__ Page 3 of 18 CODING: Words stricken are deletions; words underlined are additions. or ingested for specified purposes; deleting criminal 59 penalties related to the inhalation or ingestion of 60 nitrous oxide; deleting applicability; making 61 technical changes; creating s. 877.113, F.S.; 62 prohibiting a person from inhaling, ingesting, or 63 possessing with the intent to inhale or ingest for 64 specified purposes any compound, liquid, or chemical 65 containing nitrous oxide; providing criminal 66 penalties; providing that the possession or presence 67 of any drug paraphernalia constitutes prima facie 68 evidence that the person possessed, distributed, sold, 69 transferred, or possessed with the intent to sell, 70 inhale, or ingest nitrous oxide for specified 71 purposes; authorizing a court to require a person to 72 participate in a substance abuse services program that 73 is approved or regulated by the Department of Children 74 and Families; providing that such participation may be 75 imposed in addition to, or in lieu of, any penalty or 76 probation otherwise prescribed by law; prohibiting 77 such penalty, probation, or program participation from 78 exceeding the maximum sentence possible for an 79 offense; providing applicability; amending s. 316.193, 80 F.S.; conforming a provision to changes made by the 81 act; reenacting s. 448.09(2), F.S., relating to the 82 prohibition against the employment of unauthorized 83 aliens, to incorporate the amendment made to s. 84 448.095, F.S., in a reference thereto; reenacting ss. 85 893.145(12) and 948.15(1), F.S., relating to the 86 definition of “drug paraphernalia” and misdemeanor 87
Florida Senate - 2026 SB 1394 33-01655-26 20261394__ Page 4 of 18 CODING: Words stricken are deletions; words underlined are additions. probation services, respectively, to incorporate the 88 amendment made to s. 877.111, F.S., in references 89 thereto; providing an effective date. 90 91 Be It Enacted by the Legislature of the State of Florida: 92 93
Section 1. Paragraph (
b) of subsection (9) of
section 94 20.165, Florida Statutes, is amended to read: 95 20.165 Department of Business and Professional Regulation.—96 There is created a Department of Business and Professional 97 Regulation. 98 (9) 99 (
b) Each employee serving as a law enforcement officer for 100 the division must meet the qualifications for employment or 101 appointment as a law enforcement officer set forth under s. 102 943.13 and must be certified as a law enforcement officer by the 103 Department of Law Enforcement under
chapter 943. Upon 104 certification, each law enforcement officer is subject to and 105 has the same authority as provided for law enforcement officers 106 generally in
chapter 901 and has statewide jurisdiction. Each 107 officer also has arrest authority as provided for state law 108 enforcement officers in s. 901.15. Each officer possesses the 109 full law enforcement powers granted to other peace officers of 110 this state, including the authority to make arrests, carry 111 firearms, serve court process, and seize contraband and the 112 proceeds of illegal activities. 113 1. The primary responsibility of each officer appointed 114 under this
section is to investigate, enforce, and prosecute, 115 throughout the state, violations and violators of parts I and II 116
Florida Senate - 2026 SB 1394 33-01655-26 20261394__ Page 5 of 18 CODING: Words stricken are deletions; words underlined are additions. of
chapter 210,
chapter 310,
chapter 326, parts I and III of 117
chapter 450,
chapter 455, parts VI-IX, XI, XII, XV, and XVI of 118
chapter 468,
chapter 469,
chapter 471, chapters 473-477,
chapter 119 481, parts I and II of
chapter 489,
chapter 499,
chapter 509, 120
chapter 548,
chapter 553,
part VII of
chapter 559, and chapters 121 561-569, chapters 718 and 719,
chapter 721, and
chapter 723, and 122 the rules adopted thereunder, as well as other state laws that 123 the division, all state law enforcement officers, or beverage 124 enforcement agents are specifically authorized to enforce. 125 2. The secondary responsibility of each officer appointed 126 under this
section is to enforce all other state laws, provided 127 that the enforcement is incidental to exercising the officer’s 128 primary responsibility as provided in subparagraph 1., and the 129 officer exercises the powers of a deputy sheriff, only after 130 consultation or coordination with the appropriate local 131 sheriff’s office or municipal police department or when the 132 division participates in the Florida Mutual Aid Plan during a 133 declared state emergency. 134
