Florida Senate - 2018 COMMITTEE AMENDMENT
Bill No. CS for SB 1220
Senate . House
The Committee on Judiciary (Brandes) recommended the following:
1 Senate Substitute for Amendment (350282) (with title
4 Delete line 125
5 and insert:
6 Section 2. Section 951.22, Florida Statutes, is amended to
8 951.22 County detention facilities; contraband articles.—
9 (1) It is unlawful, except through regular channels as duly
10 authorized by the sheriff or officer in charge, to introduce
11 into or possess upon the grounds of any county detention
12 facility as defined in s. 951.23 or to give to or receive from
13 any inmate of any such facility wherever said inmate is located
14 at the time or to take or to attempt to take or send therefrom
15 any of the following articles which are hereby declared to be
for the purposes of this act, to wit: Any written or
18 recorded communication. ;
19 (b) Any currency or coin. ;
20 (c) Any article of food or clothing. ;
21 (d) Any tobacco products as defined in s. 210.25(12). ;
22 (e) Any cigarette as defined in s. 210.01(1). ;
23 (f) Any cigar. ;
24 (g) Any intoxicating beverage or beverage which causes or
25 may cause an intoxicating effect. ;
26 (h) Any narcotic, hypnotic, or excitative drug or drug of
27 any kind or nature, including nasal inhalators, sleeping pills,
28 barbiturates, and controlled substances as defined in s.
29 893.02(4). ;
30 (i) Any firearm or any instrumentality customarily used or
31 which is intended to be used as a dangerous weapon. ; and
32 (j) Any instrumentality of any nature that may be or is
33 intended to be used as an aid in effecting or attempting to
34 effect an escape from a county facility.
35 (k) Any cellular telephone or other portable communication
36 device intentionally and unlawfully introduced inside the secure
37 perimeter of any county detention facility without prior
38 authorization or consent from the sheriff or officer in charge
39 of such detention facility. As used in this paragraph, the term
40 “portable communication device” means any device carried, worn,
41 or stored which is designed or intended to receive or transmit
42 verbal or written messages, access or store data, or connect
43 electronically to the Internet or any other electronic device
44 and which allows communications in any form. Such devices
45 include, but are not limited to, portable two-way pagers,
46 handheld radios, cellular telephones, Blackberry-type devices,
47 personal digital assistants or PDAs, laptop computers, or any
48 components of these devices which are intended to be used to
49 assemble such devices. The term also includes any new technology
50 that is developed for similar purposes. Excluded from this
51 definition is any device having communication capabilities which
52 has been approved or issued by the sheriff or officer in charge
53 for investigative or institutional security purposes or for
54 conducting other official business.
55 (2) A person who Whoever violates paragraph (1)(a), (b),
56 (c), (d), (e), (f), or (g) commits a misdemeanor of the first
57 degree, punishable as provided in s. 775.082 or s. 775.083. A
58 person who violates paragraph (1)(h), (i), (j), or (k) commits
59 subsection (1) shall be guilty of a felony of the third degree,
60 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
61 Section 3. Paragraph (f) of subsection (3) of section
62 921.0022, Florida Statutes, is amended to read:
63 921.0022 Criminal Punishment Code; offense severity ranking
65 (3) OFFENSE SEVERITY RANKING CHART
66 (f) LEVEL 6
68 FloridaStatute FelonyDegree Description
69 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
70 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
71 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
72 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
73 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
74 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
75 775.0875(1) 3rd Taking firearm from law enforcement officer.
76 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
77 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
78 784.041 3rd Felony battery; domestic battery by strangulation.
79 784.048(3) 3rd Aggravated stalking; credible threat.
80 784.048(5) 3rd Aggravated stalking of person under 16.
81 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
82 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
83 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
84 784.081(2) 2nd Aggravated assault on specified official or employee.
85 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
86 784.083(2) 2nd Aggravated assault on code inspector.
87 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
88 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
89 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
90 790.164(1) 2nd False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
91 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
92 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
93 794.05(1) 2nd Unlawful sexual activity with specified minor.
94 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
95 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
96 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
97 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
98 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
99 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
100 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
101 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
102 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
103 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
104 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
105 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
106 825.102(1) 3rd Abuse of an elderly person or disabled adult.
107 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
108 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
109 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
110 827.03(2)(c) 3rd Abuse of a child.
111 827.03(2)(d) 3rd Neglect of a child.
112 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
113 836.05 2nd Threats; extortion.
114 836.10 2nd Written threats to kill or do bodily injury.
115 843.12 3rd Aids or assists person to escape.
116 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
117 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
118 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
119 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
120 944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
121 944.40 2nd Escapes.
122 944.46 3rd Harboring, concealing, aiding escaped prisoners.
123 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
124 951.22(1) 3rd Introduction of contraband into county detention facility Intoxicating drug, firearm, or weapon introduced into county facility.
126 Section 4. This act shall take effect January 1, 2019.
128 ================= T I T L E A M E N D M E N T ================
129 And the title is amended as follows:
130 Delete lines 2 - 21
131 and insert:
132 An act relating to detention facilities; creating s.
133 900.05, F.S.; defining terms and specifying covered
134 offenses; requiring that a custodial interrogation at
135 a place of detention be electronically recorded in its
136 entirety in connection with certain offenses;
137 requiring law enforcement officers who do not comply
138 with the electronic recording requirement or who
139 conduct custodial interrogations at a place other than
140 a place of detention to prepare a specified report;
141 providing exceptions to the electronic recording
142 requirement; requiring a court to consider a law
143 enforcement officer’s failure to comply with the
144 electronic recording requirements in determining the
145 admissibility of a statement unless an exception
146 applies; requiring a court, upon the request of a
147 defendant, to give cautionary instructions to a jury
148 under certain circumstances; providing immunity from
149 civil liability to law enforcement agencies that
150 enforce certain rules; providing that no cause of
151 action is created against a law enforcement officer;
152 amending s. 951.22, F.S.; prohibiting introduction
153 into or possession on the grounds of any county
154 detention facility of any cellular telephone or other
155 portable communication device; defining the term
156 “portable communication device”; providing criminal
157 penalties; amending s. 921.0022, F.S.; conforming
158 provisions to changes made by the act;