Florida Senate - 2020                      CS for CS for SB 1286
       
       
        
       By the Committees on Judiciary; and Criminal Justice; and
       Senator Simmons
       
       
       
       
       590-03526-20                                          20201286c2
    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 specified facilities of the Department of
    8         Children and Families or of the Agency for Persons
    9         with Disabilities; providing criminal penalties;
   10         amending s. 944.47; prohibiting the introduction of
   11         certain cannabis related substances and vapor
   12         generating electronic devices inside a state
   13         correctional institution; providing criminal
   14         penalties; amending s. 951.22, F.S.; prohibiting the
   15         introduction of certain cannabis related substances
   16         and vapor-generating electronic devices inside a
   17         county detention facility; providing criminal
   18         penalties; amending s. 985.711, F.S.; prohibiting the
   19         introduction of certain cannabis related substances,
   20         cellular telephones and other portable communication
   21         devices, and vapor-generating electronic devices
   22         inside specified juvenile detention facilities or
   23         commitment programs; providing criminal penalties;
   24         amending s. 921.0022, F.S.; ranking the offense of
   25         introducing certain contraband into specified
   26         facilities of the Department of Children and Families
   27         on level 4 of the offense severity ranking chart;
   28         providing an effective date.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Paragraph (a) of subsection (1) and paragraph
   33  (c) of subsection (2) of section 916.1085, Florida Statutes, are
   34  amended to read:
   35         916.1085 Introduction or removal of certain articles
   36  unlawful; penalty.—
   37         (1)(a) Except as authorized by law or as specifically
   38  authorized by the person in charge of a facility, it is unlawful
   39  to introduce into or upon the grounds of any facility under the
   40  supervision or control of the department or agency, or to take
   41  or attempt to take or send therefrom, any of the following
   42  articles, which are declared to be contraband for the purposes
   43  of this section:
   44         1. Any intoxicating beverage or beverage which causes or
   45  may cause an intoxicating effect;
   46         2. Any controlled substance as defined in chapter 893,
   47  marijuana as defined in s. 381.986, hemp as defined in s.
   48  581.217, and industrial hemp as defined in s. 1004.4473;
   49         3. Any firearm or deadly weapon; or
   50         4.Any cellular telephone or other portable communication
   51  device as described in s. 944.47(1)(a)6., intentionally and
   52  unlawfully introduced inside the secure perimeter of any
   53  facility under the operation and control of the department or
   54  agency. As used in this subparagraph, the term “portable
   55  communication device” does not include any device that has
   56  communication capabilities which has been approved or issued by
   57  the person in charge of the facility;
   58         5.Any vapor-generating electronic device as defined in s.
   59  386.203, intentionally and unlawfully introduced inside the
   60  secure perimeter of any facility under the operation and control
   61  of the department or agency; or
   62         6.4. Any other item as determined by the department or the
   63  agency, and as designated by rule or by written institutional
   64  policies, to be hazardous to the welfare of clients or the
   65  operation of the facility.
   66         (2)
   67         (c)1. A person who violates any provision of subparagraph
   68  (1)(a)2. or subparagraph (1)(a)3. commits a felony of the third
   69  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   70  775.084.
   71         2.A person who violates any provision of subparagraph
   72  (1)(a)1., subparagraph (1)(a)4., subparagraph (1)(a)5., or
   73  subparagraph (1)(a)6. commits a misdemeanor of the first degree,
   74  punishable as provided in s. 775.082 or s. 775.083.
   75         Section 2. Paragraph (a) of subsection (1) and paragraph
   76  (a) of subsection (2) of section 944.47, Florida Statutes, are
   77  amended to read:
   78         944.47 Introduction, removal, or possession of contraband;
   79  penalty.—
   80         (1)(a) Except through regular channels as authorized by the
   81  officer in charge of the correctional institution, it is
   82  unlawful to introduce into or upon the grounds of any state
   83  correctional institution, or to take or attempt to take or send
   84  or attempt to send therefrom, any of the following articles
   85  which are hereby declared to be contraband for the purposes of
   86  this section, to wit:
   87         1. Any written or recorded communication or any currency or
   88  coin given or transmitted, or intended to be given or
   89  transmitted, to any inmate of any state correctional
   90  institution.
