Senate Bill sb1474

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    Florida Senate - 2005                                  SB 1474

    By Senator Crist





    12-43-05

  1                      A bill to be entitled

  2         An act relating to contraband within a state

  3         correctional facility; amending s. 944.47,

  4         F.S.; providing that it is a third-degree

  5         felony to give a cellular telephone to an

  6         inmate of a state correctional facility, unless

  7         authorized by the officer in charge of the

  8         facility; providing that it is a third-degree

  9         felony for an inmate or person on the grounds

10         of a state correctional facility to possess a

11         cellular telephone, unless authorized by the

12         officer in charge of the facility; amending s.

13         921.0022, F.S., relating to the offense

14         severity ranking chart of the Criminal

15         Punishment Code; conforming cross-references to

16         changes made by the act; providing an effective

17         date.

18  

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

20  

21         Section 1.  Section 944.47, Florida Statutes, is

22  amended to read:

23         944.47  Introduction, removal, or possession of certain

24  articles unlawful; penalty.--

25         (1)(a)  Except through regular channels as authorized

26  by the officer in charge of the correctional institution, it

27  is unlawful to introduce into or upon the grounds of any state

28  correctional institution, or to take or attempt to take or

29  send or attempt to send therefrom, any of the following

30  articles which are hereby declared to be contraband for the

31  purposes of this section, to wit:

                                  1

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    Florida Senate - 2005                                  SB 1474
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 1         1.  Any written or recorded communication or any

 2  currency or coin given or transmitted, or intended to be given

 3  or transmitted, to any inmate of any state correctional

 4  institution.

 5         2.  Any article of food or clothing given or

 6  transmitted, or intended to be given or transmitted, to any

 7  inmate of any state correctional institution.

 8         3.  Any cellular telephone given or transmitted, or

 9  intended to be given or transmitted, to any inmate of any

10  state correctional institution. As used in this subparagraph,

11  the term "cellular telephone" has the same meaning as in s.

12  817.4821(1).

13         4.3.  Any intoxicating beverage or beverage which

14  causes or may cause an intoxicating effect.

15         5.4.  Any controlled substance as defined in s.

16  893.02(4) or any prescription or nonprescription drug having a

17  hypnotic, stimulating, or depressing effect.

18         6.5.  Any firearm or weapon of any kind or any

19  explosive substance.

20         (b)  It is unlawful to transmit or attempt to transmit

21  to, or cause or attempt to cause to be transmitted to or

22  received by, any inmate of any state correctional institution

23  any article or thing declared by this subsection to be

24  contraband, at any place which is outside the grounds of such

25  institution, except through regular channels as authorized by

26  the officer in charge of such correctional institution.

27         (c)  It is unlawful for any inmate of any state

28  correctional institution or any person while upon the grounds

29  of any state correctional institution to be in actual or

30  constructive possession of any article or thing declared by

31  

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    Florida Senate - 2005                                  SB 1474
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 1  this section to be contraband, except as authorized by the

 2  officer in charge of such correctional institution.

 3         (2)  A person who violates any provision of this

 4  section as it pertains to an article of contraband described

 5  in subparagraph (1)(a)1., or subparagraph (1)(a)2., or

 6  subparagraph (1)(a)3. commits is guilty of a felony of the

 7  third degree, punishable as provided in s. 775.082, s.

 8  775.083, or s. 775.084.  In all other cases, a violation of a

 9  provision of this section constitutes a felony of the second

10  degree, punishable as provided in s. 775.082, s. 775.083, or

11  s. 775.084.

12         Section 2.  Paragraphs (c) and (f) of subsection (3) of

13  section 921.0022, Florida Statutes, are amended to read:

14         921.0022  Criminal Punishment Code; offense severity

15  ranking chart.--

16         (3)  OFFENSE SEVERITY RANKING CHART

17  

18  Florida           Felony

19  Statute           Degree             Description

20  

21                     

22                              (c)  LEVEL 3

23  119.10(2)(b)       3rd      Unlawful use of confidential

24                              information from police reports.

25  316.066(3)

26   (d)-(f)           3rd      Unlawfully obtaining or using

27                              confidential crash reports.

28  316.193(2)(b)      3rd      Felony DUI, 3rd conviction.

29  

30  

31  

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 1  316.1935(2)        3rd      Fleeing or attempting to elude

 2                              law enforcement officer in patrol

 3                              vehicle with siren and lights

 4                              activated.

 5  319.30(4)          3rd      Possession by junkyard of motor

 6                              vehicle with identification

 7                              number plate removed.

 8  319.33(1)(a)       3rd      Alter or forge any certificate of

 9                              title to a motor vehicle or

10                              mobile home.

