Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 1286
       
       
       
       
       
       
                                Ì609888nÎ609888                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/28/2020           .                                
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       The Committee on Criminal Justice (Simmons) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 34 - 225
    4  and insert:
    5  to introduce inside the secure perimeter of into or upon the
    6  grounds of any facility under the supervision or control of the
    7  department or agency, or to take or attempt to take or send
    8  therefrom, any of the following articles, which are declared to
    9  be contraband for the purposes 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. As used in this
   18  subparagraph, the term “portable communication device” does not
   19  include any device that has communication capabilities which has
   20  been approved or issued by the person in charge of the facility;
   21         5.Any vapor-generating electronic device as defined in s.
   22  386.203; or
   23         6.4. Any other item as determined by the department or the
   24  agency, and as designated by rule or by written institutional
   25  policies, to be hazardous to the welfare of clients or the
   26  operation of the facility.
   27         (2)
   28         (c)1. A person who violates any provision of subparagraph
   29  (1)(a)2. or subparagraph (1)(a)3. commits a felony of the third
   30  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   31  775.084.
   32         2.A person who violates any provision of subparagraph
   33  (1)(a)1., subparagraph (1)(a)4., subparagraph (1)(a)5., or
   34  subparagraph (1)(a)6. commits a misdemeanor of the first degree,
   35  punishable as provided in s. 775.082 or s. 775.083.
   36         Section 2. Paragraph (a) of subsection (1) and paragraph
   37  (a) of subsection (2) of section 944.47, Florida Statutes, are
   38  amended to read:
   39         944.47 Introduction, removal, or possession of contraband;
   40  penalty.—
   41         (1)(a) Except through regular channels as authorized by the
   42  officer in charge of the correctional institution, it is
   43  unlawful to introduce inside the secure perimeter of into or
   44  upon the grounds of any state correctional institution, or to
   45  take or attempt to take or send or attempt to send therefrom,
   46  any of the following articles which are hereby declared to be
   47  contraband for the purposes of this section, to wit:
   48         1. Any written or recorded communication or any currency or
   49  coin given or transmitted, or intended to be given or
   50  transmitted, to any inmate of any state correctional
   51  institution.
   52         2. Any article of food or clothing given or transmitted, or
   53  intended to be given or transmitted, to any inmate of any state
   54  correctional institution.
   55         3. Any intoxicating beverage or beverage which causes or
   56  may cause an intoxicating effect.
   57         4. Any controlled substance as defined in s. 893.02(4),
   58  marijuana as defined in s. 381.986, hemp as defined in s.
   59  581.217, industrial hemp as defined in s. 1004.4473, or any
   60  prescription or nonprescription drug having a hypnotic,
   61  stimulating, or depressing effect.
   62         5. Any firearm or weapon of any kind or any explosive
   63  substance.
   64         6. Any cellular telephone or other portable communication
   65  device intentionally and unlawfully introduced inside the secure
   66  perimeter of any state correctional institution without prior
   67  authorization or consent from the officer in charge of such
   68  correctional institution. As used in this subparagraph, the term
   69  “portable communication device” means any device carried, worn,
   70  or stored which is designed or intended to receive or transmit
   71  verbal or written messages, access or store data, or connect
   72  electronically to the Internet or any other electronic device
   73  and which allows communications in any form. Such devices
   74  include, but are not limited to, portable two-way pagers, hand
   75  held radios, cellular telephones, Blackberry-type devices,
   76  personal digital assistants or PDA’s, laptop computers, or any
   77  components of these devices which are intended to be used to
   78  assemble such devices. The term also includes any new technology
   79  that is developed for similar purposes. Excluded from this
   80  definition is any device having communication capabilities which
   81  has been approved or issued by the department for investigative
   82  or institutional security purposes or for conducting other state
   83  business.
   84         7.Any vapor-generating electronic device as defined in s.
   85  386.203.
   86         (2)(a) A person who violates this section as it pertains to
   87  an article of contraband described in subparagraph (1)(a)1.,
   88  subparagraph (1)(a)2., or subparagraph (1)(a)6. commits a felony
   89  of the third degree, punishable as provided in s. 775.082, s.
   90  775.083, or s. 775.084. A person who violates this section as it
   91  pertains to an article of contraband described in subparagraph
   92  (1)(a)7. commits a misdemeanor of the first degree, punishable
   93  as provided in s. 775.082 or s. 775.083. Otherwise, a violation
   94  of this section is a felony of the second degree, punishable as
   95  provided in s. 775.082, s. 775.083, or s. 775.084.
   96         Section 3. Subsection (1) and (2) of section 951.22,
   97  Florida Statutes, are amended to read:
   98         951.22 County detention facilities; contraband articles.—
   99         (1) It is unlawful, except through regular channels as duly
  100  authorized by the sheriff or officer in charge, to introduce
  101  inside the secure perimeter of into or possess upon the grounds
  102  of any county detention facility as defined in s. 951.23 or to
  103  give to or receive from any inmate of any such facility wherever
  104  said inmate is located at the time or to take or to attempt to
  105  take or send therefrom any of the following articles, which are