   91         2. Any article of food or clothing given or transmitted, or
   92  intended to be given or transmitted, to any inmate of any state
   93  correctional institution.
   94         3. Any intoxicating beverage or beverage which causes or
   95  may cause an intoxicating effect.
   96         4. Any controlled substance as defined in s. 893.02(4),
   97  marijuana as defined in s. 381.986, hemp as defined in s.
   98  581.217, industrial hemp as defined in s. 1004.4473, or any
   99  prescription or nonprescription drug having a hypnotic,
  100  stimulating, or depressing effect.
  101         5. Any firearm or weapon of any kind or any explosive
  102  substance.
  103         6. Any cellular telephone or other portable communication
  104  device intentionally and unlawfully introduced inside the secure
  105  perimeter of any state correctional institution without prior
  106  authorization or consent from the officer in charge of such
  107  correctional institution. As used in this subparagraph, the term
  108  “portable communication device” means any device carried, worn,
  109  or stored which is designed or intended to receive or transmit
  110  verbal or written messages, access or store data, or connect
  111  electronically to the Internet or any other electronic device
  112  and which allows communications in any form. Such devices
  113  include, but are not limited to, portable two-way pagers, hand
  114  held radios, cellular telephones, Blackberry-type devices,
  115  personal digital assistants or PDA’s, laptop computers, or any
  116  components of these devices which are intended to be used to
  117  assemble such devices. The term also includes any new technology
  118  that is developed for similar purposes. Excluded from this
  119  definition is any device having communication capabilities which
  120  has been approved or issued by the department for investigative
  121  or institutional security purposes or for conducting other state
  122  business.
  123         7.Any vapor-generating electronic device as defined in s.
  124  386.203, intentionally and unlawfully introduced inside the
  125  secure perimeter of any state correctional institution.
  126         (2)(a) A person who violates this section as it pertains to
  127  an article of contraband described in subparagraph (1)(a)1.,
  128  subparagraph (1)(a)2., or subparagraph (1)(a)6. commits a felony
  129  of the third degree, punishable as provided in s. 775.082, s.
  130  775.083, or s. 775.084. A person who violates this section as it
  131  pertains to an article of contraband described in subparagraph
  132  (1)(a)7. commits a misdemeanor of the first degree, punishable
  133  as provided in s. 775.082 or s. 775.083. Otherwise, a violation
  134  of this section is a felony of the second degree, punishable as
  135  provided in s. 775.082, s. 775.083, or s. 775.084.
  136         Section 3. Subsection (1) and (2) of section 951.22,
  137  Florida Statutes, are amended to read:
  138         951.22 County detention facilities; contraband articles.—
  139         (1) It is unlawful, except through regular channels as duly
  140  authorized by the sheriff or officer in charge, to introduce
  141  into or possess upon the grounds of any county detention
  142  facility as defined in s. 951.23 or to give to or receive from
  143  any inmate of any such facility wherever said inmate is located
  144  at the time or to take or to attempt to take or send therefrom
  145  any of the following articles, which are contraband:
  146         (a) Any written or recorded communication. This paragraph
  147  does not apply to any document or correspondence exchanged
  148  between a lawyer, paralegal, or other legal staff and an inmate
  149  at a detention facility if the document or correspondence is
  150  otherwise lawfully possessed and disseminated and relates to the
  151  legal representation of the inmate.
  152         (b) Any currency or coin.
  153         (c) Any article of food or clothing.
  154         (d) Any tobacco products as defined in s. 210.25(12).
  155         (e) Any cigarette as defined in s. 210.01(1).
  156         (f) Any cigar.
  157         (g) Any intoxicating beverage or beverage that causes or
  158  may cause an intoxicating effect.
  159         (h) Any narcotic, hypnotic, or excitative drug or drug of
  160  any kind or nature, including nasal inhalators, sleeping pills,
  161  barbiturates, marijuana as defined in s. 381.986, hemp as
  162  defined in s. 581.217, industrial hemp as defined in s.
  163  1004.4473, and controlled substances as defined in s. 893.02(4).
