Bill Text: FL S1286 | 2020 | Regular Session | Enrolled
Bill Title: Contraband in Specified Facilities
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Passed) 2020-06-22 - Chapter No. 2020-59 [S1286 Detail]
Download: Florida-2020-S1286-Enrolled.html
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;or50 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, orandcontrolled 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),orparagraph (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.