Senate Bill 0184

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    Florida Senate - 2000                                   SB 184

    By Senator Lee





    23-161-00

  1                      A bill to be entitled

  2         An act relating to the offense of possessing a

  3         concealed handcuff key; creating s. 843.021,

  4         F.S.; providing definitions; providing that it

  5         is a third-degree felony for a person placed in

  6         custody to possess a concealed handcuff key;

  7         providing that disclosure of such possession to

  8         a law enforcement officer is a defense to the

  9         charge of unlawfully possessing a concealed

10         handcuff key; amending s. 921.0022, F.S.,

11         relating to the Criminal Punishment Code;

12         including the offense of possessing a concealed

13         handcuff key on the offense severity ranking

14         chart; providing an effective date.

15

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

17

18         Section 1.  Section 843.021, Florida Statutes, is

19  created to read:

20         843.021  Unlawful possession of a concealed handcuff

21  key.--

22         (1)  As used in this section, the term:

23         (a)  "In custody" means any time while a person has

24  been placed by a law enforcement officer in handcuffs,

25  flexcuffs, or any other device that is intended to restrain

26  movement, regardless of whether such person is under formal

27  arrest.

28         (b)  "Handcuff key" means any key, tool, device,

29  implement, or other thing used, designed, or intended to aid

30  in unlocking or removing handcuffs, flexcuffs, or any other

31  device intended to restrain movement.

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    Florida Senate - 2000                                   SB 184
    23-161-00




  1         (c)  "Concealed handcuff key" means any handcuff key

  2  carried by a person in custody in a manner that indicates an

  3  intent to prevent discovery of the key by a law enforcement

  4  officer, including, but not limited to, a handcuff key

  5  carried:

  6         1.  In a pocket of a piece of clothing of a person in

  7  custody and unconnected to any key ring;

  8         2.  On a necklace of a person in custody;

  9         3.  On the body part of a person in custody or on any

10  item of clothing of such person, when the handcuff key is

11  secured on the body part or item of clothing by use of tape,

12  glue, line, or other material;

13         4.  In or within any compartment, seam, fold, or other

14  encasement within any item of clothing, belt, shoe, or jewelry

15  of a person in custody;

16         5.  In or within any sock, hose, shoe, belt,

17  undergarment, glove, hat, or similar item of clothing or

18  accessory of a person in custody;

19         6.  By a person in custody and disguised as jewelry or

20  other object; or

21         7.  In or within any body cavity of a person in

22  custody.

23         (2)  Any person in custody who possesses a concealed

24  handcuff key commits a felony of the third degree, punishable

25  as provided in s. 775.082, s. 775.083, or s. 775.084.

26         (3)  It is a defense to a charge of violating this

27  section that, immediately upon being placed in custody, the

28  person in custody actually and effectively disclosed to the

29  law enforcement officer that he or she was in possession of a

30  concealed handcuff key.

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    23-161-00




  1         (4)(a)  It is a defense to a charge of violating this

  2  section that the person in custody and in possession of a

  3  concealed handcuff key is:

  4         1.  A federal, state, or local law enforcement officer,

  5  including a reserve or auxiliary officer, a licensed security

  6  officer, or a private investigator as defined in s. 493.6101;

  7  or

  8         2.  A professional bail bond agent, temporary bail bond

  9  agent, or runner, as defined in s. 648.25.

10         (b)  However, the defense is not available to any

11  officer, investigator, agent, or runner listed in this

12  subsection if the officer, investigator, agent, or runner,

13  immediately upon being placed in custody, fails to actually

14  and effectively disclose possession of the concealed handcuff

15  key.

16         Section 2.  Paragraph (d) of subsection (3) of section

17  921.0022, Florida Statutes, is amended to read:

18         921.0022  Criminal Punishment Code; offense severity

19  ranking chart.--

20         (3)  OFFENSE SEVERITY RANKING CHART

21

22  Florida           Felony

23  Statute           Degree             Description

24

25

26                              (d)  LEVEL 4

27

28

29

30

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  1  316.1935(3)        2nd      Driving at high speed or with

  2                              wanton disregard for safety while

  3                              fleeing or attempting to elude

  4                              law enforcement officer who is in

  5                              a marked patrol vehicle with

  6                              siren and lights activated.