  164         (i) Any firearm or any instrumentality customarily used or
  165  which is intended to be used as a dangerous weapon.
  166         (j) Any instrumentality of any nature which may be or is
  167  intended to be used as an aid in effecting or attempting to
  168  effect an escape from a county facility.
  169         (k) Any cellular telephone or other portable communication
  170  device as described in s. 944.47(1)(a)6., intentionally and
  171  unlawfully introduced inside the secure perimeter of any county
  172  detention facility. The term does not include any device that
  173  has communication capabilities which has been approved or issued
  174  by the sheriff or officer in charge for investigative or
  175  institutional security purposes or for conducting other official
  176  business.
  177         (l)Any vapor-generating electronic device as defined in s.
  178  386.203, intentionally and unlawfully introduced inside the
  179  secure perimeter of any county detention facility.
  180         (2) A person who violates paragraph (1)(a), paragraph
  181  (1)(b), paragraph (1)(c), paragraph (1)(d), paragraph (1)(e),
  182  paragraph (1)(f), or paragraph (1)(g), or paragraph (1)(l)
  183  commits a misdemeanor of the first degree, punishable as
  184  provided in s. 775.082 or s. 775.083. A person who violates
  185  paragraph (1)(h), paragraph (1)(i), paragraph (1)(j), or
  186  paragraph (1)(k) commits a felony of the third degree,
  187  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  188         Section 4. Paragraph (a) of subsection (1) and subsection
  189  (2) of section 985.711, Florida Statutes, are amended to read:
  190         985.711 Introduction, removal, or possession of certain
  191  articles unlawful; penalty.—
  192         (1)(a) Except as authorized through program policy or
  193  operating procedure or as authorized by the facility
  194  superintendent, program director, or manager, a person may not
  195  introduce into or upon the grounds of a juvenile detention
  196  facility or commitment program, or take or send, or attempt to
  197  take or send, from a juvenile detention facility or commitment
  198  program, any of the following articles, which are declared to be
  199  contraband under this section:
  200         1. Any unauthorized article of food or clothing.
  201         2. Any intoxicating beverage or any beverage that causes or
  202  may cause an intoxicating effect.
  203         3. Any controlled substance, as defined in s. 893.02(4),
  204  marijuana as defined in s. 381.986, hemp as defined in s.
  205  581.217, and industrial hemp as defined in s. 1004.4473;, or any
  206  prescription or nonprescription drug that has a hypnotic,
  207  stimulating, or depressing effect.
  208         4. Any firearm or weapon of any kind or any explosive
  209  substance.
  210         5.Any cellular telephone or other portable communication
  211  device as described in s. 944.47(1)(a)6., intentionally and
  212  unlawfully introduced inside the secure perimeter of any
  213  juvenile detention facility or commitment program. As used in
  214  this subparagraph, the term “portable communication device” does
  215  not include any device that has communication capabilities which
  216  has been approved or issued by the facility superintendent,
  217  program director, or manager.
  218         6.Any vapor-generating electronic device as defined in s.
  219  386.203, intentionally and unlawfully introduced inside the
  220  secure perimeter of any juvenile detention facility or
  221  commitment program.
  222         (2)(a) Any person who violates this section as it pertains
  223  to an article of contraband described in subparagraph (1)(a)1.
  224  commits a felony of the third degree, punishable as provided in
  225  s. 775.082, s. 775.083, or s. 775.084.
  226         (b)Any person who violates this section as it pertains to
  227  an article of contraband described in subparagraph (1)(a)5. or
  228  subparagraph (1)(a)6. commits a misdemeanor of the first degree,
  229  punishable as provided in s. 775.082 or s. 775.083.
  230         (c) In all other cases, a person who violates this section
  231  commits a felony of the second degree, punishable as provided in
  232  s. 775.082, s. 775.083, or s. 775.084.
  233         Section 5. Paragraph (d) of subsection (3) of section
  234  921.0022, Florida Statutes, is amended to read:
  235         921.0022 Criminal Punishment Code; offense severity ranking
  236  chart.—
  237         (3) OFFENSE SEVERITY RANKING CHART
  238         (d) LEVEL 4
  239  
  240  FloridaStatute    FelonyDegree           Description            
  241  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.
