916.1085 Introduction or removal of certain articles unlawful; penalty.—
(1)(a) Except as authorized by law or as specifically authorized by the person in charge of a facility, it is unlawful to introduce into or upon the grounds of any facility under the supervision or control of the department or agency, or to take or attempt to take or send therefrom, any of the following articles, which are declared to be contraband for the purposes of this section:
1. Any intoxicating beverage or beverage which causes or may cause an intoxicating effect;
2. Any controlled substance as defined in chapter 893, marijuana as defined in s. 381.986, hemp as defined in s. 581.217, or industrial hemp as defined in s. 1004.4473;
3. Any firearm or deadly weapon;
4. Any cellular telephone or other portable communication device as described in s. 944.47(1)(a)6., intentionally and unlawfully introduced inside the secure perimeter of any forensic facility under the operation and control of the department or agency. As used in this subparagraph, the term “portable communication device” does not include any device that has communication capabilities which has been approved or issued by the person in charge of the forensic facility;
5. Any vapor-generating electronic device as defined in s. 386.203, intentionally and unlawfully introduced inside the secure perimeter of any forensic facility under the operation and control of the department or agency; or
6. Any other item as determined by the department or the agency, and as designated by rule or by written institutional policies, to be hazardous to the welfare of clients or the operation of the facility.
(b) It is unlawful to transmit to, attempt to transmit to, or cause or attempt to cause to be transmitted to or received by any client of any facility under the supervision or control of the department or agency any article or thing declared by this section to be contraband, at any place that is outside of the grounds of such facility, except as authorized by law or as specifically authorized by the person in charge of such facility.
(2)(a) All individuals or vehicles entering upon the grounds of any facility under the supervision or control of the department may be subject to reasonable search and seizure of any contraband materials introduced thereon, for purpose of enforcement of this chapter.
(b) These provisions shall be enforced by institutional security personnel or by a law enforcement officer as defined in s. 943.10.
(c)1. A person who violates any provision of subparagraph (1)(a)2. or subparagraph (1)(a)3. commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
2. A person who violates any provision of subparagraph (1)(a)1., subparagraph (1)(a)4., subparagraph (1)(a)5., or subparagraph (1)(a)6. commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 39, ch. 85-167; s. 9, ch. 98-92; s. 6, ch. 2006-195; s. 1, ch. 2020-59.