Section 2. Paragraph (
a) of subsection (3) of
section 135 448.095, Florida Statutes, is amended, and paragraph (
c) is 136 added to that subsection, to read: 137 448.095 Employment eligibility.— 138
(3) ENFORCEMENT.— 139 (
a) For the purpose of enforcement of this section, any of 140 the following persons or entities may request, and an employer 141 must provide, copies of any documentation relied upon by the 142 employer for the verification of a new employee’s employment 143 eligibility: 144 1. The Department of Law Enforcement; 145
Florida Senate - 2026 SB 1394 33-01655-26 20261394__ Page 6 of 18 CODING: Words stricken are deletions; words underlined are additions. 2. The Attorney General; 146 3. The state attorney in the circuit in which the new 147 employee works; 148 4. The statewide prosecutor; or 149 5. The Department of Commerce; or 150 6. The Department of Business and Professional Regulation. 151 (
c) If the Department of Business and Professional 152 Regulation believes an employer violated subsection (2) or s. 153 448.09, it must notify the Department of Commerce and the 154 Department of Law Enforcement within 30 days after making such 155 determination. 156
Section 3. Subsection (7) of
section 468.412, Florida 157 Statutes, is amended to read: 158 468.412 Talent agency regulations; prohibited acts.— 159 (7)(
a) A No talent agency may not send or cause to be sent 160 a any person as an employee or a minor to a any house of ill 161 fame, to a any house or place of amusement for immoral purposes, 162 or to a any place resorted to for the purposes of prostitution, 163 the character of which places the talent agency could have 164 ascertained upon reasonable inquiry.
A person who violates this 165 paragraph commits a felony of the third degree, punishable as 166 provided in s. 775.082, s. 775.083, or s. 775.084 to any place 167 for the modeling or photographing of a minor in the nude in the 168 absence of written permission from the minor’s parents or legal 169 guardians, the character of which places the talent agency could 170 have ascertained upon reasonable inquiry. 171 (
b) A talent agency may not send or cause to be sent a 172 minor to any place for the purpose of modeling or photographing 173 in the nude unless given written permission from the minor’s 174
Florida Senate - 2026 SB 1394 33-01655-26 20261394__ Page 7 of 18 CODING: Words stricken are deletions; words underlined are additions. parent or legal guardian. A person who violates this paragraph 175 commits a felony of the third degree, punishable as provided in 176 s. 775.082, s. 775.083, or s. 775.084. 177
Section 4. Subsection (1) of
section 509.261, Florida 178 Statutes, is amended to read: 179 509.261 Revocation or suspension of licenses; fines; 180 procedure.— 181
(1) Any public lodging establishment or public food service 182 establishment that has operated or is operating in violation of 183 this chapter, s. 581.217(7), or the rules of the division, 184 operating without a license, or operating with a suspended or 185 revoked license may be subject by the division to: 186 (
a) Fines not to exceed $1,000 per offense; 187 (
b) Mandatory completion, at personal expense, of a 188 remedial educational program administered by a food safety 189 training program provider approved by the division, as provided 190 in s. 509.049; and 191 (
c) The suspension, revocation, or refusal of a license 192 issued pursuant to this chapter. 193
Section 5. Present subsection (3) of
section 559.79, 194 Florida Statutes, is redesignated as subsection (4), and a new 195 subsection (3) is added to that section, to read: 196 559.79 Applications for license or renewal.— 197 (3)(
a) An application for a license or renewal of a license 198 issued by the department may be evaluated to validate the 199 applicant’s or licensee’s identity and work authorization 200 status. As part of the validation process, the department may 201 request personal identification information, including, but not 202 limited to, any of the following: 203
