Florida Senate - 2018 SB 1886
By Senator Brandes
24-01410-18 20181886__
1 A bill to be entitled
2 An act relating to contraband in county detention
3 facilities; amending s. 951.22, F.S.; prohibiting
4 introduction into or possession on the grounds of any
5 county detention facility of any cellular telephone or
6 other portable communication device; defining the term
7 “portable communication device”; providing criminal
8 penalties; amending s. 921.0022, F.S.; conforming
9 provisions to changes made by the act; providing an
10 effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Section 951.22, Florida Statutes, is amended to
15 read:
16 951.22 County detention facilities; contraband articles.—
17 (1) It is unlawful, except through regular channels as duly
18 authorized by the sheriff or officer in charge, to introduce
19 into or possess upon the grounds of any county detention
20 facility as defined in s. 951.23 or to give to or receive from
21 any inmate of any such facility wherever said inmate is located
22 at the time or to take or to attempt to take or send therefrom
23 any of the following articles which are hereby declared to be
24 contraband:
25 (a) for the purposes of this act, to wit: Any written or
26 recorded communication.;
27 (b) Any currency or coin.;
28 (c) Any article of food or clothing.;
29 (d) Any tobacco products as defined in s. 210.25(12).;
30 (e) Any cigarette as defined in s. 210.01(1).;
31 (f) Any cigar.;
32 (g) Any intoxicating beverage or beverage which causes or
33 may cause an intoxicating effect.;
34 (h) Any narcotic, hypnotic, or excitative drug or drug of
35 any kind or nature, including nasal inhalators, sleeping pills,
36 barbiturates, and controlled substances as defined in s.
37 893.02(4).;
38 (i) Any firearm or any instrumentality customarily used or
39 which is intended to be used as a dangerous weapon.; and
40 (j) Any instrumentality of any nature that may be or is
41 intended to be used as an aid in effecting or attempting to
42 effect an escape from a county facility.
43 (k) Any cellular telephone or other portable communication
44 device intentionally and unlawfully introduced inside the secure
45 perimeter of any county detention facility without prior
46 authorization or consent from the sheriff or officer in charge
47 of such detention facility. As used in this paragraph, the term
48 “portable communication device” means any device carried, worn,
49 or stored which is designed or intended to receive or transmit
50 verbal or written messages, access or store data, or connect
51 electronically to the Internet or any other electronic device
52 and which allows communications in any form. Such devices
53 include, but are not limited to, portable two-way pagers,
54 handheld radios, cellular telephones, Blackberry-type devices,
55 personal digital assistants or PDAs, laptop computers, or any
56 components of these devices which are intended to be used to
57 assemble such devices. The term also includes any new technology
58 that is developed for similar purposes. Excluded from this
59 definition is any device having communication capabilities which
60 has been approved or issued by the sheriff or officer in charge
61 for investigative or institutional security purposes or for
62 conducting other official business.
63 (2) A person who Whoever violates subsection (1) commits
64 shall be guilty of a felony of the third degree, punishable as
65 provided in s. 775.082, s. 775.083, or s. 775.084.
66 Section 2. Paragraph (f) of subsection (3) of section
67 921.0022, Florida Statutes, is amended to read:
68 921.0022 Criminal Punishment Code; offense severity ranking
69 chart.—
70 (3) OFFENSE SEVERITY RANKING CHART
71 (f) LEVEL 6
72
73 FloridaStatute FelonyDegree Description
74 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
75 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
76 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
77 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
78 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
79 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
80 775.0875(1) 3rd Taking firearm from law enforcement officer.
81 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
82 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
83 784.041 3rd Felony battery; domestic battery by strangulation.
84 784.048(3) 3rd Aggravated stalking; credible threat.
85 784.048(5) 3rd Aggravated stalking of person under 16.
86 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
87 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
88 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
89 784.081(2) 2nd Aggravated assault on specified official or employee.
90 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
91 784.083(2) 2nd Aggravated assault on code inspector.
92 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
93 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
94 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
95 790.164(1) 2nd False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
96 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
97 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
98 794.05(1) 2nd Unlawful sexual activity with specified minor.
99 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
100 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
101 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
102 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
103 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
104 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
105 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
106 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
107 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
108 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
109 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
110 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
111 825.102(1) 3rd Abuse of an elderly person or disabled adult.
112 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
113 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
114 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
115 827.03(2)(c) 3rd Abuse of a child.
116 827.03(2)(d) 3rd Neglect of a child.
117 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
118 836.05 2nd Threats; extortion.
119 836.10 2nd Written threats to kill or do bodily injury.
120 843.12 3rd Aids or assists person to escape.
121 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
122 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
123 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
124 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
125 944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
126 944.40 2nd Escapes.
127 944.46 3rd Harboring, concealing, aiding escaped prisoners.
128 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
129 951.22(1) 3rd Introduction of contraband into county detention facility Intoxicating drug, firearm, or weapon introduced into county facility.
130 Section 3. This act shall take effect October 1, 2018.