The 2023 Florida Statutes (including Special Session C)
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. . . 2019. 25.20 POSSESSION OF CONTRABAND [IN] [UPON THE GROUNDS OF] A STATE CORRECTIONAL INSTITUTION § 944.47 . . . Give if portable communication device is alleged. § 944.47(1)(a)6, Fla. Stat. . . . Included Offenses POSSESSION OF CONTRABAND [IN] [UPON THE GROUNDS OF] A STATE CORRECTIONAL INSTITUTION - 944.47 . . . 2019. 25.21 [INTRODUCTION] [REMOVAL] OF CONTRABAND [INTO] [FROM] A STATE CORRECTIONAL INSTITUTION § 944.47 . . . Give if portable communication device is alleged. § 944.47(1)(a)(6), Fla. Stat. . . .
. . . 2017. 25.20 POSSESSION OF CONTRABAND [IN] [UPON THE GROUNDS OF] A STATE CORRECTIONAL INSTITUTION § 944.47 . . . Give if portable communication device is alleged. § 944.47(l)(a)6, Fla. Slat. . . . 2017. 25.21 [INTRODUCTION] [REMOVAL] OF CONTRABAND [INTO] [FROM] A STATE CORRECTIONAL INSTITUTION § 944.47 . . . Give if portable communication device is alleged. § 944.47(1) (a) (6), Fla. Siat. . . .
. . . 2016. 25.20 POSSESSION OF CONTRABAND [IN] [UPON THE] GROUNDS OF] A STATE CORRECTIONAL INSTITUTION § 944.47 . . . 2016. 25.21 [INTRODUCTION] [REMOVAL] OF CONTRABAND [INTO] [FROM] A STATE CORRECTIONAL INSTITUTION § 944.47 . . .
. . . believe that Jose Charriez was involved in the introduction of contraband into SCI in violation of § 944.47 . . .
. . . 2014. 25. 20 POSSESSION OF CONTRABAND [IN] [UPON THE] GROUNDS OF A STATE CORRECTIONAL INSTITUTION § 944.47 . . . 2014. 25.21 [INTRODUCTION] [REMOVAL] OF CONTRABAND [INTO] TFROMI A STATE CORRECTIONAL INSTITUTION § 944.47 . . . Included Offenses [INTRODUCTION] [REMOVAL] OF CONTRABAND [INTO] [FROM] A STATE CORRECTIONAL INSTITUTION — 944.47 . . .
. . . was convicted of possession of contraband in a state correctional facility in violation of section 944.47 . . .
. . . Id. at 814 (quoting § 944.47, Fla. Stat. (1981)). . . . looked at the applicable statutory language and concluded that the use of the term “any” in section 944.47 . . .
. . . other crimes, introduction of contraband into a state correctional institution, in violation of section 944.47 . . . Section 944.47 provides multiple, distinct methods to commit the offense of introducing contraband into . . . This language tracks squarely with section 944.47(l)(a). . . . Thus, Terrien was accused of committing the charged offense under section 944.47(l)(a). . . . However, the trial court instructed the jury on both 944.47(l)(a) and (l)(c). . . .
. . . . § 944.47(l)(a). . . . Id. § 944.47(l)(c). . . . Stat. § 944.47(l)(c). . . . Stat. § 944.47(l)(a). E. . . .
. . . .” § 944.47, Fla. Stat. (1981). . . .
. . . See § 944.47(l)(a)(4), Fla. Stat. (1997), and § 775.084(l)(a)3, Fla. Stat. (Supp.1998). . . .
. . . Stat. (1991); § 944.47(l)(a), Fla. Stat. (1991). . . .
. . . See §§ 944.47(2) & 777.04(4)(d), Fla. . . .
. . . Under section 944.47, Florida Statutes (2002), possession of a controlled substance in a state correctional . . . The information recited section 944.47(l)(e) as the applicable statute, but it labeled the offense a . . .
. . . possession by an inmate of “[a]ny firearm or weapon of any kind.” 462 So.2d at 814 (quoting section 944.47 . . . Section 944.47 consistently used “any” before each item listed. . . . So, unlike section 812.041(2)(b), within section 944.47 itself there was no clear expression of legislative . . . Therefore, when the Watts opinion stated that it was “applying the rationale of Grappin to” section 944.47 . . . first-degree felony DUI manslaughter under section 316.193(3)(c)(3)(b), Florida Statutes (2002). . 944.47 . . .
. . . for possession of contraband in a state correctional facility, a second-degree felony under section 944.47 . . .
. . . the charged crime in the present case is possession of contraband in a correctional facility (section 944.47 . . .
