ENROLLED
       2020 Legislature            CS for CS for SB 1286, 1st Engrossed
       
       
       
       
       
       
                                                             20201286er
    1  
    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 specified facilities of the Department of
    8         Children and Families or of the Agency for Persons
    9         with Disabilities; providing criminal penalties;
   10         amending s. 944.47, F.S.; prohibiting the introduction
   11         of certain cannabis related substances and vapor
   12         generating electronic devices inside a state
   13         correctional institution; providing criminal
   14         penalties; amending s. 951.22, F.S.; prohibiting the
   15         introduction of certain cannabis related substances
   16         and vapor-generating electronic devices inside a
   17         county detention facility; providing criminal
   18         penalties; amending s. 985.711, F.S.; prohibiting the
   19         introduction of certain cannabis related substances,
   20         cellular telephones and other portable communication
   21         devices, and vapor-generating electronic devices
   22         inside specified juvenile detention facilities or
   23         commitment programs; providing criminal penalties;
   24         amending s. 921.0022, F.S.; ranking the offense of
   25         introducing certain contraband into specified
   26         facilities of the Department of Children and Families
   27         on level 4 of the offense severity ranking chart;
   28         providing an effective date.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Paragraph (a) of subsection (1) and paragraph
   33  (c) of subsection (2) of section 916.1085, Florida Statutes, are
   34  amended to read:
   35         916.1085 Introduction or removal of certain articles
   36  unlawful; penalty.—
   37         (1)(a) Except as authorized by law or as specifically
   38  authorized by the person in charge of a facility, it is unlawful
   39  to introduce into or upon the grounds of any facility under the
   40  supervision or control of the department or agency, or to take
   41  or attempt to take or send therefrom, any of the following
   42  articles, which are declared to be contraband for the purposes
   43  of this section:
   44         1. Any intoxicating beverage or beverage which causes or
   45  may cause an intoxicating effect;
   46         2. Any controlled substance as defined in chapter 893,
   47  marijuana as defined in s. 381.986, hemp as defined in s.
   48  581.217, or industrial hemp as defined in s. 1004.4473;
   49         3. Any firearm or deadly weapon; or
   50         4. Any cellular telephone or other portable communication
   51  device as described in s. 944.47(1)(a)6., intentionally and
   52  unlawfully introduced inside the secure perimeter of any
   53  forensic facility under the operation and control of the
   54  department or agency. As used in this subparagraph, the term
   55  “portable communication device” does not include any device that
   56  has communication capabilities which has been approved or issued
   57  by the person in charge of the forensic facility;
   58         5. Any vapor-generating electronic device as defined in s.
   59  386.203, intentionally and unlawfully introduced inside the
   60  secure perimeter of any forensic facility under the operation
   61  and control of the department or agency; or
   62         6.4. Any other item as determined by the department or the
   63  agency, and as designated by rule or by written institutional
   64  policies, to be hazardous to the welfare of clients or the
   65  operation of the facility.
   66         (2)
   67         (c)1. A person who violates any provision of subparagraph
   68  (1)(a)2. or subparagraph (1)(a)3. commits a felony of the third
   69  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   70  775.084.
   71         2. A person who violates any provision of subparagraph
   72  (1)(a)1., subparagraph (1)(a)4., subparagraph (1)(a)5., or
   73  subparagraph (1)(a)6. commits a misdemeanor of the first degree,
   74  punishable as provided in s. 775.082 or s. 775.083.
   75         Section 2. Paragraph (a) of subsection (1) and paragraph
   76  (a) of subsection (2) of section 944.47, Florida Statutes, are
   77  amended to read:
   78         944.47 Introduction, removal, or possession of contraband;
   79  penalty.—
   80         (1)(a) Except through regular channels as authorized by the
   81  officer in charge of the correctional institution, it is
   82  unlawful to introduce into or upon the grounds of any state
   83  correctional institution, or to take or attempt to take or send
   84  or attempt to send therefrom, any of the following articles
   85  which are hereby declared to be contraband for the purposes of
   86  this section, to wit:
   87         1. Any written or recorded communication or any currency or
   88  coin given or transmitted, or intended to be given or
   89  transmitted, to any inmate of any state correctional
   90  institution.
