Florida Senate - 2020 SB 1286
By Senator Simmons
9-01409-20 20201286__
1 A bill to be entitled
2 An act relating to contraband in specified facilities;
3 amending s. 916.1085, F.S.; prohibiting the
4 introduction of cannabis and certain related
5 substances into specified facilities of the Department
6 of Children and Families or of the Agency for Persons
7 with Disabilities; providing a definition; providing
8 criminal penalties; amending ss. 944.47 and 951.22,
9 F.S.; prohibiting the introduction of Cannabis sativa
10 and certain related substances and vapor-generating
11 electronic devices into specified detention
12 facilities; providing a definition; providing criminal
13 penalties; amending s. 985.711, F.S.; prohibiting the
14 introduction of Cannabis sativa and certain related
15 substances, cellular telephones and other portable
16 communication devices, and vapor-generating electronic
17 devices into specified juvenile detention facilities
18 or commitment programs; providing a definition;
19 providing criminal penalties; amending s. 921.0022,
20 F.S.; ranking the offense of introducing certain
21 contraband into specified facilities of the Department
22 of Children and Families on level 4 of the offense
23 severity ranking chart; providing an effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Paragraph (a) of subsection (1) and paragraph
28 (c) of subsection (2) of section 916.1085, Florida Statutes, are
29 amended to read:
30 916.1085 Introduction or removal of certain articles
31 unlawful; penalty.—
32 (1)(a) Except as authorized by law or as specifically
33 authorized by the person in charge of a facility, it is unlawful
34 to introduce into or upon the grounds of any facility under the
35 supervision or control of the department or agency, or to take
36 or attempt to take or send therefrom, any of the following
37 articles, which are declared to be contraband for the purposes
38 of this section:
39 1. Any intoxicating beverage or beverage which causes or
40 may cause an intoxicating effect;
41 2. Any controlled substance as defined in chapter 893 or
42 any part of any plant of the genus Cannabis sativa, whether
43 growing or not; any seeds of the plant; any resin extracted from
44 any part of the plant; and any compound, manufacture, salt,
45 derivative, mixture, or preparation containing such substances,
46 including marijuana as defined in s. 381.986, hemp as defined in
47 s. 581.217, and industrial hemp as defined in s. 1004.4473;
48 3. Any firearm or deadly weapon; or
49 4. Any cellular telephone or other portable communication
50 device as described in s. 944.47(1)(a)6. As used in this
51 subparagraph, the term “portable communication device” does not
52 include any device that has communication capabilities which has
53 been approved or issued by the sheriff or officer in charge for
54 investigative or institutional security purposes or for
55 conducting other official business;
56 5. Any vapor-generating electronic device as defined in s.
57 944.47(1)(a)7.; or
58 6.4. Any other item as determined by the department or the
59 agency, and as designated by rule or by written institutional
60 policies, to be hazardous to the welfare of clients or the
61 operation of the facility.
62 (2)
63 (c)1. A person who violates any provision of subparagraph
64 (1)(a)2. or subparagraph (1)(a)3. commits a felony of the third
65 degree, punishable as provided in s. 775.082, s. 775.083, or s.
66 775.084.
67 2. A person who violates subparagraph (1)(a)4. or
68 subparagraph (1)(a)5. commits a misdemeanor of the first degree,
69 punishable as provided in s. 775.082 or s. 775.083.
70 Section 2. Paragraph (a) of subsection (1) and subsection
71 (2) of section 944.47, Florida Statutes, are amended to read:
72 944.47 Introduction, removal, or possession of contraband;
73 penalty.—
74 (1)(a) Except through regular channels as authorized by the
75 officer in charge of the correctional institution, it is
76 unlawful to introduce into or upon the grounds of any state
77 correctional institution, or to take or attempt to take or send
78 or attempt to send therefrom, any of the following articles
79 which are hereby declared to be contraband for the purposes of
80 this section, to wit:
81 1. Any written or recorded communication or any currency or
82 coin given or transmitted, or intended to be given or
83 transmitted, to any inmate of any state correctional
84 institution.
85 2. Any article of food or clothing given or transmitted, or
86 intended to be given or transmitted, to any inmate of any state
87 correctional institution.
88 3. Any intoxicating beverage or beverage which causes or
89 may cause an intoxicating effect.