Florida Senate - 2026 SB 1394 33-01655-26 20261394__ Page 8 of 18 CODING: Words stricken are deletions; words underlined are additions. 1. Social security number. 204 2. Passport, including visa information. 205 3. Birth certificate. 206 4. Immigration status. 207 5. Alien registration number. 208 6. Student and Exchange Visitor Information System 209 identification number. 210 7. Naturalization or citizenship certificate number. 211 8. Arrival and departure record. 212 9. Permanent resident card. 213 10. Employment authorization documents. 214 11. Certificate of citizenship. 215 12 Naturalization certificate. 216 13. Refugee travel document. 217 14. State-issued identification. 218 (
b) The department may submit an applicant’s or licensee’s 219 personal identification information to the appropriate federal 220 agencies for the purpose of validating the applicant’s or 221 licensee’s identity or work authorization status. 222 (
c) The department shall immediately suspend the license of 223 any licensee found not to have a work authorization status that 224 entitles the licensee to work in the United States. The 225 department shall reinstate the license, without additional 226 charge to the licensee, upon verification with the appropriate 227 federal agencies that the licensee is authorized to work in the 228 United States. 229 (
d) The department is not liable for any licensure delay, 230 denial, or suspension resulting from the discharge of its duties 231 under this subsection. 232
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e) The department may enter into memoranda of 233 understanding with the appropriate federal agencies to validate 234 an applicant’s or licensee’s identity or work authorization 235 status. 236 (
f) The department may adopt rules to implement this 237 section. 238
Section
Section 569.006, Florida Statutes, is amended to 239 read: 240 569.006 Retail tobacco products dealers; administrative 241 penalties.—The division may suspend or revoke the permit of the 242 dealer upon sufficient cause appearing of the violation of any 243 law of this state or any state or territory of the United States 244 of the provisions of this
chapter , including
part II of this 245
chapter if the dealer deals, at retail, in nicotine products 246 within this the state, or allows a nicotine products vending 247 machine to be located on its premises within this the state, by 248 a dealer or by a dealer’s agent or employee. The division may 249 also assess and accept administrative fines of up to $1,000 250 against a dealer for each violation. The division shall deposit 251 all fines collected into the General Revenue Fund as collected. 252 An order imposing an administrative fine becomes effective 15 253 days after the date of the order.
The division may suspend the 254 imposition of a penalty against a dealer, conditioned upon the 255 dealer’s compliance with terms the division considers 256 appropriate. 257
Section
Section 569.24, Florida Statutes, is created to 258 read: 259 569.24 Selling, furnishing, or giving nitrous oxide 260 prohibited by retailers of tobacco or nicotine products; 261
Florida Senate - 2026 SB 1394 33-01655-26 20261394__ Page 10 of 18 CODING: Words stricken are deletions; words underlined are additions. exceptions.— 262 (1)(
a) A dealer licensed under this chapter, or a dealer’s 263 agents or employees, may not possess, sell, possess with intent 264 to sell, deliver, or give, directly or indirectly, nitrous oxide 265 of any quantity on or from their licensed premises. 266 (
b) This subsection does not apply to establishments 267 licensed under this
chapter and operating as a grocery store if 268 such establishment has a licensed premises comprised of at least 269 10,000 square feet of retail floor space dedicated to the 270 display and sale of groceries and does not qualify as a 271 “convenience business” as defined in s. 812.171. 272
(2) Any dealer, or a dealer’s agents or employees, who 273 violates subsection (1) commits a felony of the third degree, 274 punishable as provided in s. 775.082, s.775.083, or s. 775.084. 275
Section
Section 569.35, Florida Statutes, is amended to 276 read: 277 569.35 Retail nicotine product dealers; administrative 278 penalties.—The division may suspend or revoke the permit of a 279 dealer, including the retail tobacco products dealer permit of a 280 retail tobacco products dealer as defined in s. 569.002(4), upon 281 sufficient cause appearing of the violation of any law of this 282 state or any state or territory of the United States of the 283 provisions of this part, by a dealer, or by a dealer’s agent or 284 employee.
