Florida Senate - 2020                                    SB 1286
       
       
        
       By Senator Simmons
       
       
       
       
       
       9-01409-20                                            20201286__
    1                        A bill to be entitled                      
    2         An act relating to contraband in specified facilities;
    3         amending s. 916.1085, F.S.; prohibiting the
    4         introduction of cannabis and certain related
    5         substances into specified facilities of the Department
    6         of Children and Families or of the Agency for Persons
    7         with Disabilities; providing a definition; providing
    8         criminal penalties; amending ss. 944.47 and 951.22,
    9         F.S.; prohibiting the introduction of Cannabis sativa
   10         and certain related substances and vapor-generating
   11         electronic devices into specified detention
   12         facilities; providing a definition; providing criminal
   13         penalties; amending s. 985.711, F.S.; prohibiting the
   14         introduction of Cannabis sativa and certain related
   15         substances, cellular telephones and other portable
   16         communication devices, and vapor-generating electronic
   17         devices into specified juvenile detention facilities
   18         or commitment programs; providing a definition;
   19         providing criminal penalties; amending s. 921.0022,
   20         F.S.; ranking the offense of introducing certain
   21         contraband into specified facilities of the Department
   22         of Children and Families on level 4 of the offense
   23         severity ranking chart; providing an effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Paragraph (a) of subsection (1) and paragraph
   28  (c) of subsection (2) of section 916.1085, Florida Statutes, are
   29  amended to read:
   30         916.1085 Introduction or removal of certain articles
   31  unlawful; penalty.—
   32         (1)(a) Except as authorized by law or as specifically
   33  authorized by the person in charge of a facility, it is unlawful
   34  to introduce into or upon the grounds of any facility under the
   35  supervision or control of the department or agency, or to take
   36  or attempt to take or send therefrom, any of the following
   37  articles, which are declared to be contraband for the purposes
   38  of this section:
   39         1. Any intoxicating beverage or beverage which causes or
   40  may cause an intoxicating effect;
   41         2. Any controlled substance as defined in chapter 893 or
   42  any part of any plant of the genus Cannabis sativa, whether
   43  growing or not; any seeds of the plant; any resin extracted from
   44  any part of the plant; and any compound, manufacture, salt,
   45  derivative, mixture, or preparation containing such substances,
   46  including marijuana as defined in s. 381.986, hemp as defined in
   47  s. 581.217, and industrial hemp as defined in s. 1004.4473;
   48         3. Any firearm or deadly weapon; or
   49         4.Any cellular telephone or other portable communication
   50  device as described in s. 944.47(1)(a)6. As used in this
   51  subparagraph, the term “portable communication device” does not
   52  include any device that has communication capabilities which has
   53  been approved or issued by the sheriff or officer in charge for
   54  investigative or institutional security purposes or for
   55  conducting other official business;
   56         5.Any vapor-generating electronic device as defined in s.
   57  944.47(1)(a)7.; or
   58         6.4. Any other item as determined by the department or the
   59  agency, and as designated by rule or by written institutional
   60  policies, to be hazardous to the welfare of clients or the
   61  operation of the facility.
   62         (2)
   63         (c)1. A person who violates any provision of subparagraph
   64  (1)(a)2. or subparagraph (1)(a)3. commits a felony of the third
   65  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   66  775.084.
   67         2.A person who violates subparagraph (1)(a)4. or
   68  subparagraph (1)(a)5. commits a misdemeanor of the first degree,
   69  punishable as provided in s. 775.082 or s. 775.083.
   70         Section 2. Paragraph (a) of subsection (1) and subsection
   71  (2) of section 944.47, Florida Statutes, are amended to read:
   72         944.47 Introduction, removal, or possession of contraband;
   73  penalty.—
   74         (1)(a) Except through regular channels as authorized by the
   75  officer in charge of the correctional institution, it is
   76  unlawful to introduce into or upon the grounds of any state
   77  correctional institution, or to take or attempt to take or send
   78  or attempt to send therefrom, any of the following articles
   79  which are hereby declared to be contraband for the purposes of
   80  this section, to wit:
   81         1. Any written or recorded communication or any currency or
   82  coin given or transmitted, or intended to be given or
   83  transmitted, to any inmate of any state correctional
   84  institution.