  106  contraband:
  107         (a) Any written or recorded communication. This paragraph
  108  does not apply to any document or correspondence exchanged
  109  between a lawyer, paralegal, or other legal staff and an inmate
  110  at a detention facility if the document or correspondence is
  111  otherwise lawfully possessed and disseminated and relates to the
  112  legal representation of the inmate.
  113         (b) Any currency or coin.
  114         (c) Any article of food or clothing.
  115         (d) Any tobacco products as defined in s. 210.25(12).
  116         (e) Any cigarette as defined in s. 210.01(1).
  117         (f) Any cigar.
  118         (g) Any intoxicating beverage or beverage that causes or
  119  may cause an intoxicating effect.
  120         (h) Any narcotic, hypnotic, or excitative drug or drug of
  121  any kind or nature, including nasal inhalators, sleeping pills,
  122  barbiturates, marijuana as defined in s. 381.986, hemp as
  123  defined in s. 581.217, industrial hemp as defined in s.
  124  1004.4473, and controlled substances as defined in s. 893.02(4).
  125         (i) Any firearm or any instrumentality customarily used or
  126  which is intended to be used as a dangerous weapon.
  127         (j) Any instrumentality of any nature which may be or is
  128  intended to be used as an aid in effecting or attempting to
  129  effect an escape from a county facility.
  130         (k) Any cellular telephone or other portable communication
  131  device as described in s. 944.47(1)(a)6. The term does not
  132  include any device that has communication capabilities which has
  133  been approved or issued by the sheriff or officer in charge for
  134  investigative or institutional security purposes or for
  135  conducting other official business.
  136         (l)Any vapor-generating electronic device as defined in s.
  137  386.203.
  138         (2) A person who violates paragraph (1)(a), paragraph
  139  (1)(b), paragraph (1)(c), paragraph (1)(d), paragraph (1)(e),
  140  paragraph (1)(f), or paragraph (1)(g), or paragraph (1)(l)
  141  commits a misdemeanor of the first degree, punishable as
  142  provided in s. 775.082 or s. 775.083. A person who violates
  143  paragraph (1)(h), paragraph (1)(i), paragraph (1)(j), or
  144  paragraph (1)(k) commits a felony of the third degree,
  145  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  146         Section 4. Paragraph (a) of subsection (1) and subsection
  147  (2) of section 985.711, Florida Statutes, are amended to read:
  148         985.711 Introduction, removal, or possession of certain
  149  articles unlawful; penalty.—
  150         (1)(a) Except as authorized through program policy or
  151  operating procedure or as authorized by the facility
  152  superintendent, program director, or manager, a person may not
  153  introduce inside the secure perimeter of into or upon the
  154  grounds of a juvenile detention facility or commitment program,
  155  or take or send, or attempt to take or send, from a juvenile
  156  detention facility or commitment program, any of the following
  157  articles, which are declared to be contraband under this
  158  section:
  159         1. Any unauthorized article of food or clothing.
  160         2. Any intoxicating beverage or any beverage that causes or
  161  may cause an intoxicating effect.
  162         3. Any controlled substance, as defined in s. 893.02(4),
  163  marijuana as defined in s. 381.986, hemp as defined in s.
  164  581.217, and industrial hemp as defined in s. 1004.4473;, or any
  165  prescription or nonprescription drug that has a hypnotic,
  166  stimulating, or depressing effect.
  167         4. Any firearm or weapon of any kind or any explosive
  168  substance.
  169         5.Any cellular telephone or other portable communication
  170  device as described in s. 944.47(1)(a)6. As used in this
  171  subparagraph, the term “portable communication device” does not
  172  include any device that has communication capabilities which has
  173  been approved or issued by the facility superintendent, program
  174  director, or manager.
  175         6.Any vapor-generating electronic device as defined in s.
  176  386.203.
  177         (2)(a) Any person who violates this section as it pertains
  178  to an article of contraband described in subparagraph (1)(a)1.
  179  commits a felony of the third degree, punishable as provided in
  180  s. 775.082, s. 775.083, or s. 775.084.
  181         (b)Any person who violates this section as it pertains to
  182  an article of contraband described in subparagraph (1)(a)5. or
  183  subparagraph (1)(a)6. commits a misdemeanor of the first degree,
  184  punishable as provided in s. 775.082 or s. 775.083.
  185         (c) In all other cases, a person who violates this section
  186  commits a felony of the second degree, punishable as provided in
  187  s. 775.082, s. 775.083, or s. 775.084.
  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 4 - 18
  193  and insert:
  194         introduction of certain cannabis related substances,
  195         cellular telephones and other portable communication
  196         devices, and vapor-generating electronic devices into
  197         specified facilities of the Department of Children and
  198         Families or of the Agency for Persons with
  199         Disabilities; providing criminal penalties; amending
  200         s. 944.47; prohibiting the introduction of certain
  201         cannabis related substances and vapor-generating
  202         electronic devices into a correctional institution;
  203         providing criminal penalties; amending s. 951.22,
  204         F.S.; prohibiting the introduction of certain cannabis
  205         related substances and vapor-generating electronic
  206         devices into a county detention facility; providing
  207         criminal penalties; amending s. 985.711, F.S.;
  208         prohibiting the introduction of certain cannabis
  209         related substances, cellular telephones and other
  210         portable communication devices, and vapor-generating
  211         electronic devices into specified juvenile detention
  212         facilities or commitment programs;