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
2
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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.
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Florida Senate - 2005 SB 1474
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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.
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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.
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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.
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Florida Senate - 2005 SB 1474
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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.
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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.
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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.
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Florida Senate - 2005 SB 1474
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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.
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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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