The Florida Senate

916.1085  Introduction or removal of certain articles unlawful; penalty.--

(1)(a)  Except as authorized by law or as specifically authorized by the person in charge of a facility, it is unlawful to introduce into or upon the grounds of any facility under the supervision or control of the department, or to take or attempt to take or send therefrom, any of the following articles, which are hereby declared to be contraband for the purposes of this section:

1.  Any intoxicating beverage or beverage which causes or may cause an intoxicating effect;

2.  Any controlled substance as defined in chapter 893;

3.  Any firearm or deadly weapon; or

4.  Any other item as determined by the department, and as designated by departmental rule or by the administrator of any facility, and designated by written institutional policies, to be hazardous to the welfare of patients or the operation of the facility.

(b)  It is unlawful to transmit to, attempt to transmit to, or cause or attempt to cause to be transmitted to or received by any client of any facility any article or thing declared by this section to be contraband, at any place which is outside of the grounds of such facility, except as authorized by law or as specifically authorized by the person in charge of such facility.

(2)(a)  All individuals or vehicles entering upon the grounds of any facility under the supervision or control of the department may be subject to reasonable search and seizure of any contraband materials introduced thereon, for purpose of enforcement of this chapter.

(b)  These provisions shall be enforced by institutional security personnel as defined in s. 916.106(10) or by a law enforcement officer as defined in s. 943.10

(c)  A person who violates any provision of subparagraph (1)(a)2. or subparagraph (1)(a)3. commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084

History.--s. 39, ch. 85-167; s. 9, ch. 98-92.

Note.--Former s. 916.178.