. . . The probation order reflected, however, a plea of guilty to a violation of section 944.47, Florida Statutes . . .
. . . Lee was serving a life sentence when he was charged, pursuant to section 944.47, Florida Statutes (1993 . . .
. . . convicted of two counts of possession of contraband in a correctional facility in violation of section 944.47 . . . State, 450 So.2d 480 (Fla.1984), the court concluded that, given the language of section 944.47, only . . . Watt [sic][w]as prosecuted under section 944.47, Florida Statutes (1981), which provides in relevant . . . language prohibiting possession of “any firearm or weapon” in a correctional facility found in section 944.47 . . . Because we are unable to distinguish the relevant language of section 790.23 from that of section 944.47 . . .
. . . In Watts the court considered whether section 944.47 permitted separate convictions for possession of . . . Section 944.47 proscribes the possession of specified things by prison inmates, one of which is defined . . .
. . . , removal, or possession of contraband in a state correctional institution, in violation of section 944.47 . . .
. . . . § 944.47, Fla.Stat. (1993). . . .
. . . . § 944.47(l)(c), Fla.Stat. (1991). . . .
. . . The state appeals two orders granting motions to dismiss an information charging violation of section 944.47 . . . institution, to-wit, currency transmitted to an inmate of the institution, in violation of section 944.47 . . . contraband into a state correctional institution, to-wit, a weapon (box cutter), contrary to section 944.47 . . . Section 944.47(1), Florida Statutes (1989), provides in relevant part: (l)(a) Except through regular . . . The state first seeks reversal of the order dismissing count I on the ground that section 944.47(l)(a . . . Specifically, I believe the issues to be decided by the jury on the charge of violation of section 944.47 . . .
. . . two counts of possession of contraband in a state correctional institution, in violation of Section 944.47 . . .
. . . State, 413 So.2d 23 (Fla.1982) (defendant may challenge only that portion of § 944.47, state prison equivalent . . .
. . . conviction and sentence for two counts of possession of contraband in a state prison in violation of section 944.47 . . .
. . . .” § 944.47, Fla.Stat. (1981). . . .
. . . . §§ 944.47(2) and 944.47(l)(a)5, Fla.Stat. (1989). . . .
. . . category 9 sentencing guideline scoresheet to impose sentence for inmate possession of contraband (section 944.47 . . . constitute violations of Chapter 790 or of section 944.40, and do not include violations of section 944.47 . . .
. . . Pollard was charged with two counts of possession of contraband as an inmate in violation of section 944.47 . . . The First District has clearly held that section 944.47(l)(c) “alternatively applies to inmates in possession . . . State, 529 So.2d 313, 314 (Fla. 1st DCA 1988); § 944.47(1)(c), Fla.Stat. (1987). . . . For the purposes of section 944.47, Florida Statutes (1987), it does not matter whether the inmate was . . .
. . . appellee, as an adult, for introduction of contraband into a correction facility in violation of section 944.47 . . .
. . . . § 944.47, Fla.Stat. (1983). . . .
. . . Tomoka Correctional Institution was not a state correctional institution within the meaning of section 944.47 . . .
. . . Section 944.47(l)(c) provides: It is unlawful for any inmate of any state correctional institution or . . . Wilcott addressed the question of whether someone charged with violation of 944.47(1)(c) was entitled . . .
. . . appellant of introducing into or possessing cannabis upon the grounds of a correctional facility (section 944.47 . . . Tomoka Correctional Institution was not a state correctional institution within the meaning of section 944.47 . . .
. . . conviction after jury trial of inmate possession of a weapon (a pocket knife), in violation of section 944.47 . . . instruction on the basis of his assertion that a pocket knife does not qualify as a weapon under section 944.47 . . .
. . . grounds of a correctional center contraband, without specifying the amount, in violation of section 944.47 . . .
. . . Because of the similarity between sections 951.22 (possession of contraband in a county facility) and 944.47 . . .
. . . The district court rejected this argument, however, ruling that sections 893.13 and 944.47 described . . . Section 944.47, Florida Statutes (1983), provides in pertinent part: (l)(a) Except through regular channels . . . Section 944.47, Florida Statutes (1983), prohibits both the introduction and possession of contraband . . .
. . . State, 395 So.2d 525 (Fla.1981), the supreme court upheld similar language in section 944.47, Florida . . . The supreme court held that section 944.47 is not an unreasonable or unlawful delegation of legislative . . .
. . . Section 944.47, Florida Statutes, provides as follows, in pertinent part: (1) (a) Except through regular . . .
