Florida Senate - 2020                             CS for SB 1286
       
       
        
       By the Committee on Criminal Justice; and Senator Simmons
       
       
       
       
       
       591-02738-20                                          20201286c1
    1                        A bill to be entitled                      
    2         An act relating to contraband in specified facilities;
    3         amending s. 916.1085, F.S.; prohibiting the
    4         introduction of certain cannabis related substances,
    5         cellular telephones and other portable communication
    6         devices, and vapor-generating electronic devices
    7         inside the secure perimeter of specified facilities of
    8         the Department of Children and Families or of the
    9         Agency for Persons with Disabilities; providing
   10         criminal penalties; amending s. 944.47; prohibiting
   11         the introduction of certain cannabis related
   12         substances and vapor-generating electronic devices
   13         inside the secure perimeter of a correctional
   14         institution; providing criminal penalties; amending s.
   15         951.22, F.S.; prohibiting the introduction of certain
   16         cannabis related substances and vapor-generating
   17         electronic devices inside the secure perimeter of a
   18         county detention facility; providing criminal
   19         penalties; amending s. 985.711, F.S.; prohibiting the
   20         introduction of certain cannabis related substances,
   21         cellular telephones and other portable communication
   22         devices, and vapor-generating electronic devices
   23         inside the secure perimeter of specified juvenile
   24         detention facilities or commitment programs; providing
   25         criminal penalties; amending s. 921.0022, F.S.;
   26         ranking the offense of introducing certain contraband
   27         into specified facilities of the Department of
   28         Children and Families on level 4 of the offense
   29         severity ranking chart; providing an effective date.
   30          
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Paragraph (a) of subsection (1) and paragraph
   34  (c) of subsection (2) of section 916.1085, Florida Statutes, are
   35  amended to read:
   36         916.1085 Introduction or removal of certain articles
   37  unlawful; penalty.—
   38         (1)(a) Except as authorized by law or as specifically
   39  authorized by the person in charge of a facility, it is unlawful
   40  to introduce inside the secure perimeter of into or upon the
   41  grounds of any facility under the supervision or control of the
   42  department or agency, or to take or attempt to take or send
   43  therefrom, any of the following articles, which are declared to
   44  be contraband for the purposes of this section:
   45         1. Any intoxicating beverage or beverage which causes or
   46  may cause an intoxicating effect;
   47         2. Any controlled substance as defined in chapter 893,
   48  marijuana as defined in s. 381.986, hemp as defined in s.
   49  581.217, and industrial hemp as defined in s. 1004.4473;
   50         3. Any firearm or deadly weapon; or
   51         4.Any cellular telephone or other portable communication
   52  device as described in s. 944.47(1)(a)6. As used in this
   53  subparagraph, the term “portable communication device” does not
   54  include any device that has communication capabilities which has
   55  been approved or issued by the person in charge of the facility;
   56         5.Any vapor-generating electronic device as defined in s.
   57  386.203; or
   58         6.4. Any other item as determined by the department or the
   59  agency, and as designated by rule or by written institutional
   60  policies, to be hazardous to the welfare of clients or the
   61  operation of the facility.
   62         (2)
   63         (c)1. A person who violates any provision of subparagraph
   64  (1)(a)2. or subparagraph (1)(a)3. commits a felony of the third
   65  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   66  775.084.
   67         2.A person who violates any provision of subparagraph
   68  (1)(a)1., subparagraph (1)(a)4., subparagraph (1)(a)5., or
   69  subparagraph (1)(a)6. commits a misdemeanor of the first degree,
   70  punishable as provided in s. 775.082 or s. 775.083.
   71         Section 2. Paragraph (a) of subsection (1) and paragraph
   72  (a) of subsection (2) of section 944.47, Florida Statutes, are
   73  amended to read:
   74         944.47 Introduction, removal, or possession of contraband;
   75  penalty.—
   76         (1)(a) Except through regular channels as authorized by the
   77  officer in charge of the correctional institution, it is
   78  unlawful to introduce inside the secure perimeter of into or
   79  upon the grounds of any state correctional institution, or to
   80  take or attempt to take or send or attempt to send therefrom,
   81  any of the following articles which are hereby declared to be
   82  contraband for the purposes of this section, to wit:
   83         1. Any written or recorded communication or any currency or
   84  coin given or transmitted, or intended to be given or
   85  transmitted, to any inmate of any state correctional
   86  institution.