The division may also assess and accept an 285 administrative fine of up to $1,000 against a dealer for each 286 violation. The division shall deposit all fines collected into 287 the General Revenue Fund as collected. An order imposing an 288 administrative fine becomes effective 15 days after the date of 289 the order. The division may suspend the imposition of a penalty 290
Florida Senate - 2026 SB 1394 33-01655-26 20261394__ Page 11 of 18 CODING: Words stricken are deletions; words underlined are additions. against a dealer, conditioned upon the dealer’s compliance with 291 terms the division considers appropriate. 292
Section 9. Subsections (1), (4), and (5) of
section 293 877.111, Florida Statutes, are amended to read: 294 877.111 Inhalation, ingestion, possession, sale, purchase, 295 or transfer of harmful chemical substances; penalties.— 296
(1) It is unlawful for any person to inhale or ingest, or 297 to possess with intent to breathe, inhale, or drink, any 298 compound, liquid, or chemical containing toluol, hexane, 299 trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl 300 ketone, trichloroethane, isopropanol, methyl isobutyl ketone, 301 ethylene glycol monomethyl ether acetate, cyclohexanone, nitrous 302 oxide, diethyl ether, alkyl nitrites (butyl nitrite), or any 303 similar substance for the purpose of inducing a condition of 304 intoxication or which distorts or disturbs the auditory, visual, 305 or mental processes. This
section does not apply to the 306 possession and use of these substances as part of the care or 307 treatment of a disease or injury by a practitioner licensed 308 under
chapter 458,
chapter 459,
part I of
chapter 464, or 309
chapter 466, or to beverages controlled by the provisions of 310
chapter 561,
chapter 562,
chapter 563,
chapter 564, or
chapter 311 565. 312
(4) Any person who knowingly distributes, sells, purchases, 313 transfers, or possesses more than 16 grams of nitrous oxide 314 commits a felony of the third degree which shall be known as 315 unlawful distribution of nitrous oxide, punishable as provided 316 in s. 775.082, s. 775.083, or s. 775.084. For purposes of this 317 subsection, in addition to proving by any other means that 318 nitrous oxide was knowingly possessed, distributed, sold, 319
Florida Senate - 2026 SB 1394 33-01655-26 20261394__ Page 12 of 18 CODING: Words stricken are deletions; words underlined are additions. purchased, or transferred, proof that any person discharged, or 320 aided another in discharging, nitrous oxide to inflate a balloon 321 or any other object suitable for subsequent inhalation creates 322 an inference of the person’s knowledge that the nitrous oxide’s 323 use was for an unlawful purpose. This subsection does not apply 324 to the possession and use of nitrous oxide as part of the care 325 and treatment of a disease or injury by a practitioner licensed 326 under
chapter 458,
chapter 459,
chapter 464,
chapter 466, or 327
chapter 474; as a food processing propellant; as a semiconductor 328 oxidizer; as an analytical chemistry oxidizer in atomic 329 absorption spectrometry; in the production of chemicals used to 330 inflate airbags; as an oxidizer for chemical production, 331 combustion, or jet propulsion; or as a motor vehicle induction 332 additive when mixed with sulphur dioxide. 333
(5) Any person who violates any of the provisions of this 334
section may, in the discretion of the trial judge, be required 335 to participate in a substance abuse services program approved or 336 regulated by the Department of Children and Families pursuant to 337 the provisions of
chapter 397, provided the director of the 338 program approves the placement of the defendant in the program. 339 Such required participation may be imposed in addition to, or in 340 lieu of, any penalty or probation otherwise prescribed by law. 341 However, the total time of such penalty, probation, and program 342 participation may shall not exceed the maximum length of 343 sentence possible for the offense. 344
Section
Section 877.113, Florida Statutes, is created 345 to read: 346 877.113 Inhalation, ingestion, possession, sale, purchase, 347 or transfer of nitrous oxide; penalties; exemption.— 348