11  319.33(1)(c)       3rd      Procure or pass title on stolen

12                              vehicle.

13  319.33(4)          3rd      With intent to defraud, possess,

14                              sell, etc., a blank, forged, or

15                              unlawfully obtained title or

16                              registration.

17  327.35(2)(b)       3rd      Felony BUI.

18  328.05(2)          3rd      Possess, sell, or counterfeit

19                              fictitious, stolen, or fraudulent

20                              titles or bills of sale of

21                              vessels.

22  328.07(4)          3rd      Manufacture, exchange, or possess

23                              vessel with counterfeit or wrong

24                              ID number.

25  

26  

27  

28  

29  

30  

31  

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    Florida Senate - 2005                                  SB 1474
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 1  370.12(1)(e)5.     3rd      Taking, disturbing, mutilating,

 2                              destroying, causing to be

 3                              destroyed, transferring, selling,

 4                              offering to sell, molesting, or

 5                              harassing marine turtles, marine

 6                              turtle eggs, or marine turtle

 7                              nests in violation of the Marine

 8                              Turtle Protection Act.

 9  370.12(1)(e)6.     3rd      Soliciting to commit or

10                              conspiring to commit a violation

11                              of the Marine Turtle Protection

12                              Act.

13  376.302(5)         3rd      Fraud related to reimbursement

14                              for cleanup expenses under the

15                              Inland Protection Trust Fund.

16  400.903(3)         3rd      Operating a clinic without a

17                              license or filing false license

18                              application or other required

19                              information.

20  440.105(3)(b)      3rd      Receipt of fee or consideration

21                              without approval by judge of

22                              compensation claims.

23  440.1051(3)        3rd      False report of workers'

24                              compensation fraud or retaliation

25                              for making such a report.

26  501.001(2)(b)      2nd      Tampers with a consumer product

27                              or the container using materially

28                              false/misleading information.

29  624.401(4)(a)      3rd      Transacting insurance without a

30                              certificate of authority.

31  

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    Florida Senate - 2005                                  SB 1474
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 1  624.401(4)(b)1.    3rd      Transacting insurance without a

 2                              certificate of authority; premium

 3                              collected less than $20,000.

 4  626.902(1)

 5   (a) & (b)         3rd      Representing an unauthorized

 6                              insurer.

 7  697.08             3rd      Equity skimming.

 8  790.15(3)          3rd      Person directs another to

 9                              discharge firearm from a vehicle.

10  796.05(1)          3rd      Live on earnings of a prostitute.

11  806.10(1)          3rd      Maliciously injure, destroy, or

12                              interfere with vehicles or

13                              equipment used in firefighting.

14  806.10(2)          3rd      Interferes with or assaults

15                              firefighter in performance of

16                              duty.

17  810.09(2)(c)       3rd      Trespass on property other than

18                              structure or conveyance armed

19                              with firearm or dangerous weapon.

20  812.014(2)(c)2.    3rd      Grand theft; $5,000 or more but

21                              less than $10,000.

22  812.0145(2)(c)     3rd      Theft from person 65 years of age

23                              or older; $300 or more but less

24                              than $10,000.

25  815.04(4)(b)       2nd      Computer offense devised to

26                              defraud or obtain property.

27  817.034(4)(a)3.    3rd      Engages in scheme to defraud

28                              (Florida Communications Fraud

29                              Act), property valued at less

30                              than $20,000.

31  817.233            3rd      Burning to defraud insurer.

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    Florida Senate - 2005                                  SB 1474
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 1  817.234(8)

 2   (b)-(c)           3rd      Unlawful solicitation of persons

 3                              involved in motor vehicle

 4                              accidents.

 5  817.234(11)(a)     3rd      Insurance fraud; property value

 6                              less than $20,000.

 7  817.236            3rd      Filing a false motor vehicle

 8                              insurance application.

 9  817.2361           3rd      Creating, marketing, or

10                              presenting a false or fraudulent

11                              motor vehicle insurance card.

12  817.413(2)         3rd      Sale of used goods as new.

13  817.505(4)         3rd      Patient brokering.

14  828.12(2)          3rd      Tortures any animal with intent

15                              to inflict intense pain, serious

16                              physical injury, or death.

17  831.28(2)(a)       3rd      Counterfeiting a payment

18                              instrument with intent to defraud

19                              or possessing a counterfeit

20                              payment instrument.

21  831.29             2nd      Possession of instruments for

22                              counterfeiting drivers' licenses

23                              or identification cards.

24  838.021(3)(b)      3rd      Threatens unlawful harm to public

25                              servant.

