Florida § 569.216 - Prohibition on possessing, selling, delivering, or giving nitrous oxide; penalties; exceptions.

§ 569.216. Prohibition on possessing, selling, delivering, or giving nitrous oxide; penalties; exceptions.

(1) It is unlawful for any dealer who is licensed or permitted under this chapter, or a dealer’s agent or employee, to possess, sell, possess with intent to sell, deliver, or give, directly or indirectly, nitrous oxide on or from the dealer’s licensed premises. A dealer or a dealer’s agent or employee who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) This section does not apply to a grocery store or supermarket, as licensed or permitted by the Department of Agriculture and Consumer Services, but does apply to a convenience business, as defined by s. 812.171. (3) This section does not prohibit the possession, sale, delivery, or giving of a finished food product in which nitrous oxide is used solely as a propellant. (4) The Department of Business and Professional Regulation shall adopt rules regarding the possession, sale, delivery, or giving of nitrous oxide to prevent the use of nitrous oxide for inducing a condition of intoxication. Such rules may address products containing nitrous oxide and finished food products in which nitrous oxide is used solely as a propellant.