   91         2. Any article of food or clothing given or transmitted, or
   92  intended to be given or transmitted, to any inmate of any state
   93  correctional institution.
   94         3. Any intoxicating beverage or beverage which causes or
   95  may cause an intoxicating effect.
   96         4. Any controlled substance as defined in s. 893.02(4),
   97  marijuana as defined in s. 381.986, hemp as defined in s.
   98  581.217, industrial hemp as defined in s. 1004.4473, or any
   99  prescription or nonprescription drug having a hypnotic,
  100  stimulating, or depressing effect.
  101         5. Any firearm or weapon of any kind or any explosive
  102  substance.
  103         6. Any cellular telephone or other portable communication
  104  device intentionally and unlawfully introduced inside the secure
  105  perimeter of any state correctional institution without prior
  106  authorization or consent from the officer in charge of such
  107  correctional institution. As used in this subparagraph, the term
  108  “portable communication device” means any device carried, worn,
  109  or stored which is designed or intended to receive or transmit
  110  verbal or written messages, access or store data, or connect
  111  electronically to the Internet or any other electronic device
  112  and which allows communications in any form. Such devices
  113  include, but are not limited to, portable two-way pagers, hand
  114  held radios, cellular telephones, Blackberry-type devices,
  115  personal digital assistants or PDA’s, laptop computers, or any
  116  components of these devices which are intended to be used to
  117  assemble such devices. The term also includes any new technology
  118  that is developed for similar purposes. Excluded from this
  119  definition is any device having communication capabilities which
  120  has been approved or issued by the department for investigative
  121  or institutional security purposes or for conducting other state
  122  business.
  123         7. Any vapor-generating electronic device as defined in s.
  124  386.203, intentionally and unlawfully introduced inside the
  125  secure perimeter of any state correctional institution.
  126         (2)(a) A person who violates this section as it pertains to
  127  an article of contraband described in subparagraph (1)(a)1.,
  128  subparagraph (1)(a)2., or subparagraph (1)(a)6. commits a felony
  129  of the third degree, punishable as provided in s. 775.082, s.
  130  775.083, or s. 775.084. A person who violates this section as it
  131  pertains to an article of contraband described in subparagraph
  132  (1)(a)7. commits a misdemeanor of the first degree, punishable
  133  as provided in s. 775.082 or s. 775.083. Otherwise, a violation
  134  of this section is a felony of the second degree, punishable as
  135  provided in s. 775.082, s. 775.083, or s. 775.084.
  136         Section 3. Subsections (1) and (2) of section 951.22,
  137  Florida Statutes, are amended to read:
  138         951.22 County detention facilities; contraband articles.—
  139         (1) It is unlawful, except through regular channels as duly
  140  authorized by the sheriff or officer in charge, to introduce
  141  into or possess upon the grounds of any county detention
  142  facility as defined in s. 951.23 or to give to or receive from
  143  any inmate of any such facility wherever said inmate is located
  144  at the time or to take or to attempt to take or send therefrom
  145  any of the following articles, which are contraband:
  146         (a) Any written or recorded communication. This paragraph
  147  does not apply to any document or correspondence exchanged
  148  between a lawyer, paralegal, or other legal staff and an inmate
  149  at a detention facility if the document or correspondence is
  150  otherwise lawfully possessed and disseminated and relates to the
  151  legal representation of the inmate.
  152         (b) Any currency or coin.
  153         (c) Any article of food or clothing.
  154         (d) Any tobacco products as defined in s. 210.25(12).
  155         (e) Any cigarette as defined in s. 210.01(1).
  156         (f) Any cigar.
  157         (g) Any intoxicating beverage or beverage that causes or
  158  may cause an intoxicating effect.
  159         (h) Any narcotic, hypnotic, or excitative drug or drug of
  160  any kind or nature, including nasal inhalators, sleeping pills,
  161  barbiturates, marijuana as defined in s. 381.986, hemp as
  162  defined in s. 581.217, industrial hemp as defined in s.
  163  1004.4473, or and controlled substances as defined in s.
