Senate Bill 0184
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Florida Senate - 2000 SB 184
By Senator Lee
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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
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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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Florida Senate - 2000 SB 184
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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
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Florida Senate - 2000 SB 184
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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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Florida Senate - 2000 SB 184
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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
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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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