Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1220
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Judiciary (Brandes) recommended the following:
    1         Senate Substitute for Amendment (350282) (with title
    2  amendment)
    4         Delete line 125
    5  and insert:
    6         Section 2. Section 951.22, Florida Statutes, is amended to
    7  read:
    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
   16  contraband:
   17         (a)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
   64  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;