Florida Senate - 2020 CS for SB 1286
By the Committee on Criminal Justice; and Senator Simmons
591-02738-20 20201286c1
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 certain cannabis related substances,
5 cellular telephones and other portable communication
6 devices, and vapor-generating electronic devices
7 inside the secure perimeter of specified facilities of
8 the Department of Children and Families or of the
9 Agency for Persons with Disabilities; providing
10 criminal penalties; amending s. 944.47; prohibiting
11 the introduction of certain cannabis related
12 substances and vapor-generating electronic devices
13 inside the secure perimeter of a correctional
14 institution; providing criminal penalties; amending s.
15 951.22, F.S.; prohibiting the introduction of certain
16 cannabis related substances and vapor-generating
17 electronic devices inside the secure perimeter of a
18 county detention facility; providing criminal
19 penalties; amending s. 985.711, F.S.; prohibiting the
20 introduction of certain cannabis related substances,
21 cellular telephones and other portable communication
22 devices, and vapor-generating electronic devices
23 inside the secure perimeter of specified juvenile
24 detention facilities or commitment programs; providing
25 criminal penalties; amending s. 921.0022, F.S.;
26 ranking the offense of introducing certain contraband
27 into specified facilities of the Department of
28 Children and Families on level 4 of the offense
29 severity ranking chart; providing an effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
32
33 Section 1. Paragraph (a) of subsection (1) and paragraph
34 (c) of subsection (2) of section 916.1085, Florida Statutes, are
35 amended to read:
36 916.1085 Introduction or removal of certain articles
37 unlawful; penalty.—
38 (1)(a) Except as authorized by law or as specifically
39 authorized by the person in charge of a facility, it is unlawful
40 to introduce inside the secure perimeter of into or upon the
41 grounds of any facility under the supervision or control of the
42 department or agency, or to take or attempt to take or send
43 therefrom, any of the following articles, which are declared to
44 be contraband for the purposes of this section:
45 1. Any intoxicating beverage or beverage which causes or
46 may cause an intoxicating effect;
47 2. Any controlled substance as defined in chapter 893,
48 marijuana as defined in s. 381.986, hemp as defined in s.
49 581.217, and industrial hemp as defined in s. 1004.4473;
50 3. Any firearm or deadly weapon; or
51 4. Any cellular telephone or other portable communication
52 device as described in s. 944.47(1)(a)6. As used in this
53 subparagraph, the term “portable communication device” does not
54 include any device that has communication capabilities which has
55 been approved or issued by the person in charge of the facility;
56 5. Any vapor-generating electronic device as defined in s.
57 386.203; 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 any provision of subparagraph
68 (1)(a)1., subparagraph (1)(a)4., subparagraph (1)(a)5., or
69 subparagraph (1)(a)6. commits a misdemeanor of the first degree,
70 punishable as provided in s. 775.082 or s. 775.083.
71 Section 2. Paragraph (a) of subsection (1) and paragraph
72 (a) of subsection (2) of section 944.47, Florida Statutes, are
73 amended to read:
74 944.47 Introduction, removal, or possession of contraband;
75 penalty.—
76 (1)(a) Except through regular channels as authorized by the
77 officer in charge of the correctional institution, it is
78 unlawful to introduce inside the secure perimeter of into or
79 upon the grounds of any state correctional institution, or to
80 take or attempt to take or send or attempt to send therefrom,
81 any of the following articles which are hereby declared to be
82 contraband for the purposes of this section, to wit:
83 1. Any written or recorded communication or any currency or
84 coin given or transmitted, or intended to be given or
85 transmitted, to any inmate of any state correctional
86 institution.
87 2. Any article of food or clothing given or transmitted, or
88 intended to be given or transmitted, to any inmate of any state
89 correctional institution.
90 3. Any intoxicating beverage or beverage which causes or
91 may cause an intoxicating effect.
92 4. Any controlled substance as defined in s. 893.02(4),
93 marijuana as defined in s. 381.986, hemp as defined in s.
94 581.217, industrial hemp as defined in s. 1004.4473, or any
95 prescription or nonprescription drug having a hypnotic,
96 stimulating, or depressing effect.
97 5. Any firearm or weapon of any kind or any explosive
98 substance.