   87         2. Any article of food or clothing given or transmitted, or
   88  intended to be given or transmitted, to any inmate of any state
   89  correctional institution.
   90         3. Any intoxicating beverage or beverage which causes or
   91  may cause an intoxicating effect.
   92         4. Any controlled substance as defined in s. 893.02(4),
   93  marijuana as defined in s. 381.986, hemp as defined in s.
   94  581.217, industrial hemp as defined in s. 1004.4473, or any
   95  prescription or nonprescription drug having a hypnotic,
   96  stimulating, or depressing effect.
   97         5. Any firearm or weapon of any kind or any explosive
   98  substance.
   99         6. Any cellular telephone or other portable communication
  100  device intentionally and unlawfully introduced inside the secure
  101  perimeter of any state correctional institution without prior
  102  authorization or consent from the officer in charge of such
  103  correctional institution. As used in this subparagraph, the term
  104  “portable communication device” means any device carried, worn,
  105  or stored which is designed or intended to receive or transmit
  106  verbal or written messages, access or store data, or connect
  107  electronically to the Internet or any other electronic device
  108  and which allows communications in any form. Such devices
  109  include, but are not limited to, portable two-way pagers, hand
  110  held radios, cellular telephones, Blackberry-type devices,
  111  personal digital assistants or PDA’s, laptop computers, or any
  112  components of these devices which are intended to be used to
  113  assemble such devices. The term also includes any new technology
  114  that is developed for similar purposes. Excluded from this
  115  definition is any device having communication capabilities which
  116  has been approved or issued by the department for investigative
  117  or institutional security purposes or for conducting other state
  118  business.
  119         7.Any vapor-generating electronic device as defined in s.
  120  386.203.
  121         (2)(a) A person who violates this section as it pertains to
  122  an article of contraband described in subparagraph (1)(a)1.,
  123  subparagraph (1)(a)2., or subparagraph (1)(a)6. commits a felony
  124  of the third degree, punishable as provided in s. 775.082, s.
  125  775.083, or s. 775.084. A person who violates this section as it
  126  pertains to an article of contraband described in subparagraph
  127  (1)(a)7. commits a misdemeanor of the first degree, punishable
  128  as provided in s. 775.082 or s. 775.083. Otherwise, a violation
  129  of this section is a felony of the second degree, punishable as
  130  provided in s. 775.082, s. 775.083, or s. 775.084.
  131         Section 3. Subsection (1) and (2) of section 951.22,
  132  Florida Statutes, are amended to read:
  133         951.22 County detention facilities; contraband articles.—
  134         (1) It is unlawful, except through regular channels as duly
  135  authorized by the sheriff or officer in charge, to introduce
  136  inside the secure perimeter of into or possess upon the grounds
  137  of any county detention facility as defined in s. 951.23 or to
  138  give to or receive from any inmate of any such facility wherever
  139  said inmate is located at the time or to take or to attempt to
  140  take or send therefrom any of the following articles, which are
  141  contraband:
  142         (a) Any written or recorded communication. This paragraph
  143  does not apply to any document or correspondence exchanged
  144  between a lawyer, paralegal, or other legal staff and an inmate
  145  at a detention facility if the document or correspondence is
  146  otherwise lawfully possessed and disseminated and relates to the
  147  legal representation of the inmate.
  148         (b) Any currency or coin.
  149         (c) Any article of food or clothing.
  150         (d) Any tobacco products as defined in s. 210.25(12).
  151         (e) Any cigarette as defined in s. 210.01(1).
  152         (f) Any cigar.
  153         (g) Any intoxicating beverage or beverage that causes or
  154  may cause an intoxicating effect.
  155         (h) Any narcotic, hypnotic, or excitative drug or drug of
  156  any kind or nature, including nasal inhalators, sleeping pills,
  157  barbiturates, marijuana as defined in s. 381.986, hemp as
  158  defined in s. 581.217, industrial hemp as defined in s.
