Florida Senate - 2018                                    SB 1886
       By Senator Brandes
       24-01410-18                                           20181886__
    1                        A bill to be entitled                      
    2         An act relating to contraband in county detention
    3         facilities; amending s. 951.22, F.S.; prohibiting
    4         introduction into or possession on the grounds of any
    5         county detention facility of any cellular telephone or
    6         other portable communication device; defining the term
    7         “portable communication device”; providing criminal
    8         penalties; amending s. 921.0022, F.S.; conforming
    9         provisions to changes made by the act; providing an
   10         effective date.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. Section 951.22, Florida Statutes, is amended to
   15  read:
   16         951.22 County detention facilities; contraband articles.—
   17         (1) It is unlawful, except through regular channels as duly
   18  authorized by the sheriff or officer in charge, to introduce
   19  into or possess upon the grounds of any county detention
   20  facility as defined in s. 951.23 or to give to or receive from
   21  any inmate of any such facility wherever said inmate is located
   22  at the time or to take or to attempt to take or send therefrom
   23  any of the following articles which are hereby declared to be
   24  contraband:
   25         (a)for the purposes of this act, to wit: Any written or
   26  recorded communication.;
   27         (b) Any currency or coin.;
   28         (c) Any article of food or clothing.;
   29         (d) Any tobacco products as defined in s. 210.25(12).;
   30         (e) Any cigarette as defined in s. 210.01(1).;
   31         (f) Any cigar.;
   32         (g) Any intoxicating beverage or beverage which causes or
   33  may cause an intoxicating effect.;
   34         (h) Any narcotic, hypnotic, or excitative drug or drug of
   35  any kind or nature, including nasal inhalators, sleeping pills,
   36  barbiturates, and controlled substances as defined in s.
   37  893.02(4).;
   38         (i) Any firearm or any instrumentality customarily used or
   39  which is intended to be used as a dangerous weapon.; and
   40         (j) Any instrumentality of any nature that may be or is
   41  intended to be used as an aid in effecting or attempting to
   42  effect an escape from a county facility.
   43         (k)Any cellular telephone or other portable communication
   44  device intentionally and unlawfully introduced inside the secure
   45  perimeter of any county detention facility without prior
   46  authorization or consent from the sheriff or officer in charge
   47  of such detention facility. As used in this paragraph, the term
   48  “portable communication device” means any device carried, worn,
   49  or stored which is designed or intended to receive or transmit
   50  verbal or written messages, access or store data, or connect
   51  electronically to the Internet or any other electronic device
   52  and which allows communications in any form. Such devices
   53  include, but are not limited to, portable two-way pagers,
   54  handheld radios, cellular telephones, Blackberry-type devices,
   55  personal digital assistants or PDAs, laptop computers, or any
   56  components of these devices which are intended to be used to
   57  assemble such devices. The term also includes any new technology
   58  that is developed for similar purposes. Excluded from this
   59  definition is any device having communication capabilities which
   60  has been approved or issued by the sheriff or officer in charge
   61  for investigative or institutional security purposes or for
   62  conducting other official business.
   63         (2) A person who Whoever violates subsection (1) commits
   64  shall be guilty of a felony of the third degree, punishable as
   65  provided in s. 775.082, s. 775.083, or s. 775.084.
   66         Section 2. Paragraph (f) of subsection (3) of section
   67  921.0022, Florida Statutes, is amended to read:
   68         921.0022 Criminal Punishment Code; offense severity ranking
   69  chart.—
   71         (f) LEVEL 6
   73  FloridaStatute    FelonyDegree           Description            
   74  316.027(2)(b)        2nd   Leaving the scene of a crash involving serious bodily injury.
   75  316.193(2)(b)        3rd   Felony DUI, 4th or subsequent conviction.
   76  400.9935(4)(c)       2nd   Operating a clinic, or offering services requiring licensure, without a license.
   77  499.0051(2)          2nd   Knowing forgery of transaction history, transaction information, or transaction statement.
   78  499.0051(3)          2nd   Knowing purchase or receipt of prescription drug from unauthorized person.