  164  893.02(4).
  165         (i) Any firearm or any instrumentality customarily used or
  166  which is intended to be used as a dangerous weapon.
  167         (j) Any instrumentality of any nature which may be or is
  168  intended to be used as an aid in effecting or attempting to
  169  effect an escape from a county facility.
  170         (k) Any cellular telephone or other portable communication
  171  device as described in s. 944.47(1)(a)6., intentionally and
  172  unlawfully introduced inside the secure perimeter of any county
  173  detention facility. The term does not include any device that
  174  has communication capabilities which has been approved or issued
  175  by the sheriff or officer in charge for investigative or
  176  institutional security purposes or for conducting other official
  177  business.
  178         (l) Any vapor-generating electronic device as defined in s.
  179  386.203, intentionally and unlawfully introduced inside the
  180  secure perimeter of any county detention facility.
  181         (2) A person who violates paragraph (1)(a), paragraph
  182  (1)(b), paragraph (1)(c), paragraph (1)(d), paragraph (1)(e),
  183  paragraph (1)(f), or paragraph (1)(g), or paragraph (1)(l)
  184  commits a misdemeanor of the first degree, punishable as
  185  provided in s. 775.082 or s. 775.083. A person who violates
  186  paragraph (1)(h), paragraph (1)(i), paragraph (1)(j), or
  187  paragraph (1)(k) commits a felony of the third degree,
  188  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  189         Section 4. Paragraph (a) of subsection (1) and subsection
  190  (2) of section 985.711, Florida Statutes, are amended to read:
  191         985.711 Introduction, removal, or possession of certain
  192  articles unlawful; penalty.—
  193         (1)(a) Except as authorized through program policy or
  194  operating procedure or as authorized by the facility
  195  superintendent, program director, or manager, a person may not
  196  introduce into or upon the grounds of a juvenile detention
  197  facility or commitment program, or take or send, or attempt to
  198  take or send, from a juvenile detention facility or commitment
  199  program, any of the following articles, which are declared to be
  200  contraband under this section:
  201         1. Any unauthorized article of food or clothing.
  202         2. Any intoxicating beverage or any beverage that causes or
  203  may cause an intoxicating effect.
  204         3. Any controlled substance, as defined in s. 893.02(4),
  205  marijuana as defined in s. 381.986, hemp as defined in s.
  206  581.217, industrial hemp as defined in s. 1004.4473, or any
  207  prescription or nonprescription drug that has a hypnotic,
  208  stimulating, or depressing effect.
  209         4. Any firearm or weapon of any kind or any explosive
  210  substance.
  211         5.Any cellular telephone or other portable communication
  212  device as described in s. 944.47(1)(a)6., intentionally and
  213  unlawfully introduced inside the secure perimeter of any
  214  juvenile detention facility or commitment program. As used in
  215  this subparagraph, the term “portable communication device” does
  216  not include any device that has communication capabilities which
  217  has been approved or issued by the facility superintendent,
  218  program director, or manager.
  219         6.Any vapor-generating electronic device as defined in s.
  220  386.203, intentionally and unlawfully introduced inside the
  221  secure perimeter of any juvenile detention facility or
  222  commitment program.
  223         (2)(a) Any person who violates this section as it pertains
  224  to an article of contraband described in subparagraph (1)(a)1.
  225  commits a felony of the third degree, punishable as provided in
  226  s. 775.082, s. 775.083, or s. 775.084.
  227         (b)Any person who violates this section as it pertains to
  228  an article of contraband described in subparagraph (1)(a)5. or
  229  subparagraph (1)(a)6. commits a misdemeanor of the first degree,
  230  punishable as provided in s. 775.082 or s. 775.083.
  231         (c) In all other cases, a person who violates this section
  232  commits a felony of the second degree, punishable as provided in
  233  s. 775.082, s. 775.083, or s. 775.084.
  234         Section 5. Paragraph (d) of subsection (3) of section
  235  921.0022, Florida Statutes, is amended to read:
  236         921.0022 Criminal Punishment Code; offense severity ranking
  237  chart.—
  238         (3) OFFENSE SEVERITY RANKING CHART
  239         (d) LEVEL 4
  240  
  241  FloridaStatute    FelonyDegree           Description            
  242  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.