   85         2. Any article of food or clothing given or transmitted, or
   86  intended to be given or transmitted, to any inmate of any state
   87  correctional institution.
   88         3. Any intoxicating beverage or beverage which causes or
   89  may cause an intoxicating effect.
   90         4. Any controlled substance as defined in s. 893.02(4); or
   91  any prescription or nonprescription drug having a hypnotic,
   92  stimulating, or depressing effect; or any part of any plant of
   93  the genus Cannabis sativa, whether growing or not; any seeds of
   94  the plant; any resin extracted from any part of the plant; and
   95  any compound, manufacture, salt, derivative, mixture, or
   96  preparation containing such substances, including marijuana as
   97  defined in s. 381.986, hemp as defined in s. 581.217, and
   98  industrial hemp as defined in s. 1004.4473.
   99         5. Any firearm or weapon of any kind or any explosive
  100  substance.
  101         6. Any cellular telephone or other portable communication
  102  device intentionally and unlawfully introduced inside the secure
  103  perimeter of any state correctional institution without prior
  104  authorization or consent from the officer in charge of such
  105  correctional institution. As used in this subparagraph, the term
  106  “portable communication device” means any device carried, worn,
  107  or stored which is designed or intended to receive or transmit
  108  verbal or written messages, access or store data, or connect
  109  electronically to the Internet or any other electronic device
  110  and which allows communications in any form. Such devices
  111  include, but are not limited to, portable two-way pagers, hand
  112  held radios, cellular telephones, Blackberry-type devices,
  113  personal digital assistants or PDA’s, laptop computers, or any
  114  components of these devices which are intended to be used to
  115  assemble such devices. The term also includes any new technology
  116  that is developed for similar purposes. Excluded from this
  117  definition is any device having communication capabilities which
  118  has been approved or issued by the department for investigative
  119  or institutional security purposes or for conducting other state
  120  business.
  121         7.Any vapor-generating electronic device. As used in this
  122  subparagraph, the term “vapor-generating electronic device”
  123  means any product that employs an electronic, a chemical, or a
  124  mechanical means capable of producing vapor or aerosol from a
  125  nicotine product or any other substance, including, but not
  126  limited to, an electronic cigarette, electronic cigar,
  127  electronic cigarillo, electronic pipe, or other similar device
  128  or product; any replacement cartridge for such device; and any
  129  other container of a solution or other substance intended to be
  130  used with or within such device.
  131         (2)(a) A person who violates this section as it pertains to
  132  an article of contraband described in subparagraph (1)(a)1.,
  133  subparagraph (1)(a)2., or subparagraph (1)(a)6. commits a felony
  134  of the third degree, punishable as provided in s. 775.082, s.
  135  775.083, or s. 775.084. A person who violates this section as it
  136  pertains to an article of contraband described in subparagraph
  137  (1)(a)7. commits a misdemeanor of the first degree, punishable
  138  as provided in s. 775.082 or s. 775.083. Otherwise, a violation
  139  of this section is a felony of the second degree, punishable as
  140  provided in s. 775.082, s. 775.083, or s. 775.084.
  141         (b) A violation of this section by an employee, as defined
  142  in s. 944.115(2)(b), who uses or attempts to use the powers,
  143  rights, privileges, duties, or position of his or her employment
  144  in the commission of the violation is ranked one level above the
  145  ranking specified in s. 921.0022 or s. 921.0023 for the offense
  146  committed.
  147         Section 3. Paragraph (l) is added to subsection (1) of
  148  section 951.22, Florida Statutes, and paragraph (h) of
  149  subsection (1) and subsection (2) of that section are amended,
  150  to read:
  151         951.22 County detention facilities; contraband articles.—
  152         (1) It is unlawful, except through regular channels as duly
  153  authorized by the sheriff or officer in charge, to introduce
  154  into or possess upon the grounds of any county detention
  155  facility as defined in s. 951.23 or to give to or receive from
  156  any inmate of any such facility wherever said inmate is located
  157  at the time or to take or to attempt to take or send therefrom
  158  any of the following articles, which are contraband:
  159         (h) Any narcotic, hypnotic, or excitative drug or drug of
  160  any kind or nature, including nasal inhalators, sleeping pills,
  161  barbiturates, and controlled substances as defined in s.