   79  499.0051(4)          2nd   Knowing sale or transfer of prescription drug to unauthorized person.
   80  775.0875(1)          3rd   Taking firearm from law enforcement officer.
   81  784.021(1)(a)        3rd   Aggravated assault; deadly weapon without intent to kill.
   82  784.021(1)(b)        3rd   Aggravated assault; intent to commit felony.
   83  784.041              3rd   Felony battery; domestic battery by strangulation.
   84  784.048(3)           3rd   Aggravated stalking; credible threat.
   85  784.048(5)           3rd   Aggravated stalking of person under 16.
   86  784.07(2)(c)         2nd   Aggravated assault on law enforcement officer.
   87  784.074(1)(b)        2nd   Aggravated assault on sexually violent predators facility staff.
   88  784.08(2)(b)         2nd   Aggravated assault on a person 65 years of age or older.
   89  784.081(2)           2nd   Aggravated assault on specified official or employee.
   90  784.082(2)           2nd   Aggravated assault by detained person on visitor or other detainee.
   91  784.083(2)           2nd   Aggravated assault on code inspector.
   92  787.02(2)            3rd   False imprisonment; restraining with purpose other than those in s. 787.01.
   93  790.115(2)(d)        2nd   Discharging firearm or weapon on school property.
   94  790.161(2)           2nd   Make, possess, or throw destructive device with intent to do bodily harm or damage property.
   95  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.
   96  790.19               2nd   Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
   97  794.011(8)(a)        3rd   Solicitation of minor to participate in sexual activity by custodial adult.
   98  794.05(1)            2nd   Unlawful sexual activity with specified minor.
   99  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.
  100  800.04(6)(b)         2nd   Lewd or lascivious conduct; offender 18 years of age or older.
  101  806.031(2)           2nd   Arson resulting in great bodily harm to firefighter or any other person.
  102  810.02(3)(c)         2nd   Burglary of occupied structure; unarmed; no assault or battery.
  103  810.145(8)(b)        2nd   Video voyeurism; certain minor victims; 2nd or subsequent offense.
  104  812.014(2)(b)1.      2nd   Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
  105  812.014(6)           2nd   Theft; property stolen $3,000 or more; coordination of others.
  106  812.015(9)(a)        2nd   Retail theft; property stolen $300 or more; second or subsequent conviction.
  107  812.015(9)(b)        2nd   Retail theft; property stolen $3,000 or more; coordination of others.
  108  812.13(2)(c)         2nd   Robbery, no firearm or other weapon (strong-arm robbery).
  109  817.4821(5)          2nd   Possess cloning paraphernalia with intent to create cloned cellular telephones.
  110  817.505(4)(b)        2nd   Patient brokering; 10 or more patients.
  111  825.102(1)           3rd   Abuse of an elderly person or disabled adult.
  112  825.102(3)(c)        3rd   Neglect of an elderly person or disabled adult.
  113  825.1025(3)          3rd   Lewd or lascivious molestation of an elderly person or disabled adult.
  114  825.103(3)(c)        3rd   Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
  115  827.03(2)(c)         3rd   Abuse of a child.                 
  116  827.03(2)(d)         3rd   Neglect of a child.               
  117  827.071(2) & (3)     2nd   Use or induce a child in a sexual performance, or promote or direct such performance.
  118  836.05               2nd   Threats; extortion.               
  119  836.10               2nd   Written threats to kill or do bodily injury.
  120  843.12               3rd   Aids or assists person to escape. 
  121  847.011              3rd   Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
  122  847.012              3rd   Knowingly using a minor in the production of materials harmful to minors.
  123  847.0135(2)          3rd   Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
  124  914.23               2nd   Retaliation against a witness, victim, or informant, with bodily injury.
  125  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.
  126  944.40               2nd   Escapes.                          
  127  944.46               3rd   Harboring, concealing, aiding escaped prisoners.
  128  944.47(1)(a)5.       2nd   Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
  129  951.22(1)            3rd   Introduction of contraband into county detention facility Intoxicating drug, firearm, or weapon introduced into county facility.
  130         Section 3. This act shall take effect October 1, 2018.