  159  1004.4473, and controlled substances as defined in s. 893.02(4).
  160         (i) Any firearm or any instrumentality customarily used or
  161  which is intended to be used as a dangerous weapon.
  162         (j) Any instrumentality of any nature which may be or is
  163  intended to be used as an aid in effecting or attempting to
  164  effect an escape from a county facility.
  165         (k) Any cellular telephone or other portable communication
  166  device as described in s. 944.47(1)(a)6. The term does not
  167  include any device that has communication capabilities which has
  168  been approved or issued by the sheriff or officer in charge for
  169  investigative or institutional security purposes or for
  170  conducting other official business.
  171         (l)Any vapor-generating electronic device as defined in s.
  172  386.203.
  173         (2) A person who violates paragraph (1)(a), paragraph
  174  (1)(b), paragraph (1)(c), paragraph (1)(d), paragraph (1)(e),
  175  paragraph (1)(f), or paragraph (1)(g), or paragraph (1)(l)
  176  commits a misdemeanor of the first degree, punishable as
  177  provided in s. 775.082 or s. 775.083. A person who violates
  178  paragraph (1)(h), paragraph (1)(i), paragraph (1)(j), or
  179  paragraph (1)(k) commits a felony of the third degree,
  180  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  181         Section 4. Paragraph (a) of subsection (1) and subsection
  182  (2) of section 985.711, Florida Statutes, are amended to read:
  183         985.711 Introduction, removal, or possession of certain
  184  articles unlawful; penalty.—
  185         (1)(a) Except as authorized through program policy or
  186  operating procedure or as authorized by the facility
  187  superintendent, program director, or manager, a person may not
  188  introduce inside the secure perimeter of into or upon the
  189  grounds of a juvenile detention facility or commitment program,
  190  or take or send, or attempt to take or send, from a juvenile
  191  detention facility or commitment program, any of the following
  192  articles, which are declared to be contraband under this
  193  section:
  194         1. Any unauthorized article of food or clothing.
  195         2. Any intoxicating beverage or any beverage that causes or
  196  may cause an intoxicating effect.
  197         3. Any controlled substance, as defined in s. 893.02(4),
  198  marijuana as defined in s. 381.986, hemp as defined in s.
  199  581.217, and industrial hemp as defined in s. 1004.4473;, or any
  200  prescription or nonprescription drug that has a hypnotic,
  201  stimulating, or depressing effect.
  202         4. Any firearm or weapon of any kind or any explosive
  203  substance.
  204         5.Any cellular telephone or other portable communication
  205  device as described in s. 944.47(1)(a)6. As used in this
  206  subparagraph, the term “portable communication device” does not
  207  include any device that has communication capabilities which has
  208  been approved or issued by the facility superintendent, program
  209  director, or manager.
  210         6.Any vapor-generating electronic device as defined in s.
  211  386.203.
  212         (2)(a) Any person who violates this section as it pertains
  213  to an article of contraband described in subparagraph (1)(a)1.
  214  commits a felony of the third degree, punishable as provided in
  215  s. 775.082, s. 775.083, or s. 775.084.
  216         (b)Any person who violates this section as it pertains to
  217  an article of contraband described in subparagraph (1)(a)5. or
  218  subparagraph (1)(a)6. commits a misdemeanor of the first degree,
  219  punishable as provided in s. 775.082 or s. 775.083.
  220         (c) In all other cases, a person who violates this section
  221  commits a felony of the second degree, punishable as provided in
  222  s. 775.082, s. 775.083, or s. 775.084.
  223         Section 5. Paragraph (d) of subsection (3) of section
  224  921.0022, Florida Statutes, is amended to read:
  225         921.0022 Criminal Punishment Code; offense severity ranking
  226  chart.—
  227         (3) OFFENSE SEVERITY RANKING CHART
  228         (d) LEVEL 4
  229  
  230  FloridaStatute    FelonyDegree           Description            
  231  316.1935(3)(a)       2nd   Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
  232  499.0051(1)          3rd   Failure to maintain or deliver transaction history, transaction information, or transaction statements.