  243  499.0051(1)          3rd   Failure to maintain or deliver transaction history, transaction information, or transaction statements.
  244  499.0051(5)          2nd   Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
  245  517.07(1)            3rd   Failure to register securities.   
  246  517.12(1)            3rd   Failure of dealer, associated person, or issuer of securities to register.
  247  784.07(2)(b)         3rd   Battery of law enforcement officer, firefighter, etc.
  248  784.074(1)(c)        3rd   Battery of sexually violent predators facility staff.
  249  784.075              3rd   Battery on detention or commitment facility staff.
  250  784.078              3rd   Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
  251  784.08(2)(c)         3rd   Battery on a person 65 years of age or older.
  252  784.081(3)           3rd   Battery on specified official or employee.
  253  784.082(3)           3rd   Battery by detained person on visitor or other detainee.
  254  784.083(3)           3rd   Battery on code inspector.        
  255  784.085              3rd   Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
  256  787.03(1)            3rd   Interference with custody; wrongly takes minor from appointed guardian.
  257  787.04(2)            3rd   Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
  258  787.04(3)            3rd   Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
  259  787.07               3rd   Human smuggling.                  
  260  790.115(1)           3rd   Exhibiting firearm or weapon within 1,000 feet of a school.
  261  790.115(2)(b)        3rd   Possessing electric weapon or device, destructive device, or other weapon on school property.
  262  790.115(2)(c)        3rd   Possessing firearm on school property.
  263  800.04(7)(c)         3rd   Lewd or lascivious exhibition; offender less than 18 years.
  264  810.02(4)(a)         3rd   Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
  265  810.02(4)(b)         3rd   Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
  266  810.06               3rd   Burglary; possession of tools.    
  267  810.08(2)(c)         3rd   Trespass on property, armed with firearm or dangerous weapon.
  268  812.014(2)(c)3.      3rd   Grand theft, 3rd degree $10,000 or more but less than $20,000.
  269  812.014 (2)(c)4.-10.   3rd   Grand theft, 3rd degree; specified items.
  270  812.0195(2)          3rd   Dealing in stolen property by use of the Internet; property stolen $300 or more.
  271  817.505(4)(a)        3rd   Patient brokering.                
  272  817.563(1)           3rd   Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
  273  817.568(2)(a)        3rd   Fraudulent use of personal identification information.
  274  817.625(2)(a)        3rd   Fraudulent use of scanning device, skimming device, or reencoder.
  275  817.625(2)(c)        3rd   Possess, sell, or deliver skimming device.
  276  828.125(1)           2nd   Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
  277  837.02(1)            3rd   Perjury in official proceedings.  
  278  837.021(1)           3rd   Make contradictory statements in official proceedings.
  279  838.022              3rd   Official misconduct.              
  280  839.13(2)(a)         3rd   Falsifying records of an individual in the care and custody of a state agency.
  281  839.13(2)(c)         3rd   Falsifying records of the Department of Children and Families.
  282  843.021              3rd   Possession of a concealed handcuff key by a person in custody.
  283  843.025              3rd   Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
  284  843.15(1)(a)         3rd   Failure to appear while on bail for felony (bond estreature or bond jumping).
  285  847.0135(5)(c)       3rd   Lewd or lascivious exhibition using computer; offender less than 18 years.
  286  874.05(1)(a)         3rd   Encouraging or recruiting another to join a criminal gang.
  287  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).
  288  914.14(2)            3rd   Witnesses accepting bribes.       
  289  914.22(1)            3rd   Force, threaten, etc., witness, victim, or informant.
  290  914.23(2)            3rd   Retaliation against a witness, victim, or informant, no bodily injury.
  291  916.1085(2)(c)1.     3rd   Introduction of specified contraband into certain DCF facilities.
  292  918.12               3rd   Tampering with jurors.            
  293  934.215              3rd   Use of two-way communications device to facilitate commission of a crime.
  294  944.47(1)(a)6.       3rd   Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
  295  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.
  296         Section 6. This act shall take effect October 1, 2020.