. . . for the crime of entering contraband (marijuana) into a correction facility in violation of section 944.47 . . .
. . . . §§ 784.07, 843.01, and 944.47, Fla.Stat. (1981). . . .
. . . . sentence for possession of contraband in a state correctional institution in violation of Section 944.47 . . . .2d 293 (Fla. 1st DCA 1984) (held that self-defense may be a viable defense to a charge under Section 944.47 . . .
. . . . § 944.47(l)(c), Fla.Stat. (1985). . . . We therefore quash the conviction under section 893.13(l)(e) and affirm the conviction under section 944.47 . . . DAUKSCH, J., concurs specially with opinion. . § 944.47(l)(c) & § 944.47(l)(a), Fla.Stat. (1985): Count . . . through an apparent clerical error, states that Henry was convicted of both "Introduction of Contraband 944.47 . . . (a)(4)” [sic] and possession, 944.47(l)(c). . . . . § 944.47(l)(c), which provides: (c) It is unlawful for any inmate of any state correctional institution . . . This charge does not allege a violation of § 944.47(l)(a)(4) even though the charging document, with . . .
. . . However, we remand the cause for correction of the final judgment to reflect a violation of section 944.47 . . . See section 944.47(2), Fla.Stat. (Supp.1984). MILLS and NIMMONS, JJ., concur. . . .
. . . Watts, 462 So.2d 813 (Fla. 1985) (use of word “any” in section 944.47 regarding possession of firearms . . .
. . . possession of cocaine upon the grounds of a state correctional institution, in violation of section 944.47 . . . possession of cocaine upon the grounds of a state correctional institution, in violation of section 944.47 . . . defense counsel moved for a judgment of acquittal on the possession of cocaine charge under section 944.47 . . . contained within the elements of the possession of contraband offense within a prison under section 944.47 . . . )(e) is reversed and this cause is remanded for a new trial on the charge filed pursuant to section 944.47 . . .
. . . . § 944.47(1)(a), and (1)(c). See, Response to Order to Show Cause, Docket # 5, Appendix A. . . . The Statute under which the Defendant was charged, tried and convicted, Section 944.47(l)(a), (l)(c) . . . The statute under which petitioner was convicted, Section 944.47(l)(a), (l)(c) Fla.Stat. is constitutionally . . .
. . . of a law enforcement officer, and resisting an officer with violence, Sections 784.07, 843.01, and 944.47 . . .
. . . introducing or possessing upon the grounds of a correctional center contraband, in violation of section 944.47 . . . dealing with introduction of contraband into a county jail, and we are here concerned with section 944.47 . . . Section 944.47 reads in relevant part: (l)(a) Except through regular channels as authorized by the officer . . . The prosecution is not so burdened, however, in pursuing a conviction under section 944.47. . . . In its simplicity, section 944.47 clearly reveals the legislature’s intent to prohibit the possession . . .
. . . case (§ 831.09, FIa.Stat.) refers to "any” altered note or “any” bill or note as did the statute (§ 944.47 . . .
. . . prosecution of the defendant for possession of contraband in a state correctional institution under Section 944.47 . . .
. . . Watt has prosecuted under section 944.47, Florida Statutes (1981), which provides in relevant part: ( . . .
. . . counts of introducing into, or possessing a contraband weapon in, the prisión, in violation of section 944.47 . . .
. . . The State ultimately charged DeFriest with two counts of inmate possession of contraband (Section 944.47 . . . Second, even if the definition of “explosive” in Section 790.001(5) does apply to Section 944.47, it . . . logical reason for excluding those items from “explosive substance” as that term is used in Section 944.47 . . . DeFriest gives no reason why these definitions are less applicable to Section 944.47 than the definition . . . used cartridge shells are not explosive substances for purposes of prosecution pursuant to Section 944.47 . . .
. . . Mungin appeals his conviction of inmate possession of a weapon in violation of Section 944.47(l)(c), . . . into the prison system the knife in question, we consider that the Carter interpretation of section 944.47 . . . We do not consider, however, that section 944.47(l)(c) dispossesses an inmate’s right to defend himself . . . Section 944.47(l)(a)5 and (c), Fla.Stat. provides: (l)(a) Except through regular channels as authorized . . . previously stated, was only tried on a charge of inmate possession of a weapon, as proscribed by Section 944.47 . . . Carter and Dardy opinions so hold, we recede from them, adhering to our original opinion that section 944.47 . . .