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(1) It is unlawful for any person to inhale or ingest, or 349 possess with intent to inhale or ingest, any compound, liquid, 350 or chemical containing nitrous oxide for the purpose of inducing 351 a condition of intoxication or a condition that distorts or 352 disturbs the auditory, visual, or mental processes. 353
(2) A person who violates subsection (1) commits a 354 misdemeanor of the second degree, punishable as provided in s. 355 775.082 or s. 775.083. 356
(3) A person who knowingly possesses more than 16 grams of 357 nitrous oxide commits a felony of the third degree, punishable 358 as provided in s. 775.082, s. 775.083, or s. 775.084. 359
(4) A person who knowingly distributes, sells, purchases, 360 or transfers nitrous oxide to another person for purposes of 361 intoxication commits a felony of the third degree, punishable as 362 provided in s. 775.082, s. 775.083, or s. 775.084. 363
(5) A person who knowingly distributes, sells, purchases, 364 or transfers nitrous oxide to a person younger than 18 years of 365 age for purposes of intoxication commits a felony of the second 366 degree, punishable as provided in s. 775.082, s. 775.083, or s. 367 775.084. 368
(6) A person who knowingly distributes, sells, or possesses 369 with intent to sell flavored nitrous oxide commits a felony of 370 the third degree, punishable as provided in s. 775.082, s. 371 775.083, or s. 775.084. Subsection (9) does not apply to this 372 subsection. 373
(7) The possession or presence of any drug paraphernalia as 374 defined in s. 893.145 constitutes prima facie evidence that a 375 person possessed, distributed, sold, transferred, or possessed 376 with intent to sell, inhaled, or ingested nitrous oxide for 377
Florida Senate - 2026 SB 1394 33-01655-26 20261394__ Page 14 of 18 CODING: Words stricken are deletions; words underlined are additions. purposes of intoxication. 378
(8) A court may require a person who violates this
section 379 to participate in a substance abuse services program approved or 380 regulated by the Department of Children and Families pursuant to 381
chapter 397, provided that the director of the program approves 382 the placement of the defendant in the program. Such required 383 participation may be imposed in addition to, or in lieu of, any 384 penalty or probation otherwise prescribed by law. However, the 385 total time of such penalty, probation, or program participation 386 may not exceed the maximum sentence possible for the offense. 387
(9) This
section does not apply to the possession and use 388 of nitrous oxide by a practitioner licensed under
chapter 458, 389
chapter 459,
chapter 464,
chapter 466, or
chapter 474 as part of 390 the care and treatment of a disease or injury; as a food 391 processing propellant; as a semiconductor oxidizer; as an 392 analytical chemistry oxidizer in atomic absorption spectrometry; 393 in the production of chemicals used to inflate airbags; as an 394 oxidizer for chemical production, combustion, or jet propulsion; 395 or as a motor vehicle induction additive when mixed with sulfur 396 dioxide. 397
Section 11. Subsection (1) of
section 316.193, Florida 398 Statutes, is amended to read: 399 316.193 Driving under the influence; penalties.— 400
(1) A person commits is guilty of the offense of driving 401 under the influence and is subject to punishment as provided in 402 subsection (2) if the person is driving or in actual physical 403 control of a vehicle within this state and: 404 (
a) The person is under the influence of alcoholic 405 beverages, any chemical substance set forth in ss. 877.111 and 406
Florida Senate - 2026 SB 1394 33-01655-26 20261394__ Page 15 of 18 CODING: Words stricken are deletions; words underlined are additions. 877.113 s. 877.111, or any substance controlled under
chapter 407 893, when affected to the extent that the person’s normal 408 faculties are impaired; 409 (
b) The person has a blood-alcohol level of 0.08 or more 410 grams of alcohol per 100 milliliters of blood; or 411 (
c) The person has a breath-alcohol level of 0.08 or more 412 grams of alcohol per 210 liters of breath. 413
Section 12. For the purpose of incorporating the amendment 414 made by this act to
section 448.095, Florida Statutes, in a 415 reference thereto, subsection (2) of
section 448.09, Florida 416 Statutes, is reenacted to read: 417 448.09 Unauthorized aliens; employment prohibited.— 418