99 6. Any cellular telephone or other portable communication
100 device intentionally and unlawfully introduced inside the secure
101 perimeter of any state correctional institution without prior
102 authorization or consent from the officer in charge of such
103 correctional institution. As used in this subparagraph, the term
104 “portable communication device” means any device carried, worn,
105 or stored which is designed or intended to receive or transmit
106 verbal or written messages, access or store data, or connect
107 electronically to the Internet or any other electronic device
108 and which allows communications in any form. Such devices
109 include, but are not limited to, portable two-way pagers, hand
110 held radios, cellular telephones, Blackberry-type devices,
111 personal digital assistants or PDA’s, laptop computers, or any
112 components of these devices which are intended to be used to
113 assemble such devices. The term also includes any new technology
114 that is developed for similar purposes. Excluded from this
115 definition is any device having communication capabilities which
116 has been approved or issued by the department for investigative
117 or institutional security purposes or for conducting other state
118 business.
119 7. Any vapor-generating electronic device as defined in s.
120 386.203.
121 (2)(a) A person who violates this section as it pertains to
122 an article of contraband described in subparagraph (1)(a)1.,
123 subparagraph (1)(a)2., or subparagraph (1)(a)6. commits a felony
124 of the third degree, punishable as provided in s. 775.082, s.
125 775.083, or s. 775.084. A person who violates this section as it
126 pertains to an article of contraband described in subparagraph
127 (1)(a)7. commits a misdemeanor of the first degree, punishable
128 as provided in s. 775.082 or s. 775.083. Otherwise, a violation
129 of this section is a felony of the second degree, punishable as
130 provided in s. 775.082, s. 775.083, or s. 775.084.
131 Section 3. Subsection (1) and (2) of section 951.22,
132 Florida Statutes, are amended to read:
133 951.22 County detention facilities; contraband articles.—
134 (1) It is unlawful, except through regular channels as duly
135 authorized by the sheriff or officer in charge, to introduce
136 inside the secure perimeter of into or possess upon the grounds
137 of any county detention facility as defined in s. 951.23 or to
138 give to or receive from any inmate of any such facility wherever
139 said inmate is located at the time or to take or to attempt to
140 take or send therefrom any of the following articles, which are
141 contraband:
142 (a) Any written or recorded communication. This paragraph
143 does not apply to any document or correspondence exchanged
144 between a lawyer, paralegal, or other legal staff and an inmate
145 at a detention facility if the document or correspondence is
146 otherwise lawfully possessed and disseminated and relates to the
147 legal representation of the inmate.
148 (b) Any currency or coin.
149 (c) Any article of food or clothing.
150 (d) Any tobacco products as defined in s. 210.25(12).
151 (e) Any cigarette as defined in s. 210.01(1).
152 (f) Any cigar.
153 (g) Any intoxicating beverage or beverage that causes or
154 may cause an intoxicating effect.
155 (h) Any narcotic, hypnotic, or excitative drug or drug of
156 any kind or nature, including nasal inhalators, sleeping pills,
157 barbiturates, marijuana as defined in s. 381.986, hemp as
158 defined in s. 581.217, industrial hemp as defined in s.
159 1004.4473, and controlled substances as defined in s. 893.02(4).
160 (i) Any firearm or any instrumentality customarily used or
161 which is intended to be used as a dangerous weapon.
162 (j) Any instrumentality of any nature which may be or is
163 intended to be used as an aid in effecting or attempting to
164 effect an escape from a county facility.
165 (k) Any cellular telephone or other portable communication
166 device as described in s. 944.47(1)(a)6. The term does not
167 include any device that has communication capabilities which has
168 been approved or issued by the sheriff or officer in charge for
169 investigative or institutional security purposes or for
170 conducting other official business.
171 (l) Any vapor-generating electronic device as defined in s.
172 386.203.