26  843.19             3rd      Injure, disable, or kill police

27                              dog or horse.

28  860.15(3)          3rd      Overcharging for repairs and

29                              parts.

30  870.01(2)          3rd      Riot; inciting or encouraging.

31  

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 1  893.13(1)(a)2.     3rd      Sell, manufacture, or deliver

 2                              cannabis (or other s.

 3                              893.03(1)(c), (2)(c)1., (2)(c)2.,

 4                              (2)(c)3., (2)(c)5., (2)(c)6.,

 5                              (2)(c)7., (2)(c)8., (2)(c)9.,

 6                              (3), or (4) drugs).

 7  893.13(1)(d)2.     2nd      Sell, manufacture, or deliver s.

 8                              893.03(1)(c), (2)(c)1., (2)(c)2.,

 9                              (2)(c)3., (2)(c)5., (2)(c)6.,

10                              (2)(c)7., (2)(c)8., (2)(c)9.,

11                              (3), or (4) drugs within 1,000

12                              feet of university.

13  893.13(1)(f)2.     2nd      Sell, manufacture, or deliver s.

14                              893.03(1)(c), (2)(c)1., (2)(c)2.,

15                              (2)(c)3., (2)(c)5., (2)(c)6.,

16                              (2)(c)7., (2)(c)8., (2)(c)9.,

17                              (3), or (4) drugs within 1,000

18                              feet of public housing facility.

19  893.13(6)(a)       3rd      Possession of any controlled

20                              substance other than felony

21                              possession of cannabis.

22  893.13(7)(a)8.     3rd      Withhold information from

23                              practitioner regarding previous

24                              receipt of or prescription for a

25                              controlled substance.

26  893.13(7)(a)9.     3rd      Obtain or attempt to obtain

27                              controlled substance by fraud,

28                              forgery, misrepresentation, etc.

29  893.13(7)(a)10.    3rd      Affix false or forged label to

30                              package of controlled substance.

31  

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 1  893.13(7)(a)11.    3rd      Furnish false or fraudulent

 2                              material information on any

 3                              document or record required by

 4                              chapter 893.

 5  893.13(8)(a)1.     3rd      Knowingly assist a patient, other

 6                              person, or owner of an animal in

 7                              obtaining a controlled substance

 8                              through deceptive, untrue, or

 9                              fraudulent representations in or

10                              related to the practitioner's

11                              practice.

12  893.13(8)(a)2.     3rd      Employ a trick or scheme in the

13                              practitioner's practice to assist

14                              a patient, other person, or owner

15                              of an animal in obtaining a

16                              controlled substance.

17  893.13(8)(a)3.     3rd      Knowingly write a prescription

18                              for a controlled substance for a

19                              fictitious person.

20  893.13(8)(a)4.     3rd      Write a prescription for a

21                              controlled substance for a

22                              patient, other person, or an

23                              animal if the sole purpose of

24                              writing the prescription is a

25                              monetary benefit for the

26                              practitioner.

27  918.13(1)(a)       3rd      Alter, destroy, or conceal

28                              investigation evidence.

29  944.47

30   (1)(a)1.-3.2.     3rd      Introduce contraband to

31                              correctional facility.

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 1  944.47(1)(c)       2nd      Possess contraband while upon the

 2                              grounds of a correctional

 3                              institution.

 4  985.3141           3rd      Escapes from a juvenile facility

 5                              (secure detention or residential

 6                              commitment facility).

 7                              (f)  LEVEL 6

 8  316.193(2)(b)      3rd      Felony DUI, 4th or subsequent

 9                              conviction.

10  499.0051(3)        2nd      Forgery of pedigree papers.

11  499.0051(4)        2nd      Purchase or receipt of legend

12                              drug from unauthorized person.

13  499.0051(5)        2nd      Sale of legend drug to

14                              unauthorized person.

15  775.0875(1)        3rd      Taking firearm from law

16                              enforcement officer.

17  775.21(10)         3rd      Sexual predators; failure to

18                              register; failure to renew

19                              driver's license or

20                              identification card.

21  784.021(1)(a)      3rd      Aggravated assault; deadly weapon

22                              without intent to kill.

23  784.021(1)(b)      3rd      Aggravated assault; intent to

24                              commit felony.

25  784.041            3rd      Felony battery.

26  784.048(3)         3rd      Aggravated stalking; credible

27                              threat.

28  784.048(5)         3rd      Aggravated stalking of person

29                              under 16.

30  784.07(2)(c)       2nd      Aggravated assault on law

31                              enforcement officer.

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 1  784.074(1)(b)      2nd      Aggravated assault on sexually

 2                              violent predators facility staff.