  233  499.0051(5)          2nd   Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
  234  517.07(1)            3rd   Failure to register securities.   
  235  517.12(1)            3rd   Failure of dealer, associated person, or issuer of securities to register.
  236  784.07(2)(b)         3rd   Battery of law enforcement officer, firefighter, etc.
  237  784.074(1)(c)        3rd   Battery of sexually violent predators facility staff.
  238  784.075              3rd   Battery on detention or commitment facility staff.
  239  784.078              3rd   Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
  240  784.08(2)(c)         3rd   Battery on a person 65 years of age or older.
  241  784.081(3)           3rd   Battery on specified official or employee.
  242  784.082(3)           3rd   Battery by detained person on visitor or other detainee.
  243  784.083(3)           3rd   Battery on code inspector.        
  244  784.085              3rd   Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
  245  787.03(1)            3rd   Interference with custody; wrongly takes minor from appointed guardian.
  246  787.04(2)            3rd   Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
  247  787.04(3)            3rd   Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
  248  787.07               3rd   Human smuggling.                  
  249  790.115(1)           3rd   Exhibiting firearm or weapon within 1,000 feet of a school.
  250  790.115(2)(b)        3rd   Possessing electric weapon or device, destructive device, or other weapon on school property.
  251  790.115(2)(c)        3rd   Possessing firearm on school property.
  252  800.04(7)(c)         3rd   Lewd or lascivious exhibition; offender less than 18 years.
  253  810.02(4)(a)         3rd   Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
  254  810.02(4)(b)         3rd   Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
  255  810.06               3rd   Burglary; possession of tools.    
  256  810.08(2)(c)         3rd   Trespass on property, armed with firearm or dangerous weapon.
  257  812.014(2)(c)3.      3rd   Grand theft, 3rd degree $10,000 or more but less than $20,000.
  258  812.014 (2)(c)4.-10.   3rd   Grand theft, 3rd degree; specified items.
  259  812.0195(2)          3rd   Dealing in stolen property by use of the Internet; property stolen $300 or more.
  260  817.505(4)(a)        3rd   Patient brokering.                
  261  817.563(1)           3rd   Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
  262  817.568(2)(a)        3rd   Fraudulent use of personal identification information.
  263  817.625(2)(a)        3rd   Fraudulent use of scanning device, skimming device, or reencoder.
  264  817.625(2)(c)        3rd   Possess, sell, or deliver skimming device.
  265  828.125(1)           2nd   Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
  266  837.02(1)            3rd   Perjury in official proceedings.  
  267  837.021(1)           3rd   Make contradictory statements in official proceedings.
  268  838.022              3rd   Official misconduct.              
  269  839.13(2)(a)         3rd   Falsifying records of an individual in the care and custody of a state agency.
  270  839.13(2)(c)         3rd   Falsifying records of the Department of Children and Families.
  271  843.021              3rd   Possession of a concealed handcuff key by a person in custody.
  272  843.025              3rd   Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
  273  843.15(1)(a)         3rd   Failure to appear while on bail for felony (bond estreature or bond jumping).
  274  847.0135(5)(c)       3rd   Lewd or lascivious exhibition using computer; offender less than 18 years.
  275  874.05(1)(a)         3rd   Encouraging or recruiting another to join a criminal gang.
  276  893.13(2)(a)1.       2nd   Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)5. drugs).
  277  914.14(2)            3rd   Witnesses accepting bribes.       
  278  914.22(1)            3rd   Force, threaten, etc., witness, victim, or informant.
  279  914.23(2)            3rd   Retaliation against a witness, victim, or informant, no bodily injury.
  280  916.1085(2)(c)1.     3rd   Introduction of specified contraband into certain DCF facilities.
  281  918.12               3rd   Tampering with jurors.            
  282  934.215              3rd   Use of two-way communications device to facilitate commission of a crime.
  283  944.47(1)(a)6.       3rd   Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
  284  951.22(1)(h), (j) & (k)   3rd   Intoxicating drug, instrumentality or other device to aid escape, or cellular telephone or other portable communication device introduced into county detention facility.
  285         Section 6. This act shall take effect October 1, 2020.