90 4. Any controlled substance as defined in s. 893.02(4); or
91 any prescription or nonprescription drug having a hypnotic,
92 stimulating, or depressing effect; or any part of any plant of
93 the genus Cannabis sativa, whether growing or not; any seeds of
94 the plant; any resin extracted from any part of the plant; and
95 any compound, manufacture, salt, derivative, mixture, or
96 preparation containing such substances, including marijuana as
97 defined in s. 381.986, hemp as defined in s. 581.217, and
98 industrial hemp as defined in s. 1004.4473.
99 5. Any firearm or weapon of any kind or any explosive
100 substance.
101 6. Any cellular telephone or other portable communication
102 device intentionally and unlawfully introduced inside the secure
103 perimeter of any state correctional institution without prior
104 authorization or consent from the officer in charge of such
105 correctional institution. As used in this subparagraph, the term
106 “portable communication device” means any device carried, worn,
107 or stored which is designed or intended to receive or transmit
108 verbal or written messages, access or store data, or connect
109 electronically to the Internet or any other electronic device
110 and which allows communications in any form. Such devices
111 include, but are not limited to, portable two-way pagers, hand
112 held radios, cellular telephones, Blackberry-type devices,
113 personal digital assistants or PDA’s, laptop computers, or any
114 components of these devices which are intended to be used to
115 assemble such devices. The term also includes any new technology
116 that is developed for similar purposes. Excluded from this
117 definition is any device having communication capabilities which
118 has been approved or issued by the department for investigative
119 or institutional security purposes or for conducting other state
120 business.
121 7. Any vapor-generating electronic device. As used in this
122 subparagraph, the term “vapor-generating electronic device”
123 means any product that employs an electronic, a chemical, or a
124 mechanical means capable of producing vapor or aerosol from a
125 nicotine product or any other substance, including, but not
126 limited to, an electronic cigarette, electronic cigar,
127 electronic cigarillo, electronic pipe, or other similar device
128 or product; any replacement cartridge for such device; and any
129 other container of a solution or other substance intended to be
130 used with or within such device.
131 (2)(a) A person who violates this section as it pertains to
132 an article of contraband described in subparagraph (1)(a)1.,
133 subparagraph (1)(a)2., or subparagraph (1)(a)6. commits a felony
134 of the third degree, punishable as provided in s. 775.082, s.
135 775.083, or s. 775.084. A person who violates this section as it
136 pertains to an article of contraband described in subparagraph
137 (1)(a)7. commits a misdemeanor of the first degree, punishable
138 as provided in s. 775.082 or s. 775.083. Otherwise, a violation
139 of this section is a felony of the second degree, punishable as
140 provided in s. 775.082, s. 775.083, or s. 775.084.
141 (b) A violation of this section by an employee, as defined
142 in s. 944.115(2)(b), who uses or attempts to use the powers,
143 rights, privileges, duties, or position of his or her employment
144 in the commission of the violation is ranked one level above the
145 ranking specified in s. 921.0022 or s. 921.0023 for the offense
146 committed.
147 Section 3. Paragraph (l) is added to subsection (1) of
148 section 951.22, Florida Statutes, and paragraph (h) of
149 subsection (1) and subsection (2) of that section are amended,
150 to read:
151 951.22 County detention facilities; contraband articles.—
152 (1) It is unlawful, except through regular channels as duly
153 authorized by the sheriff or officer in charge, to introduce
154 into or possess upon the grounds of any county detention
155 facility as defined in s. 951.23 or to give to or receive from
156 any inmate of any such facility wherever said inmate is located
157 at the time or to take or to attempt to take or send therefrom
158 any of the following articles, which are contraband:
159 (h) Any narcotic, hypnotic, or excitative drug or drug of
160 any kind or nature, including nasal inhalators, sleeping pills,
161 barbiturates, and controlled substances as defined in s.
162 893.02(4), or any part of any plant of the genus Cannabis
163 sativa, whether growing or not; any seeds of the plant; any
164 resin extracted from any part of the plant; and any compound,
165 manufacture, salt, derivative, mixture, or preparation
166 containing such substances, including marijuana as defined in s.
167 381.986, hemp as defined in s. 581.217, and industrial hemp as
168 defined in s. 1004.4473.
169 (l) Any vapor-generating electronic device as defined in s.
170 944.47(1)(a)7.
