House Bill 0145

    Florida House of Representatives - 2000                 HB 145

        By Representative L. Miller






  1                      A bill to be entitled

  2         An act relating to possession of concealed

  3         handcuff keys; providing definitions;

  4         prohibiting possession of a concealed handcuff

  5         key under certain circumstances; providing

  6         defenses; providing a penalty; providing an

  7         effective date.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  (1)  For purposes of this act:

12         (a)  "Handcuff key" means any key, tool, implement, or

13  any other device used, designed, or intended to aid in

14  unlocking or removing handcuffs or flexcuffs.

15         (b)  "Concealed handcuff key" means any handcuff key

16  carried on a person in any manner indicating an intent to

17  prevent discovery of the key by a law enforcement officer

18  including, but not limited to, a handcuff key:

19         1.  Carried in a pocket and unconnected to any key

20  ring;

21         2.  Carried on a necklace;

22         3.  Secured by tape, glue, or line to any body part or

23  item of clothing;

24         4.  Carried within any compartment, seam, fold, or

25  other encasement within any item of clothing, belt, shoe, or

26  jewelry;

27         5.  Carried within any sock, hose, shoe, belt,

28  undergarment, glove, hat, or similar item;

29         6.  Disguised as jewelry or other object on the person;

30  or

31         7.  Carried in any body cavity.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                 HB 145

    516-203-00






  1         (c)  "Custody" means detention of a person by means of

  2  handcuffs, flexcuffs, or any other movement restraining device

  3  by a law enforcement official, regardless of whether the

  4  person is under formal arrest.

  5         (2)  It is unlawful for any person in the custody of a

  6  law enforcement officer to possess a concealed handcuff key.

  7         (3)  It is a defense to a charge under this section

  8  that:

  9         (a)  The handcuff key possessed by a person in custody

10  was not secreted on the person but was one of several keys on

11  the person's sole keyring.

12         (b)  Immediately upon being placed in custody, the

13  person disclosed to the law enforcement officer that the

14  person was in possession of a handcuff key.

15         (c)  The person in possession of a concealed handcuff

16  key is a federal, state, or local law enforcement officer,

17  including a reserve or auxiliary officer, a licensed security

18  officer or private investigator as defined in s. 493.6101,

19  Florida Statutes, or a professional or temporary bail bond

20  agent or runner for such agent, as defined in s. 648.25,

21  Florida Statutes. However, the defense under this paragraph

22  shall not be available if such person fails to disclose his or

23  her possession of a concealed handcuff key upon being placed

24  in custody.

25         (4)  Any person who violates any provision of this

26  section commits a misdemeanor of the first degree, punishable

27  as provided in s. 775.082 or s. 775.083, Florida Statutes.

28         Section 2.  This act shall take effect October 1, 2000.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                 HB 145

    516-203-00






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  2                          HOUSE SUMMARY

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      Prohibits possession of a concealed handcuff key while in
  4    custody. Provides defenses. Provides a penalty.

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