  162  893.02(4), or any part of any plant of the genus Cannabis
  163  sativa, whether growing or not; any seeds of the plant; any
  164  resin extracted from any part of the plant; and any compound,
  165  manufacture, salt, derivative, mixture, or preparation
  166  containing such substances, including marijuana as defined in s.
  167  381.986, hemp as defined in s. 581.217, and industrial hemp as
  168  defined in s. 1004.4473.
  169         (l)Any vapor-generating electronic device as defined in s.
  170  944.47(1)(a)7.
  171         (2) A person who violates paragraph (1)(a), paragraph
  172  (1)(b), paragraph (1)(c), paragraph (1)(d), paragraph (1)(e),
  173  paragraph (1)(f), or paragraph (1)(g), or paragraph (1)(l)
  174  commits a misdemeanor of the first degree, punishable as
  175  provided in s. 775.082 or s. 775.083. A person who violates
  176  paragraph (1)(h), paragraph (1)(i), paragraph (1)(j), or
  177  paragraph (1)(k) commits a felony of the third degree,
  178  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  179         Section 4. Paragraph (a) of subsection (1) and subsection
  180  (2) of section 985.711, Florida Statutes, are amended to read:
  181         985.711 Introduction, removal, or possession of certain
  182  articles unlawful; penalty.—
  183         (1)(a) Except as authorized through program policy or
  184  operating procedure or as authorized by the facility
  185  superintendent, program director, or manager, a person may not
  186  introduce into or upon the grounds of a juvenile detention
  187  facility or commitment program, or take or send, or attempt to
  188  take or send, from a juvenile detention facility or commitment
  189  program, any of the following articles, which are declared to be
  190  contraband under this section:
  191         1. Any unauthorized article of food or clothing.
  192         2. Any intoxicating beverage or any beverage that causes or
  193  may cause an intoxicating effect.
  194         3. Any controlled substance, as defined in s. 893.02(4);,
  195  or any prescription or nonprescription drug that has a hypnotic,
  196  stimulating, or depressing effect; or any part of any plant of
  197  the genus Cannabis sativa, whether growing or not; any seeds of
  198  the plant; any resin extracted from any part of the plant; and
  199  any compound, manufacture, salt, derivative, mixture, or
  200  preparation containing such substances, including marijuana as
  201  defined in s. 381.986, hemp as defined in s. 581.217, and
  202  industrial hemp as defined in s. 1004.4473.
  203         4. Any firearm or weapon of any kind or any explosive
  204  substance.
  205         5.Any cellular telephone or other portable communication
  206  device as described in s. 944.47(1)(a)6. As used in this
  207  subparagraph, the term “portable communication device” does not
  208  include any device that has communication capabilities which has
  209  been approved or issued by the sheriff or officer in charge for
  210  investigative or institutional security purposes or for
  211  conducting other official business.
  212         6.Any vapor-generating electronic device as defined in s.
  213  944.47(1)(a)7.
  214         (2)(a) Any person who violates this section as it pertains
  215  to an article of contraband described in subparagraph (1)(a)1.
  216  commits a felony of the third degree, punishable as provided in
  217  s. 775.082, s. 775.083, or s. 775.084.
  218         (b)Any person who violates this section as it pertains to
  219  an article of contraband described in subparagraph (1)(a)5. or
  220  subparagraph (1)(a)6. commits a misdemeanor of the first degree,
  221  punishable as provided in s. 775.082 or s. 775.083.
  222  
  223  In all other cases, a person who violates this section commits a
  224  felony of the second degree, punishable as provided in s.
  225  775.082, s. 775.083, or s. 775.084.
  226         Section 5. Paragraph (d) of subsection (3) of section
  227  921.0022, Florida Statutes, is amended to read:
  228         921.0022 Criminal Punishment Code; offense severity ranking
  229  chart.—
  230         (3) OFFENSE SEVERITY RANKING CHART
  231         (d) LEVEL 4
  232  
  233  FloridaStatute    FelonyDegree           Description            
  234  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.