171 (2) A person who violates paragraph (1)(a), paragraph
172 (1)(b), paragraph (1)(c), paragraph (1)(d), paragraph (1)(e),
173 paragraph (1)(f), or paragraph (1)(g), or paragraph (1)(l)
174 commits a misdemeanor of the first degree, punishable as
175 provided in s. 775.082 or s. 775.083. A person who violates
176 paragraph (1)(h), paragraph (1)(i), paragraph (1)(j), or
177 paragraph (1)(k) commits a felony of the third degree,
178 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
179 Section 4. Paragraph (a) of subsection (1) and subsection
180 (2) of section 985.711, Florida Statutes, are amended to read:
181 985.711 Introduction, removal, or possession of certain
182 articles unlawful; penalty.—
183 (1)(a) Except as authorized through program policy or
184 operating procedure or as authorized by the facility
185 superintendent, program director, or manager, a person may not
186 introduce into or upon the grounds of a juvenile detention
187 facility or commitment program, or take or send, or attempt to
188 take or send, from a juvenile detention facility or commitment
189 program, any of the following articles, which are declared to be
190 contraband under this section:
191 1. Any unauthorized article of food or clothing.
192 2. Any intoxicating beverage or any beverage that causes or
193 may cause an intoxicating effect.
194 3. Any controlled substance, as defined in s. 893.02(4);,
195 or any prescription or nonprescription drug that has a hypnotic,
196 stimulating, or depressing effect; or any part of any plant of
197 the genus Cannabis sativa, whether growing or not; any seeds of
198 the plant; any resin extracted from any part of the plant; and
199 any compound, manufacture, salt, derivative, mixture, or
200 preparation containing such substances, including marijuana as
201 defined in s. 381.986, hemp as defined in s. 581.217, and
202 industrial hemp as defined in s. 1004.4473.
203 4. Any firearm or weapon of any kind or any explosive
204 substance.
205 5. Any cellular telephone or other portable communication
206 device as described in s. 944.47(1)(a)6. As used in this
207 subparagraph, the term “portable communication device” does not
208 include any device that has communication capabilities which has
209 been approved or issued by the sheriff or officer in charge for
210 investigative or institutional security purposes or for
211 conducting other official business.
212 6. Any vapor-generating electronic device as defined in s.
213 944.47(1)(a)7.
214 (2)(a) Any person who violates this section as it pertains
215 to an article of contraband described in subparagraph (1)(a)1.
216 commits a felony of the third degree, punishable as provided in
217 s. 775.082, s. 775.083, or s. 775.084.
218 (b) Any person who violates this section as it pertains to
219 an article of contraband described in subparagraph (1)(a)5. or
220 subparagraph (1)(a)6. commits a misdemeanor of the first degree,
221 punishable as provided in s. 775.082 or s. 775.083.
222
223 In all other cases, a person who violates this section commits a
224 felony of the second degree, punishable as provided in s.
225 775.082, s. 775.083, or s. 775.084.
226 Section 5. Paragraph (d) of subsection (3) of section
227 921.0022, Florida Statutes, is amended to read:
228 921.0022 Criminal Punishment Code; offense severity ranking
229 chart.—
230 (3) OFFENSE SEVERITY RANKING CHART
231 (d) LEVEL 4
232
233 FloridaStatute FelonyDegree Description
234 316.1935(3)(a) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
235 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
236 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
237 517.07(1) 3rd Failure to register securities.
238 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
239 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
240 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
241 784.075 3rd Battery on detention or commitment facility staff.
242 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
243 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
244 784.081(3) 3rd Battery on specified official or employee.
245 784.082(3) 3rd Battery by detained person on visitor or other detainee.
246 784.083(3) 3rd Battery on code inspector.
247 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
248 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
249 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
250 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
251 787.07 3rd Human smuggling.
252 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
253 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
254 790.115(2)(c) 3rd Possessing firearm on school property.
255 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
256 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
257 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
258 810.06 3rd Burglary; possession of tools.
259 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
260 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
261 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree; specified items.
262 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
263 817.505(4)(a) 3rd Patient brokering.
264 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
265 817.568(2)(a) 3rd Fraudulent use of personal identification information.
266 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
267 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
268 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
269 837.02(1) 3rd Perjury in official proceedings.
270 837.021(1) 3rd Make contradictory statements in official proceedings.
271 838.022 3rd Official misconduct.
272 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
273 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
274 843.021 3rd Possession of a concealed handcuff key by a person in custody.
275 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
276 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
277 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
278 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
279 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)5. drugs).
280 914.14(2) 3rd Witnesses accepting bribes.
281 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
282 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
283 916.1085(2)(c)1. 3rd Introduction of specified contraband into certain DCF facilities.
284 918.12 3rd Tampering with jurors.
285 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
286 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
287 951.22(1)(h), (j) & (k) 3rd Intoxicating drug, instrumentality or other device to aid escape, or cellular telephone or other portable communication device introduced into county detention facility.
288 Section 6. This act shall take effect October 1, 2020.