 3  784.08(2)(b)       2nd      Aggravated assault on a person 65

 4                              years of age or older.

 5  784.081(2)         2nd      Aggravated assault on specified

 6                              official or employee.

 7  784.082(2)         2nd      Aggravated assault by detained

 8                              person on visitor or other

 9                              detainee.

10  784.083(2)         2nd      Aggravated assault on code

11                              inspector.

12  787.02(2)          3rd      False imprisonment; restraining

13                              with purpose other than those in

14                              s. 787.01.

15  790.115(2)(d)      2nd      Discharging firearm or weapon on

16                              school property.

17  790.161(2)         2nd      Make, possess, or throw

18                              destructive device with intent to

19                              do bodily harm or damage

20                              property.

21  790.164(1)         2nd      False report of deadly explosive,

22                              weapon of mass destruction, or

23                              act of arson or violence to state

24                              property.

25  790.19             2nd      Shooting or throwing deadly

26                              missiles into dwellings, vessels,

27                              or vehicles.

28  794.011(8)(a)      3rd      Solicitation of minor to

29                              participate in sexual activity by

30                              custodial adult.

31  

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 1  794.05(1)          2nd      Unlawful sexual activity with

 2                              specified minor.

 3  800.04(5)(d)       3rd      Lewd or lascivious molestation;

 4                              victim 12 years of age or older

 5                              but less than 16 years; offender

 6                              less than 18 years.

 7  800.04(6)(b)       2nd      Lewd or lascivious conduct;

 8                              offender 18 years of age or

 9                              older.

10  806.031(2)         2nd      Arson resulting in great bodily

11                              harm to firefighter or any other

12                              person.

13  810.02(3)(c)       2nd      Burglary of occupied structure;

14                              unarmed; no assault or battery.

15  812.014(2)(b)1.    2nd      Property stolen $20,000 or more,

16                              but less than $100,000, grand

17                              theft in 2nd degree.

18  812.015(9)         2nd      Retail theft; property stolen

19                              $300 or more; second or

20                              subsequent conviction.

21  812.13(2)(c)       2nd      Robbery, no firearm or other

22                              weapon (strong-arm robbery).

23  817.034(4)(a)1.    1st      Communications fraud, value

24                              greater than $50,000.

25  817.4821(5)        2nd      Possess cloning paraphernalia

26                              with intent to create cloned

27                              cellular telephones.

28  825.102(1)         3rd      Abuse of an elderly person or

29                              disabled adult.

30  825.102(3)(c)      3rd      Neglect of an elderly person or

31                              disabled adult.

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 1  825.1025(3)        3rd      Lewd or lascivious molestation of

 2                              an elderly person or disabled

 3                              adult.

 4  825.103(2)(c)      3rd      Exploiting an elderly person or

 5                              disabled adult and property is

 6                              valued at less than $20,000.

 7  827.03(1)          3rd      Abuse of a child.

 8  827.03(3)(c)       3rd      Neglect of a child.

 9  827.071(2)&(3)     2nd      Use or induce a child in a sexual

10                              performance, or promote or direct

11                              such performance.

12  836.05             2nd      Threats; extortion.

13  836.10             2nd      Written threats to kill or do

14                              bodily injury.

15  843.12             3rd      Aids or assists person to escape.

16  847.0135(3)        3rd      Solicitation of a child, via a

17                              computer service, to commit an

18                              unlawful sex act.

19  914.23             2nd      Retaliation against a witness,

20                              victim, or informant, with bodily

21                              injury.

22  943.0435(9)        3rd      Sex offenders; failure to comply

23                              with reporting requirements.

24  944.35(3)(a)2.     3rd      Committing malicious battery upon

25                              or inflicting cruel or inhuman

26                              treatment on an inmate or

27                              offender on community

28                              supervision, resulting in great

29                              bodily harm.

30  944.40             2nd      Escapes.

31  

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 1  944.46             3rd      Harboring, concealing, aiding

 2                              escaped prisoners.

 3  944.47(1)(a)6.5.   2nd      Introduction of contraband

 4                              (firearm, weapon, or explosive)

 5                              into correctional facility.

 6  951.22(1)          3rd      Intoxicating drug, firearm, or

 7                              weapon introduced into county

 8                              facility.

 9         Section 3.  This act shall take effect July 1, 2005.

10  

11            *****************************************

12                          SENATE SUMMARY

13    Makes it third-degree felony for an inmate or person on
      the grounds of a state correctional institution to
14    possess a cellular telephone, or for a person to provide
      such an inmate with a cellular telephone, unless
15    authorized by the officer in charge of the institution.

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