173 (2) A person who violates paragraph (1)(a), paragraph
174 (1)(b), paragraph (1)(c), paragraph (1)(d), paragraph (1)(e),
175 paragraph (1)(f), or paragraph (1)(g), or paragraph (1)(l)
176 commits a misdemeanor of the first degree, punishable as
177 provided in s. 775.082 or s. 775.083. A person who violates
178 paragraph (1)(h), paragraph (1)(i), paragraph (1)(j), or
179 paragraph (1)(k) commits a felony of the third degree,
180 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
181 Section 4. Paragraph (a) of subsection (1) and subsection
182 (2) of section 985.711, Florida Statutes, are amended to read:
183 985.711 Introduction, removal, or possession of certain
184 articles unlawful; penalty.—
185 (1)(a) Except as authorized through program policy or
186 operating procedure or as authorized by the facility
187 superintendent, program director, or manager, a person may not
188 introduce inside the secure perimeter of into or upon the
189 grounds of a juvenile detention facility or commitment program,
190 or take or send, or attempt to take or send, from a juvenile
191 detention facility or commitment program, any of the following
192 articles, which are declared to be contraband under this
193 section:
194 1. Any unauthorized article of food or clothing.
195 2. Any intoxicating beverage or any beverage that causes or
196 may cause an intoxicating effect.
197 3. Any controlled substance, as defined in s. 893.02(4),
198 marijuana as defined in s. 381.986, hemp as defined in s.
199 581.217, and industrial hemp as defined in s. 1004.4473;, or any
200 prescription or nonprescription drug that has a hypnotic,
201 stimulating, or depressing effect.
202 4. Any firearm or weapon of any kind or any explosive
203 substance.
204 5. Any cellular telephone or other portable communication
205 device as described in s. 944.47(1)(a)6. As used in this
206 subparagraph, the term “portable communication device” does not
207 include any device that has communication capabilities which has
208 been approved or issued by the facility superintendent, program
209 director, or manager.
210 6. Any vapor-generating electronic device as defined in s.
211 386.203.
212 (2)(a) Any person who violates this section as it pertains
213 to an article of contraband described in subparagraph (1)(a)1.
214 commits a felony of the third degree, punishable as provided in
215 s. 775.082, s. 775.083, or s. 775.084.
216 (b) Any person who violates this section as it pertains to
217 an article of contraband described in subparagraph (1)(a)5. or
218 subparagraph (1)(a)6. commits a misdemeanor of the first degree,
219 punishable as provided in s. 775.082 or s. 775.083.
220 (c) In all other cases, a person who violates this section
221 commits a felony of the second degree, punishable as provided in
222 s. 775.082, s. 775.083, or s. 775.084.
223 Section 5. Paragraph (d) of subsection (3) of section
224 921.0022, Florida Statutes, is amended to read:
225 921.0022 Criminal Punishment Code; offense severity ranking
226 chart.—
227 (3) OFFENSE SEVERITY RANKING CHART
228 (d) LEVEL 4
229
230 FloridaStatute FelonyDegree Description
231 316.1935(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.
232 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
233 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
234 517.07(1) 3rd Failure to register securities.
235 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
236 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
237 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
238 784.075 3rd Battery on detention or commitment facility staff.
239 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
240 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
241 784.081(3) 3rd Battery on specified official or employee.
242 784.082(3) 3rd Battery by detained person on visitor or other detainee.
243 784.083(3) 3rd Battery on code inspector.
244 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
245 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
246 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
247 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
248 787.07 3rd Human smuggling.
249 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
250 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
251 790.115(2)(c) 3rd Possessing firearm on school property.
252 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
253 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
254 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
255 810.06 3rd Burglary; possession of tools.
256 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
257 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
258 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree; specified items.
259 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
260 817.505(4)(a) 3rd Patient brokering.
261 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
262 817.568(2)(a) 3rd Fraudulent use of personal identification information.
263 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
264 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
265 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
266 837.02(1) 3rd Perjury in official proceedings.
267 837.021(1) 3rd Make contradictory statements in official proceedings.
268 838.022 3rd Official misconduct.
269 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
270 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
271 843.021 3rd Possession of a concealed handcuff key by a person in custody.
272 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
273 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
274 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
275 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
276 893.13(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).
277 914.14(2) 3rd Witnesses accepting bribes.
278 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
279 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
280 916.1085(2)(c)1. 3rd Introduction of specified contraband into certain DCF facilities.
281 918.12 3rd Tampering with jurors.
282 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
283 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
284 951.22(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.
285 Section 6. This act shall take effect October 1, 2020.