  242  499.0051(1)          3rd   Failure to maintain or deliver transaction history, transaction information, or transaction statements.
  243  499.0051(5)          2nd   Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
  244  517.07(1)            3rd   Failure to register securities.   
  245  517.12(1)            3rd   Failure of dealer, associated person, or issuer of securities to register.
  246  784.07(2)(b)         3rd   Battery of law enforcement officer, firefighter, etc.
  247  784.074(1)(c)        3rd   Battery of sexually violent predators facility staff.
  248  784.075              3rd   Battery on detention or commitment facility staff.
  249  784.078              3rd   Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
  250  784.08(2)(c)         3rd   Battery on a person 65 years of age or older.
  251  784.081(3)           3rd   Battery on specified official or employee.
  252  784.082(3)           3rd   Battery by detained person on visitor or other detainee.
  253  784.083(3)           3rd   Battery on code inspector.        
  254  784.085              3rd   Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
  255  787.03(1)            3rd   Interference with custody; wrongly takes minor from appointed guardian.
  256  787.04(2)            3rd   Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
  257  787.04(3)            3rd   Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
  258  787.07               3rd   Human smuggling.                  
  259  790.115(1)           3rd   Exhibiting firearm or weapon within 1,000 feet of a school.
  260  790.115(2)(b)        3rd   Possessing electric weapon or device, destructive device, or other weapon on school property.
  261  790.115(2)(c)        3rd   Possessing firearm on school property.
  262  800.04(7)(c)         3rd   Lewd or lascivious exhibition; offender less than 18 years.
  263  810.02(4)(a)         3rd   Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
  264  810.02(4)(b)         3rd   Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
  265  810.06               3rd   Burglary; possession of tools.    
  266  810.08(2)(c)         3rd   Trespass on property, armed with firearm or dangerous weapon.
  267  812.014(2)(c)3.      3rd   Grand theft, 3rd degree $10,000 or more but less than $20,000.
  268  812.014 (2)(c)4.-10.   3rd   Grand theft, 3rd degree; specified items.
  269  812.0195(2)          3rd   Dealing in stolen property by use of the Internet; property stolen $300 or more.
  270  817.505(4)(a)        3rd   Patient brokering.                
  271  817.563(1)           3rd   Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
  272  817.568(2)(a)        3rd   Fraudulent use of personal identification information.
  273  817.625(2)(a)        3rd   Fraudulent use of scanning device, skimming device, or reencoder.
  274  817.625(2)(c)        3rd   Possess, sell, or deliver skimming device.
  275  828.125(1)           2nd   Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
  276  837.02(1)            3rd   Perjury in official proceedings.  
  277  837.021(1)           3rd   Make contradictory statements in official proceedings.
  278  838.022              3rd   Official misconduct.              
  279  839.13(2)(a)         3rd   Falsifying records of an individual in the care and custody of a state agency.
  280  839.13(2)(c)         3rd   Falsifying records of the Department of Children and Families.
  281  843.021              3rd   Possession of a concealed handcuff key by a person in custody.
  282  843.025              3rd   Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
  283  843.15(1)(a)         3rd   Failure to appear while on bail for felony (bond estreature or bond jumping).
  284  847.0135(5)(c)       3rd   Lewd or lascivious exhibition using computer; offender less than 18 years.
  285  874.05(1)(a)         3rd   Encouraging or recruiting another to join a criminal gang.
  286  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).
  287  914.14(2)            3rd   Witnesses accepting bribes.       
  288  914.22(1)            3rd   Force, threaten, etc., witness, victim, or informant.
  289  914.23(2)            3rd   Retaliation against a witness, victim, or informant, no bodily injury.
  290  916.1085(2)(c)1.     3rd   Introduction of specified contraband into certain DCF facilities.
  291  918.12               3rd   Tampering with jurors.            
  292  934.215              3rd   Use of two-way communications device to facilitate commission of a crime.
  293  944.47(1)(a)6.       3rd   Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
  294  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.
  295         Section 6. This act shall take effect October 1, 2020.