(2) If the Department of Commerce finds or is notified by 419 an entity specified in s. 448.095(3)(
a) that an employer has 420 knowingly employed an unauthorized alien without verifying the 421 employment eligibility of such person, the department must enter 422 an order pursuant to
chapter 120 making such determination and 423 require repayment of any economic development incentive pursuant 424 to s. 288.061(6). 425
Section 13. For the purpose of incorporating the amendment 426 made by this act to
section 877.111, Florida Statutes, in a 427 reference thereto, subsection (12) of
section 893.145, Florida 428 Statutes, is reenacted to read: 429 893.145 “Drug paraphernalia” defined.—The term “drug 430 paraphernalia” means all equipment, products, and materials of 431 any kind which are used, intended for use, or designed for use 432 in planting, propagating, cultivating, growing, harvesting, 433 manufacturing, compounding, converting, producing, processing, 434 preparing, testing, analyzing, packaging, repackaging, storing, 435
Florida Senate - 2026 SB 1394 33-01655-26 20261394__ Page 16 of 18 CODING: Words stricken are deletions; words underlined are additions. containing, concealing, transporting, injecting, ingesting, 436 inhaling, or otherwise introducing into the human body a 437 controlled substance in violation of this
chapter or s. 877.111. 438 Drug paraphernalia is deemed to be contraband which shall be 439 subject to civil forfeiture. The term includes, but is not 440 limited to: 441
(12) Objects used, intended for use, or designed for use in 442 ingesting, inhaling, or otherwise introducing controlled 443 substances, as described in s. 893.03, or substances described 444 in s. 877.111(1) into the human body, such as: 445 (
a) Metal, wooden, acrylic, glass, stone, plastic, or 446 ceramic pipes, with or without screens, permanent screens, 447 hashish heads, or punctured metal bowls. 448 (
b) Water pipes. 449 (
c) Carburetion tubes and devices. 450 (
d) Smoking and carburetion masks. 451 (
e) Roach clips: meaning objects used to hold burning 452 material, such as a cannabis cigarette, that has become too 453 small or too short to be held in the hand. 454 (
f) Miniature cocaine spoons, and cocaine vials. 455 (
g) Chamber pipes. 456 (
h) Carburetor pipes. 457 (
i) Electric pipes. 458 (
j) Air-driven pipes. 459 (
k) Chillums. 460 (
l) Bongs. 461 (
m) Ice pipes or chillers. 462 (
n) A cartridge or canister, which means a small metal 463 device used to contain nitrous oxide. 464
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o) A charger, sometimes referred to as a “cracker,” which 465 means a small metal or plastic device that contains an interior 466 pin that may be used to expel nitrous oxide from a cartridge or 467 container. 468 (
p) A charging bottle, which means a device that may be 469 used to expel nitrous oxide from a cartridge or canister. 470 (
q) A whip-it, which means a device that may be used to 471 expel nitrous oxide. 472 (
r) A tank. 473 (
s) A balloon. 474 (
t) A hose or tube. 475 (
u) A 2-liter-type soda bottle. 476 (
v) Duct tape. 477
Section 14. For the purpose of incorporating the amendment 478 made by this act to
section 877.111, Florida Statutes, in a 479 reference thereto, subsection (1) of
section 948.15, Florida 480 Statutes, is reenacted to read: 481 948.15 Misdemeanor probation services.— 482
(1) A defendant found guilty of a misdemeanor who is placed 483 on probation shall be under supervision not to exceed 6 months 484 unless otherwise specified by the court. Probation supervision 485 services for a defendant found guilty of a misdemeanor for 486 possession of a controlled substance or drug paraphernalia under 487
chapter 893 may be provided by a licensed substance abuse 488 education and intervention program, which may provide substance 489 abuse education and intervention as well as any other terms and 490 conditions of probation. In relation to any offense other than a 491 felony in which the use of alcohol; a controlled substance, as 492 defined in s. 893.02; a controlled substance analog, as defined 493
Florida Senate - 2026 SB 1394 33-01655-26 20261394__ Page 18 of 18 CODING: Words stricken are deletions; words underlined are additions. in s. 893.0356; or a chemical substance described in s. 494 877.111(1) is a significant factor, the period of probation may 495 be up to 1 year. 496