Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1286
       
       
       
       
       
       
                                Ì2744720Î274472                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/13/2020           .                                
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       The Committee on Judiciary (Simmons) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 40 - 211
    4  and insert:
    5  to introduce into or upon the grounds of any facility under the
    6  supervision or control of the department or agency, or to take
    7  or attempt to take or send therefrom, any of the following
    8  articles, which are declared to be contraband for the purposes
    9  of this section:
   10         1. Any intoxicating beverage or beverage which causes or
   11  may cause an intoxicating effect;
   12         2. Any controlled substance as defined in chapter 893,
   13  marijuana as defined in s. 381.986, hemp as defined in s.
   14  581.217, and industrial hemp as defined in s. 1004.4473;
   15         3. Any firearm or deadly weapon; or
   16         4.Any cellular telephone or other portable communication
   17  device as described in s. 944.47(1)(a)6., intentionally and
   18  unlawfully introduced inside the secure perimeter of any
   19  facility under the operation and control of the department or
   20  agency. As used in this subparagraph, the term “portable
   21  communication device” does not include any device that has
   22  communication capabilities which has been approved or issued by
   23  the person in charge of the facility;
   24         5.Any vapor-generating electronic device as defined in s.
   25  386.203, intentionally and unlawfully introduced inside the
   26  secure perimeter of any facility under the operation and control
   27  of the department or agency; or
   28         6.4. Any other item as determined by the department or the
   29  agency, and as designated by rule or by written institutional
   30  policies, to be hazardous to the welfare of clients or the
   31  operation of the facility.
   32         (2)
   33         (c)1. A person who violates any provision of subparagraph
   34  (1)(a)2. or subparagraph (1)(a)3. commits a felony of the third
   35  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   36  775.084.
   37         2.A person who violates any provision of subparagraph
   38  (1)(a)1., subparagraph (1)(a)4., subparagraph (1)(a)5., or
   39  subparagraph (1)(a)6. commits a misdemeanor of the first degree,
   40  punishable as provided in s. 775.082 or s. 775.083.
   41         Section 2. Paragraph (a) of subsection (1) and paragraph
   42  (a) of subsection (2) of section 944.47, Florida Statutes, are
   43  amended to read:
   44         944.47 Introduction, removal, or possession of contraband;
   45  penalty.—
   46         (1)(a) Except through regular channels as authorized by the
   47  officer in charge of the correctional institution, it is
   48  unlawful to introduce into or upon the grounds of any state
   49  correctional institution, or to take or attempt to take or send
   50  or attempt to send therefrom, any of the following articles
   51  which are hereby declared to be contraband for the purposes of
   52  this section, to wit:
   53         1. Any written or recorded communication or any currency or
   54  coin given or transmitted, or intended to be given or
   55  transmitted, to any inmate of any state correctional
   56  institution.
   57         2. Any article of food or clothing given or transmitted, or
   58  intended to be given or transmitted, to any inmate of any state
   59  correctional institution.
   60         3. Any intoxicating beverage or beverage which causes or
   61  may cause an intoxicating effect.
   62         4. Any controlled substance as defined in s. 893.02(4),
   63  marijuana as defined in s. 381.986, hemp as defined in s.
   64  581.217, industrial hemp as defined in s. 1004.4473, or any
   65  prescription or nonprescription drug having a hypnotic,
   66  stimulating, or depressing effect.
   67         5. Any firearm or weapon of any kind or any explosive
   68  substance.
   69         6. Any cellular telephone or other portable communication
   70  device intentionally and unlawfully introduced inside the secure
   71  perimeter of any state correctional institution without prior
   72  authorization or consent from the officer in charge of such
   73  correctional institution. As used in this subparagraph, the term
   74  “portable communication device” means any device carried, worn,
   75  or stored which is designed or intended to receive or transmit
   76  verbal or written messages, access or store data, or connect
   77  electronically to the Internet or any other electronic device
   78  and which allows communications in any form. Such devices
   79  include, but are not limited to, portable two-way pagers, hand
   80  held radios, cellular telephones, Blackberry-type devices,
   81  personal digital assistants or PDA’s, laptop computers, or any
   82  components of these devices which are intended to be used to
   83  assemble such devices. The term also includes any new technology
   84  that is developed for similar purposes. Excluded from this
   85  definition is any device having communication capabilities which
   86  has been approved or issued by the department for investigative
   87  or institutional security purposes or for conducting other state
   88  business.
   89         7.Any vapor-generating electronic device as defined in s.
   90  386.203, intentionally and unlawfully introduced inside the
   91  secure perimeter of any state correctional institution.
   92         (2)(a) A person who violates this section as it pertains to
   93  an article of contraband described in subparagraph (1)(a)1.,
   94  subparagraph (1)(a)2., or subparagraph (1)(a)6. commits a felony
   95  of the third degree, punishable as provided in s. 775.082, s.
   96  775.083, or s. 775.084. A person who violates this section as it
   97  pertains to an article of contraband described in subparagraph
   98  (1)(a)7. commits a misdemeanor of the first degree, punishable
   99  as provided in s. 775.082 or s. 775.083. Otherwise, a violation
  100  of this section is a felony of the second degree, punishable as
  101  provided in s. 775.082, s. 775.083, or s. 775.084.
  102         Section 3. Subsection (1) and (2) of section 951.22,
