Senate Bill 0184e1

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    SB 184                                         First Engrossed



  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.

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

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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  regardless of whether such person is under formal arrest.

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

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

28  in unlocking or removing handcuffs.

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

30  carried by a person in a manner that indicates an intent to

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    SB 184                                         First Engrossed



  1  prevent discovery of the key by a law enforcement officer,

  2  including, but not limited to, a handcuff key carried:

  3         1.  In a pocket of a piece of clothing of a person, and

  4  unconnected to any key ring;

  5         2.  On a necklace of a person;

  6         3.  On the body part of a person or on any item of

  7  clothing of such person, when the handcuff key is secured on

  8  the body part or item of clothing by use of tape, glue, line,

  9  or other material;

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

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

12  of a person;

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

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

15  accessory of a person;

16         6.  By a person and disguised as jewelry or other

17  object; or

18         7.  In or within any body cavity of a person.

19         (2)  Any person who possesses a concealed handcuff key

20  commits a felony of the third degree, punishable as provided

21  in s. 775.082, s. 775.083, or s. 775.084.

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

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

24  person in custody actually and effectively disclosed to the

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

26  concealed handcuff key.

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

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

29  concealed handcuff key is:

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

31  including a reserve or auxiliary officer, a licensed security


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    SB 184                                         First Engrossed



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

  2  or

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

  4  agent, runner, or limited surety agent as defined in s.

  5  648.25.

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

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

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

  9  immediately upon being placed in custody, fails to actually

10  and effectively disclose possession of the concealed handcuff

11  key.

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

13  921.0022, Florida Statutes, is amended to read:

14         921.0022  Criminal Punishment Code; offense severity

15  ranking chart.--

16         (3)  OFFENSE SEVERITY RANKING CHART

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18  Florida           Felony

19  Statute           Degree             Description

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22                              (d)  LEVEL 4

23  316.1935(3)        2nd      Driving at high speed or with

24                              wanton disregard for safety while

25                              fleeing or attempting to elude

26                              law enforcement officer who is in

27                              a marked patrol vehicle with

28                              siren and lights activated.

29  784.07(2)(b)       3rd      Battery of law enforcement

30                              officer, firefighter, intake

31                              officer, etc.


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    SB 184                                         First Engrossed



  1  784.075            3rd      Battery on detention or

  2                              commitment facility staff.

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

  4                              age or older.

  5  784.081(3)         3rd      Battery on specified official or

  6                              employee.

  7  784.082(3)         3rd      Battery by detained person on

  8                              visitor or other detainee.

  9  784.083(3)         3rd      Battery on code inspector.

10  787.03(1)          3rd      Interference with custody;

11                              wrongly takes child from

12                              appointed guardian.

13  787.04(2)          3rd      Take, entice, or remove child

14                              beyond state limits with criminal

15                              intent pending custody

16                              proceedings.

17  787.04(3)          3rd      Carrying child beyond state lines

18                              with criminal intent to avoid

19                              producing child at custody

20                              hearing or delivering to

21                              designated person.

22  790.115(1)         3rd      Exhibiting firearm or weapon

23                              within 1,000 feet of a school.

24  790.115(2)(b)      3rd      Possessing electric weapon or

25                              device, destructive device, or

26                              other weapon on school property.

27  790.115(2)(c)      3rd      Possessing firearm on school

28                              property.

29  800.04(7)(c)       3rd      Lewd or lascivious exhibition;

30                              offender less than 18 years.

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    SB 184                                         First Engrossed



  1  810.02(4)(a)       3rd      Burglary, or attempted burglary,

  2                              of an unoccupied structure;

  3                              unarmed; no assault or battery.

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

  5                              of an unoccupied conveyance;

  6                              unarmed; no assault or battery.

  7  810.06             3rd      Burglary; possession of tools.

  8  810.08(2)(c)       3rd      Trespass on property, armed with

  9                              firearm or dangerous weapon.

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

11                              or more but less than $20,000.

12  812.014

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

14                              firearm, motor vehicle,

15                              livestock, etc.

16  817.563(1)         3rd      Sell or deliver substance other

17                              than controlled substance agreed

18                              upon, excluding s. 893.03(5)

19                              drugs.

20  828.125(1)         2nd      Kill, maim, or cause great bodily

21                              harm or permanent breeding

22                              disability to any registered

23                              horse or cattle.

24  837.02(1)          3rd      Perjury in official proceedings.

25  837.021(1)         3rd      Make contradictory statements in

26                              official proceedings.

27  843.021            3rd      Possession of a concealed

28                              handcuff key by a person in

29                              custody.

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    SB 184                                         First Engrossed



  1  843.025            3rd      Deprive law enforcement,

  2                              correctional, or correctional

  3                              probation officer of means of

  4                              protection or communication.

  5  843.15(1)(a)       3rd      Failure to appear while on bail

  6                              for felony (bond estreature or

  7                              bond jumping).

  8  874.05(1)          3rd      Encouraging or recruiting another

  9                              to join a criminal street gang.

10  893.13(2)(a)1.     2nd      Purchase of cocaine (or other s.

11                              893.03(1)(a), (b), or (d), or

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

13  914.14(2)          3rd      Witnesses accepting bribes.

14  914.22(1)          3rd      Force, threaten, etc., witness,

15                              victim, or informant.

16  914.23(2)          3rd      Retaliation against a witness,

17                              victim, or informant, no bodily

18                              injury.

19  918.12             3rd      Tampering with jurors.

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

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