Bill Text: FL S1742 | 2019 | Regular Session | Introduced
Bill Title: Correctional Facility Employees
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-05-03 - Died in Judiciary, companion bill(s) passed, see CS/HB 7125 (Ch. 2019-167) [S1742 Detail]
Download: Florida-2019-S1742-Introduced.html
Florida Senate - 2019 SB 1742
By Senator Gainer
2-01319A-19 20191742__
1 A bill to be entitled
2 An act relating to correctional facility employees;
3 amending s. 112.3173, F.S.; providing for forfeiture
4 of retirement benefits of correctional facility
5 employees who commit certain violations; amending s.
6 944.47, F.S.; providing enhanced penalties for
7 offenses involving introduction of contraband in
8 correctional facilities when committed by correctional
9 facility employees; providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Paragraph (e) of subsection (2) of section
14 112.3173, Florida Statutes, is amended to read:
15 112.3173 Felonies involving breach of public trust and
16 other specified offenses by public officers and employees;
17 forfeiture of retirement benefits.—
18 (2) DEFINITIONS.—As used in this section, unless the
19 context otherwise requires, the term:
20 (e) “Specified offense” means:
21 1. The committing, aiding, or abetting of an embezzlement
22 of public funds;
23 2. The committing, aiding, or abetting of any theft by a
24 public officer or employee from his or her employer;
25 3. Bribery in connection with the employment of a public
26 officer or employee;
27 4. Any felony specified in chapter 838, except ss. 838.15
28 and 838.16;
29 5. The committing of an impeachable offense;
30 6. The committing of any felony by a public officer or
31 employee who, willfully and with intent to defraud the public or
32 the public agency for which the public officer or employee acts
33 or in which he or she is employed of the right to receive the
34 faithful performance of his or her duty as a public officer or
35 employee, realizes or obtains, or attempts to realize or obtain,
36 a profit, gain, or advantage for himself or herself or for some
37 other person through the use or attempted use of the power,
38 rights, privileges, duties, or position of his or her public
39 office or employment position; or
40 7. The committing on or after October 1, 2008, of any
41 felony defined in s. 800.04 against a victim younger than 16
42 years of age, or any felony defined in chapter 794 against a
43 victim younger than 18 years of age, by a public officer or
44 employee through the use or attempted use of power, rights,
45 privileges, duties, or position of his or her public office or
46 employment position; or
47 8. The committing on or after October 1, 2019, of any
48 violation described in s. 944.47(2)(b).
49 Section 2. Section 944.47, Florida Statutes, is amended to
50 read:
51 944.47 Introduction, removal, or possession of contraband
52 certain articles unlawful; penalty.—
53 (1)(a) Except through regular channels as authorized by the
54 officer in charge of the correctional institution, it is
55 unlawful to introduce into or upon the grounds of any state
56 correctional institution, or to take or attempt to take or send
57 or attempt to send therefrom, any of the following articles
58 which are hereby declared to be contraband for the purposes of
59 this section, to wit:
60 1. Any written or recorded communication or any currency or
61 coin given or transmitted, or intended to be given or
62 transmitted, to any inmate of any state correctional
63 institution.
64 2. Any article of food or clothing given or transmitted, or
65 intended to be given or transmitted, to any inmate of any state
66 correctional institution.
67 3. Any intoxicating beverage or beverage which causes or
68 may cause an intoxicating effect.
69 4. Any controlled substance as defined in s. 893.02(4) or
70 any prescription or nonprescription drug having a hypnotic,
71 stimulating, or depressing effect.
72 5. Any firearm or weapon of any kind or any explosive
73 substance.
74 6. Any cellular telephone or other portable communication
75 device intentionally and unlawfully introduced inside the secure
76 perimeter of any state correctional institution without prior
77 authorization or consent from the officer in charge of such
78 correctional institution. As used in this subparagraph, the term
79 “portable communication device” means any device carried, worn,
80 or stored which is designed or intended to receive or transmit
81 verbal or written messages, access or store data, or connect
82 electronically to the Internet or any other electronic device
83 and which allows communications in any form. Such devices
84 include, but are not limited to, portable two-way pagers, hand
85 held radios, cellular telephones, Blackberry-type devices,
86 personal digital assistants or PDA’s, laptop computers, or any
87 components of these devices which are intended to be used to
88 assemble such devices. The term also includes any new technology
89 that is developed for similar purposes. Excluded from this
90 definition is any device having communication capabilities which
91 has been approved or issued by the department for investigative
92 or institutional security purposes or for conducting other state
93 business.
94 (b) It is unlawful to transmit or attempt to transmit to,
95 or cause or attempt to cause to be transmitted to or received
96 by, any inmate of any state correctional institution any article
97 or thing declared by this subsection to be contraband, at any
98 place which is outside the grounds of such institution, except
99 through regular channels as authorized by the officer in charge
100 of such correctional institution.
101 (c) It is unlawful for any inmate of any state correctional
102 institution or any person while upon the grounds of any state
103 correctional institution to be in actual or constructive
104 possession of any article or thing declared by this section to
105 be contraband, except as authorized by the officer in charge of
106 such correctional institution.
107 (2)(a) A person who violates any provision of this section
108 as it pertains to an article of contraband described in
109 subparagraph (1)(a)1., or subparagraph (1)(a)2., or subparagraph
110 (1)(a)6. commits a felony of the third degree, punishable as
111 provided in s. 775.082, s. 775.083, or s. 775.084. Otherwise In
112 all other cases, a violation of a provision of this section is
113 constitutes a felony of the second degree, punishable as
114 provided in s. 775.082, s. 775.083, or s. 775.084.
115 (b) A violation of this section by an employee, as defined
116 in s. 944.115(2)(b), who uses or attempts to use the powers,
117 rights, privileges, duties, or position of his or her employment
118 in the commission of the violation is ranked one level above the
119 ranking specified in s. 921.0022 or s. 921.0023 for the offense
120 committed.
121 Section 3. This act shall take effect October 1, 2019.