  103  Florida Statutes, are amended to read:
  104         951.22 County detention facilities; contraband articles.—
  105         (1) It is unlawful, except through regular channels as duly
  106  authorized by the sheriff or officer in charge, to introduce
  107  into or possess upon the grounds of any county detention
  108  facility as defined in s. 951.23 or to give to or receive from
  109  any inmate of any such facility wherever said inmate is located
  110  at the time or to take or to attempt to take or send therefrom
  111  any of the following articles, which are contraband:
  112         (a) Any written or recorded communication. This paragraph
  113  does not apply to any document or correspondence exchanged
  114  between a lawyer, paralegal, or other legal staff and an inmate
  115  at a detention facility if the document or correspondence is
  116  otherwise lawfully possessed and disseminated and relates to the
  117  legal representation of the inmate.
  118         (b) Any currency or coin.
  119         (c) Any article of food or clothing.
  120         (d) Any tobacco products as defined in s. 210.25(12).
  121         (e) Any cigarette as defined in s. 210.01(1).
  122         (f) Any cigar.
  123         (g) Any intoxicating beverage or beverage that causes or
  124  may cause an intoxicating effect.
  125         (h) Any narcotic, hypnotic, or excitative drug or drug of
  126  any kind or nature, including nasal inhalators, sleeping pills,
  127  barbiturates, marijuana as defined in s. 381.986, hemp as
  128  defined in s. 581.217, industrial hemp as defined in s.
  129  1004.4473, and controlled substances as defined in s. 893.02(4).
  130         (i) Any firearm or any instrumentality customarily used or
  131  which is intended to be used as a dangerous weapon.
  132         (j) Any instrumentality of any nature which may be or is
  133  intended to be used as an aid in effecting or attempting to
  134  effect an escape from a county facility.
  135         (k) Any cellular telephone or other portable communication
  136  device as described in s. 944.47(1)(a)6., intentionally and
  137  unlawfully introduced inside the secure perimeter of any county
  138  detention facility. The term does not include any device that
  139  has communication capabilities which has been approved or issued
  140  by the sheriff or officer in charge for investigative or
  141  institutional security purposes or for conducting other official
  142  business.
  143         (l)Any vapor-generating electronic device as defined in s.
  144  386.203, intentionally and unlawfully introduced inside the
  145  secure perimeter of any county detention facility.
  146         (2) A person who violates paragraph (1)(a), paragraph
  147  (1)(b), paragraph (1)(c), paragraph (1)(d), paragraph (1)(e),
  148  paragraph (1)(f), or paragraph (1)(g), or paragraph (1)(l)
  149  commits a misdemeanor of the first degree, punishable as
  150  provided in s. 775.082 or s. 775.083. A person who violates
  151  paragraph (1)(h), paragraph (1)(i), paragraph (1)(j), or
  152  paragraph (1)(k) commits a felony of the third degree,
  153  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  154         Section 4. Paragraph (a) of subsection (1) and subsection
  155  (2) of section 985.711, Florida Statutes, are amended to read:
  156         985.711 Introduction, removal, or possession of certain
  157  articles unlawful; penalty.—
  158         (1)(a) Except as authorized through program policy or
  159  operating procedure or as authorized by the facility
  160  superintendent, program director, or manager, a person may not
  161  introduce into or upon the grounds of a juvenile detention
  162  facility or commitment program, or take or send, or attempt to
  163  take or send, from a juvenile detention facility or commitment
  164  program, any of the following articles, which are declared to be
  165  contraband under this section:
  166         1. Any unauthorized article of food or clothing.
  167         2. Any intoxicating beverage or any beverage that causes or
  168  may cause an intoxicating effect.
  169         3. Any controlled substance, as defined in s. 893.02(4),
  170  marijuana as defined in s. 381.986, hemp as defined in s.
  171  581.217, and industrial hemp as defined in s. 1004.4473;, or any
  172  prescription or nonprescription drug that has a hypnotic,
  173  stimulating, or depressing effect.
  174         4. Any firearm or weapon of any kind or any explosive
  175  substance.
  176         5.Any cellular telephone or other portable communication
  177  device as described in s. 944.47(1)(a)6., intentionally and
  178  unlawfully introduced inside the secure perimeter of any
  179  juvenile detention facility or commitment program. As used in
  180  this subparagraph, the term “portable communication device” does
  181  not include any device that has communication capabilities which
  182  has been approved or issued by the facility superintendent,
  183  program director, or manager.
  184         6.Any vapor-generating electronic device as defined in s.
  185  386.203, intentionally and unlawfully introduced inside the
  186  secure perimeter of any juvenile detention facility or
  187  commitment program.
  188  
  189  
  190  ================= T I T L E  A M E N D M E N T ================
  191  And the title is amended as follows:
  192         Delete lines 7 - 23
  193  and insert:
  194         inside specified facilities of the Department of
  195         Children and Families or of the Agency for Persons
  196         with Disabilities; providing criminal penalties;
  197         amending s. 944.47; prohibiting the introduction of
  198         certain cannabis related substances and vapor
  199         generating electronic devices inside a state
  200         correctional institution; providing criminal
  201         penalties; amending s. 951.22, F.S.; prohibiting the
  202         introduction of certain cannabis related substances
  203         and vapor-generating electronic devices inside a
  204         county detention facility; providing criminal
  205         penalties; amending s. 985.711, F.S.; prohibiting the
  206         introduction of certain cannabis related substances,
  207         cellular telephones and other portable communication
  208         devices, and vapor-generating electronic devices
  209         inside specified juvenile