Title: Contraband in County Detention Facilities

Summary: Prohibits introduction into or possession on grounds of any county detention facility of any cellular telephone or other portable communication device.

Full Text:
An act relating to contraband in county detention facilities; amending s. 951.22, F.S.; prohibiting introduction into or possession on the grounds of any county detention facility of any cellular telephone or other portable communication device; defining the term "portable communication device"; providing criminal penalties; amending s. 921.0022, F.S.; conforming provisions to changes made by the act; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 951.22, Florida Statutes, is amended to read: 951.22 County detention facilities; contraband articles.-(1) It is unlawful, except through regular channels as duly authorized by the sheriff or officer in charge, to introduce into or possess upon the grounds of any county detention facility as defined in s. 951.23 or to give to or receive from any inmate of any such facility wherever said inmate is loc ated at the time or to take or to attempt to take or send therefrom any of the following articles which are hereby declared to be contraband:(a) for the purposes of this act, to wit: Any written or HB 733, Engrossed 2018 recorded communication.; (b) Any currency or coin.; (c) Any article of food or clothing.; (d) Any tobacco products as defined in s. 210.25(12).; (e) Any cigarette as defined in s. 210.01(1).; (f) Any cigar.; (g) Any intoxicating beverage or beverage which causes or may cause an intoxicating effect.; (h) Any narcotic, hypnotic, or excitative drug or drug of any kind or nature, including nasal inhalators, sleeping pills, barbiturates, and controlled substances as defined in s. 893.02(4).; (i) Any firearm or any instrumentality customarily used or which is intended to be used as a dangerous weapon.; and (j) Any instrumentality of any nature that may be or is intended to be used as an aid in effecting or attempting to effect an escape from a county facility. (k) Any cellular telephone or other po rtable communication device intentionally and unlawfully introduced inside the secure perimeter of any county detention facility without prior authorization or consent from the sheriff or the officer in charge of such detention facility. As used in this pa ragraph, the term "portable communication device" means any device carried, worn, or stored which is designed or intended to receive or transmit verbal or written messages, access or store HB 733, Engrossed 2018 data, or connect electronically to the Internet or any other electronic device and which allows communications in any form. Such devices include, but are not limited to, portable two-way pagers, hand-held radios, cellular telephones, Blackberry-type devices, personal digital assistants or PDA's, laptop computers, or any components of these devices which are intended to be used to assemble such devices. The term also includes any new technology that is developed for similar purposes. Excluded from this definition is any device having communication capabilities which has bee napproved or issued by the sheriff or the officer in charge for investigative or institutional security purposes or for conducting other official business. (2) A person who Whoever violates paragraph (1)(a), (b), (c), (d), (e), (f), or (g) commits a mis demeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A person who violates paragraph (1)(h), (i), (j), or (k) commits subsection (1) shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775. 083, or s. 775.084. Section 2. Paragraph (f) of subsection (3) of section 921.0022, Florida Statutes, is amended to read: 921.0022 Criminal Punishment Code; offense severity ranking chart.-(3) OFFENSE SEVERITY RANKING CHART (f) LEVEL HB 733, Engrossed 2018 Florida Statute Felony Degree Description 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury. 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction. 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license. 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement. 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person. 499.0051(4) 2nd Knowing sale or transfer of prescription drug to HB 733, Engrossed 2018 unauthorized person. 775.0875(1) 3rd Taking firearm from law enforcement officer. 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill. 784.021(1)(b) 3rd Aggravated assault; intent to commit felony. 784.041 3rd Felony battery; domestic battery by strangulation. 784.048(3) 3rd Aggravated stalking; credible threat. 784.048(5) 3rd Aggravated stalking of person under 16. 784.07(2)(c) 2nd Aggravated assault on law enforcement officer. 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility HB 733, Engrossed 2018 staff. 784.08(2)(b) 2nd Aggravated assault on a person years of age or older. 784.081(2) 2nd Aggravated assault on specified official or employee. 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee. 784.083(2) 2nd Aggravated assault on code inspector. 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01. 790.115(2)(d) 2nd Discharging firearm or weapon on school property. 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage HB 733, Engrossed 2018 property. 790.164(1) 2nd False report concerning bomb, explosive, weapon of mass destruction, act of ars on or violence to state property, or use of firearms in violent manner. 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles. 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult. 794.05(1) 2nd Unlawful sexual activity with specified minor. 800.04(5)(d) 3rd Lewd or lascivious molestation; victim years of age or older but less than years of age; offender less than years. HB 733, Engrossed 2018 800.04(6)(b) 2nd Lewd or lascivious conduct; offender years of age or older. 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person. 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery. 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense. 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree. 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others. 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or HB 733, Engrossed 2018 subsequent conviction. 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others. 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery). 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones. 817.505(4)(b) 2nd Patient brokering; or more patients. 825.102(1) 3rd Abuse of an elderly person or disabled adult. 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult. 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult. HB 733, Engrossed 2018 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000. 827.03(2)(c) 3rd Abuse of a child. 827.03(2)(d) 3rd Neglect of a child. 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance. 836.05 2nd Threats; extortion. 836.10 2nd Written threats to kill or do bodily injury. 843.12 3rd Aids or assists person to escape. 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors. HB 733, Engrossed 2018 847.012 3rd Knowingly using a minor in the production of materials harmful to minors. 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct. 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury. 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. 944.40 2nd Escapes. 944.46 3rd Harboring, concealing, aiding escaped prisoners. HB 733, Engrossed 2018 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility. 951.22(1) 3rd Introduction of contraband into county detention facility Intoxicating drug, firearm, or weapon introduced into county facility.Section 3. This act shall take effect October 1, 2018.