. . . In a recent case involving another statute, Section 944.47, Florida Statutes (1981) (possession of contraband . . . possessing, or attempting to take from the institution a contraband weapon in violation of Section 944.47 . . . Instead of relying upon the “a/any” test of Grappin and the reference in Section 944.47 to “any firearm . . . Section 944.47(l)(a), (c), Florida Statutes (1981). . . .
. . . We also disagree with appellant's contention that the changes in the substantive statute, Section 944.47 . . . conspiracy occurred both before and after the effective date of the statutory amendment to Section 944.47 . . .
. . . Section 944.47(l)(c), Florida Statutes (1981), states: It is unlawful for any inmate of any state correctional . . . One of the things declared to be contraband by Section 944.47 is a “weapon of any kind _” Section 944.47 . . . Appellant argues that one of the elements of section 944.47(l)(c), which must be proven by the State, . . . The exception contained in section 944.47(l)(c) is analogous to the exception contained in section 790.221 . . . officer in charge of the correctional institution is an affirmative defense to a charge under section 944.47 . . .
. . . introducing into, or possessing, or attempting to take from the institution a contraband weapon, sec. 944.47 . . . possession of two prisonmade knives, are unambiguously founded upon the same criminal statute, section 944.47 . . . 775.021(4) cannot control whether Watts’ conduct should be considered twice a violation of section 944.47 . . . Grappin, 427 So.2d 760, 761, n. 3 (Fla. 2d DCA 1982), is whether the substantive statute, section 944.47 . . . The legislature enacted no similar quantity-conscious element in the conduct proscribed by section 944.47 . . .
. . . appellant to be guilty of a violation of section 944.43, Florida Statutes (1981), rather than section 944.47 . . .
. . . introducing into or upon the grounds of a correctional institution contraband, in violation of Section 944.47 . . .
. . . subsequent sentence for the crime of introducing contraband into a state facility in violation of section 944.47 . . . possession of the marijuana, fell within the purview of the acts prohibited in the 1979 version of section 944.47 . . . The then section 944.47(l)(a) read in part: It is unlawful to introduce into or upon the grounds of any . . . satisfy the state’s burden of proving even a prima facie case that violated the 1979 version of section 944.47 . . . GRIMES, A.C.J. and NELSON, WILLIAM J., Associate Judge, concur. . 944.47(l)(c), Florida Statutes (1981 . . .
. . . 1263 (Fla. 1st DCA 1982) (crime of introduction of contraband into a state correctional facility (§ 944.47 . . .
. . . By direct appeal appellant challenges the constitutionality of section 944.47, Florida Statutes (Supp . . . State, 395 So.2d 525 (Fla.1981), we agree and again uphold the constitutionality of section 944.47 and . . . Thus, appellant’s only remaining constitutional challenge is that section 944.47 is vague as applied . . . He was convicted, pursuant to section 944.47, Florida Statutes (Supp.1978), of introducing contraband . . . Section 944.47 is not unconstitutionally vague as applied to Greenway and so we affirm his conviction . . .
. . . basis that the trial court erred in denying her motion to dismiss the charge that she violated section 944.47 . . . Florida Constitution (1972), because the trial court upheld the constitutional validity of section 944.47 . . . denied the motion to suppress since the search and seizure was not illegal, and we hold that section 944.47 . . . Furthermore, she has no standing to challenge section 944.47 as overbroad. Clark v. . . . We have previously held that section 944.47 is not an unlawful delegation of legislative powers. . . . Section 944.47, Florida Statutes (1978), allows prison administrators wide discretion to detect contraband . . .
. . . , Fla.Stat. (1975), and with its introduction into a correctional facility under another statute, § 944.47 . . .
. . . Section 944.47, Florida Statutes (1979). . . .
. . . She was convicted of introducing contraband into a correctional facility, proscribed by Section 944.47 . . .
. . . reserved the right to appeal denial of the motion to dismiss, attacking the constitutionality of section 944.47 . . . Appellant argues that the trial court should have dismissed this case because section 944.47 is unconstitutionally . . . Section 944.47, Florida Statutes, is not overbroad as applied to appellant, so he cannot challenge it . . . For these reasons, appellant does not have standing to challenge section 944.47 as overbroad. . . . Section 944.47 is not an unreasonable or unlawful delegation of legislative power to the executive branch . . .
. . . for possession of marijuana under section 893.13 did not bar his subsequent prosecution under section 944.47 . . .
. . . conviction for unlawfully bringing cannabis upon the grounds of a penal institution in violation of Section 944.47 . . . Defendant’s prior conviction under Section 893.13 does not bar a subsequent prosecution under Section 944.47 . . .
. . . . § 944.47, F.S.A. was legally insufficient because the Big Pine Key Road Camp was not identified as . . .