  7  784.07(2)(b)       3rd      Battery of law enforcement

  8                              officer, firefighter, intake

  9                              officer, etc.

10  784.075            3rd      Battery on detention or

11                              commitment facility staff.

12  784.08(2)(c)       3rd      Battery on a person 65 years of

13                              age or older.

14  784.081(3)         3rd      Battery on specified official or

15                              employee.

16  784.082(3)         3rd      Battery by detained person on

17                              visitor or other detainee.

18  784.083(3)         3rd      Battery on code inspector.

19  787.03(1)          3rd      Interference with custody;

20                              wrongly takes child from

21                              appointed guardian.

22  787.04(2)          3rd      Take, entice, or remove child

23                              beyond state limits with criminal

24                              intent pending custody

25                              proceedings.

26  787.04(3)          3rd      Carrying child beyond state lines

27                              with criminal intent to avoid

28                              producing child at custody

29                              hearing or delivering to

30                              designated person.

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  1  790.115(1)         3rd      Exhibiting firearm or weapon

  2                              within 1,000 feet of a school.

  3  790.115(2)(b)      3rd      Possessing electric weapon or

  4                              device, destructive device, or

  5                              other weapon on school property.

  6  790.115(2)(c)      3rd      Possessing firearm on school

  7                              property.

  8  800.04(7)(c)       3rd      Lewd or lascivious exhibition;

  9                              offender less than 18 years.

10  810.02(4)(a)       3rd      Burglary, or attempted burglary,

11                              of an unoccupied structure;

12                              unarmed; no assault or battery.

13  810.02(4)(b)       3rd      Burglary, or attempted burglary,

14                              of an unoccupied conveyance;

15                              unarmed; no assault or battery.

16  810.06             3rd      Burglary; possession of tools.

17  810.08(2)(c)       3rd      Trespass on property, armed with

18                              firearm or dangerous weapon.

19  812.014(2)(c)3.    3rd      Grand theft, 3rd degree $10,000

20                              or more but less than $20,000.

21  812.014

22   (2)(c)4.-10.      3rd      Grand theft, 3rd degree, a will,

23                              firearm, motor vehicle,

24                              livestock, etc.

25  817.563(1)         3rd      Sell or deliver substance other

26                              than controlled substance agreed

27                              upon, excluding s. 893.03(5)

28                              drugs.

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30

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  1  828.125(1)         2nd      Kill, maim, or cause great bodily

  2                              harm or permanent breeding

  3                              disability to any registered

  4                              horse or cattle.

  5  837.02(1)          3rd      Perjury in official proceedings.

  6  837.021(1)         3rd      Make contradictory statements in

  7                              official proceedings.

  8  843.021            3rd      Possession of a concealed

  9                              handcuff key by a person in

10                              custody.

11  843.025            3rd      Deprive law enforcement,

12                              correctional, or correctional

13                              probation officer of means of

14                              protection or communication.

15  843.15(1)(a)       3rd      Failure to appear while on bail

16                              for felony (bond estreature or

17                              bond jumping).

18  874.05(1)          3rd      Encouraging or recruiting another

19                              to join a criminal street gang.

20  893.13(2)(a)1.     2nd      Purchase of cocaine (or other s.

21                              893.03(1)(a), (b), or (d), or

22                              (2)(a) or (b) drugs).

23  914.14(2)          3rd      Witnesses accepting bribes.

24  914.22(1)          3rd      Force, threaten, etc., witness,

25                              victim, or informant.

26  914.23(2)          3rd      Retaliation against a witness,

27                              victim, or informant, no bodily

28                              injury.

29  918.12             3rd      Tampering with jurors.

30         Section 3.  This act shall take effect July 1, 2000.

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    Florida Senate - 2000                                   SB 184
    23-161-00




  1            *****************************************

  2                          SENATE SUMMARY

  3    Provides that it is a felony of the third degree for a
      person in custody to possess a concealed handcuff key.
  4    Defines the term "handcuff key" to include any device
      used to aid in removing handcuffs, flexcuffs, or any
  5    other device intended to restrain movement. Provides that
      it is a defense to the charge of unlawfully possessing a
  6    concealed handcuff key if the person discloses such
      possession immediately upon being placed in custody by a
  7    law enforcement officer.

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