  235  499.0051(1)          3rd   Failure to maintain or deliver transaction history, transaction information, or transaction statements.
  236  499.0051(5)          2nd   Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
  237  517.07(1)            3rd   Failure to register securities.   
  238  517.12(1)            3rd   Failure of dealer, associated person, or issuer of securities to register.
  239  784.07(2)(b)         3rd   Battery of law enforcement officer, firefighter, etc.
  240  784.074(1)(c)        3rd   Battery of sexually violent predators facility staff.
  241  784.075              3rd   Battery on detention or commitment facility staff.
  242  784.078              3rd   Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
  243  784.08(2)(c)         3rd   Battery on a person 65 years of age or older.
  244  784.081(3)           3rd   Battery on specified official or employee.
  245  784.082(3)           3rd   Battery by detained person on visitor or other detainee.
  246  784.083(3)           3rd   Battery on code inspector.        
  247  784.085              3rd   Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
  248  787.03(1)            3rd   Interference with custody; wrongly takes minor from appointed guardian.
  249  787.04(2)            3rd   Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
  250  787.04(3)            3rd   Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
  251  787.07               3rd   Human smuggling.                  
  252  790.115(1)           3rd   Exhibiting firearm or weapon within 1,000 feet of a school.
  253  790.115(2)(b)        3rd   Possessing electric weapon or device, destructive device, or other weapon on school property.
  254  790.115(2)(c)        3rd   Possessing firearm on school property.
  255  800.04(7)(c)         3rd   Lewd or lascivious exhibition; offender less than 18 years.
  256  810.02(4)(a)         3rd   Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
  257  810.02(4)(b)         3rd   Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
  258  810.06               3rd   Burglary; possession of tools.    
  259  810.08(2)(c)         3rd   Trespass on property, armed with firearm or dangerous weapon.
  260  812.014(2)(c)3.      3rd   Grand theft, 3rd degree $10,000 or more but less than $20,000.
  261  812.014 (2)(c)4.-10.   3rd   Grand theft, 3rd degree; specified items.
  262  812.0195(2)          3rd   Dealing in stolen property by use of the Internet; property stolen $300 or more.
  263  817.505(4)(a)        3rd   Patient brokering.                
  264  817.563(1)           3rd   Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
  265  817.568(2)(a)        3rd   Fraudulent use of personal identification information.
  266  817.625(2)(a)        3rd   Fraudulent use of scanning device, skimming device, or reencoder.
  267  817.625(2)(c)        3rd   Possess, sell, or deliver skimming device.
  268  828.125(1)           2nd   Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
  269  837.02(1)            3rd   Perjury in official proceedings.  
  270  837.021(1)           3rd   Make contradictory statements in official proceedings.
  271  838.022              3rd   Official misconduct.              
  272  839.13(2)(a)         3rd   Falsifying records of an individual in the care and custody of a state agency.
  273  839.13(2)(c)         3rd   Falsifying records of the Department of Children and Families.
  274  843.021              3rd   Possession of a concealed handcuff key by a person in custody.
  275  843.025              3rd   Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
  276  843.15(1)(a)         3rd   Failure to appear while on bail for felony (bond estreature or bond jumping).
  277  847.0135(5)(c)       3rd   Lewd or lascivious exhibition using computer; offender less than 18 years.
  278  874.05(1)(a)         3rd   Encouraging or recruiting another to join a criminal gang.
  279  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).
  280  914.14(2)            3rd   Witnesses accepting bribes.       
  281  914.22(1)            3rd   Force, threaten, etc., witness, victim, or informant.
  282  914.23(2)            3rd   Retaliation against a witness, victim, or informant, no bodily injury.
  283  916.1085(2)(c)1.     3rd   Introduction of specified contraband into certain DCF facilities.
  284  918.12               3rd   Tampering with jurors.            
  285  934.215              3rd   Use of two-way communications device to facilitate commission of a crime.
  286  944.47(1)(a)6.       3rd   Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
  287  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.
  288         Section 6. This act shall take effect October 1, 2020.