Bill Text: FL S1742 | 2019 | Regular Session | Introduced


Bill Title: Correctional Facility Employees

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-05-03 - Died in Judiciary, companion bill(s) passed, see CS/HB 7125 (Ch. 2019-167) [S1742 Detail]

Download: Florida-2019-S1742-Introduced.html
       Florida Senate - 2019                                    SB 1742
       
       
        
       By Senator Gainer
       
       
       
       
       
       2-01319A-19                                           20191742__
    1                        A bill to be entitled                      
    2         An act relating to correctional facility employees;
    3         amending s. 112.3173, F.S.; providing for forfeiture
    4         of retirement benefits of correctional facility
    5         employees who commit certain violations; amending s.
    6         944.47, F.S.; providing enhanced penalties for
    7         offenses involving introduction of contraband in
    8         correctional facilities when committed by correctional
    9         facility employees; providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Paragraph (e) of subsection (2) of section
   14  112.3173, Florida Statutes, is amended to read:
   15         112.3173 Felonies involving breach of public trust and
   16  other specified offenses by public officers and employees;
   17  forfeiture of retirement benefits.—
   18         (2) DEFINITIONS.—As used in this section, unless the
   19  context otherwise requires, the term:
   20         (e) “Specified offense” means:
   21         1. The committing, aiding, or abetting of an embezzlement
   22  of public funds;
   23         2. The committing, aiding, or abetting of any theft by a
   24  public officer or employee from his or her employer;
   25         3. Bribery in connection with the employment of a public
   26  officer or employee;
   27         4. Any felony specified in chapter 838, except ss. 838.15
   28  and 838.16;
   29         5. The committing of an impeachable offense;
   30         6. The committing of any felony by a public officer or
   31  employee who, willfully and with intent to defraud the public or
   32  the public agency for which the public officer or employee acts
   33  or in which he or she is employed of the right to receive the
   34  faithful performance of his or her duty as a public officer or
   35  employee, realizes or obtains, or attempts to realize or obtain,
   36  a profit, gain, or advantage for himself or herself or for some
   37  other person through the use or attempted use of the power,
   38  rights, privileges, duties, or position of his or her public
   39  office or employment position; or
   40         7. The committing on or after October 1, 2008, of any
   41  felony defined in s. 800.04 against a victim younger than 16
   42  years of age, or any felony defined in chapter 794 against a
   43  victim younger than 18 years of age, by a public officer or
   44  employee through the use or attempted use of power, rights,
   45  privileges, duties, or position of his or her public office or
   46  employment position; or
   47         8.The committing on or after October 1, 2019, of any
   48  violation described in s. 944.47(2)(b).
   49         Section 2. Section 944.47, Florida Statutes, is amended to
   50  read:
   51         944.47 Introduction, removal, or possession of contraband
   52  certain articles unlawful; penalty.—
   53         (1)(a) Except through regular channels as authorized by the
   54  officer in charge of the correctional institution, it is
   55  unlawful to introduce into or upon the grounds of any state
   56  correctional institution, or to take or attempt to take or send
   57  or attempt to send therefrom, any of the following articles
   58  which are hereby declared to be contraband for the purposes of
   59  this section, to wit:
   60         1. Any written or recorded communication or any currency or
   61  coin given or transmitted, or intended to be given or
   62  transmitted, to any inmate of any state correctional
   63  institution.
   64         2. Any article of food or clothing given or transmitted, or
   65  intended to be given or transmitted, to any inmate of any state
   66  correctional institution.
   67         3. Any intoxicating beverage or beverage which causes or
   68  may cause an intoxicating effect.
   69         4. Any controlled substance as defined in s. 893.02(4) or
   70  any prescription or nonprescription drug having a hypnotic,
   71  stimulating, or depressing effect.
   72         5. Any firearm or weapon of any kind or any explosive
   73  substance.
   74         6. Any cellular telephone or other portable communication
   75  device intentionally and unlawfully introduced inside the secure
   76  perimeter of any state correctional institution without prior
   77  authorization or consent from the officer in charge of such
   78  correctional institution. As used in this subparagraph, the term
   79  “portable communication device” means any device carried, worn,
   80  or stored which is designed or intended to receive or transmit
   81  verbal or written messages, access or store data, or connect
   82  electronically to the Internet or any other electronic device
   83  and which allows communications in any form. Such devices
   84  include, but are not limited to, portable two-way pagers, hand
   85  held radios, cellular telephones, Blackberry-type devices,
   86  personal digital assistants or PDA’s, laptop computers, or any
   87  components of these devices which are intended to be used to
   88  assemble such devices. The term also includes any new technology
   89  that is developed for similar purposes. Excluded from this
   90  definition is any device having communication capabilities which
   91  has been approved or issued by the department for investigative
   92  or institutional security purposes or for conducting other state
   93  business.
   94         (b) It is unlawful to transmit or attempt to transmit to,
   95  or cause or attempt to cause to be transmitted to or received
   96  by, any inmate of any state correctional institution any article
   97  or thing declared by this subsection to be contraband, at any
   98  place which is outside the grounds of such institution, except
   99  through regular channels as authorized by the officer in charge
  100  of such correctional institution.
  101         (c) It is unlawful for any inmate of any state correctional
  102  institution or any person while upon the grounds of any state
  103  correctional institution to be in actual or constructive
  104  possession of any article or thing declared by this section to
  105  be contraband, except as authorized by the officer in charge of
  106  such correctional institution.
  107         (2)(a) A person who violates any provision of this section
  108  as it pertains to an article of contraband described in
  109  subparagraph (1)(a)1., or subparagraph (1)(a)2., or subparagraph
  110  (1)(a)6. commits a felony of the third degree, punishable as
  111  provided in s. 775.082, s. 775.083, or s. 775.084. Otherwise In
  112  all other cases, a violation of a provision of this section is
  113  constitutes a felony of the second degree, punishable as
  114  provided in s. 775.082, s. 775.083, or s. 775.084.
  115         (b)A violation of this section by an employee, as defined
  116  in s. 944.115(2)(b), who uses or attempts to use the powers,
  117  rights, privileges, duties, or position of his or her employment
  118  in the commission of the violation is ranked one level above the
  119  ranking specified in s. 921.0022 or s. 921.0023 for the offense
  120  committed.
  121         Section 3. This act shall take effect October 1, 2019.

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