The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 951
COUNTY AND MUNICIPAL PRISONERS

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F.S. 951.22

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 located at the time or to take or to attempt to take or send therefrom any of the following articles, which are contraband:

(a) Any written or recorded communication. This paragraph does not apply to any document or correspondence exchanged between a lawyer, paralegal, or other legal staff and an inmate at a detention facility if the document or correspondence is otherwise lawfully possessed and disseminated and relates to the legal representation of the inmate.

(b) Any currency or coin.

(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 that 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, marijuana as defined in s. 381.986, hemp as defined in s. 581.217, industrial hemp as defined in s. 1004.4473, or 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.

(j) Any instrumentality of any nature which 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 portable communication device as described in s. 944.47(1)(a)6., intentionally and unlawfully introduced inside the secure perimeter of any county detention facility. The term does not include any device that has communication capabilities which has been approved or issued by the sheriff or officer in charge for investigative or institutional security purposes or for conducting other official business.

(l) Any vapor-generating electronic device as defined in s. 386.203, intentionally and unlawfully introduced inside the secure perimeter of any county detention facility.

(2) A person who violates paragraph (1)(a), paragraph (1)(b), paragraph (1)(c), paragraph (1)(d), paragraph (1)(e), paragraph (1)(f), paragraph (1)(g), or paragraph (1)(l) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A person who violates paragraph (1)(h), paragraph (1)(i), paragraph (1)(j), or paragraph (1)(k) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.—s. 1, ch. 63-140; s. 1182, ch. 71-136; s. 180, ch. 71-355; s. 33, ch. 74-112; s. 1, ch. 78-41; s. 78, ch. 87-226; s. 6, ch. 91-225; s. 4, ch. 94-149; s. 32, ch. 2016-145; s. 23, ch. 2016-220; s. 66, ch. 2019-167; s. 3, ch. 2020-59.

F.S. 951.22 on Google Scholar

F.S. 951.22 on Casetext

Amendments to 951.22

Arrestable Offenses / Crimes under Fla. Stat. 951.22

Level: Degree
Misdemeanor/Felony: First/Second/Third

S951.22 1 - SMUGGLE CONTRABAND - RENUMBERED. SEE REC # 8796 - F: T

S951.22 1a - SMUGGLE CONTRABAND - INTRO WRITTEN RECORDED COMM IN CNTY DETN FACIL - M: F

S951.22 1b - SMUGGLE CONTRABAND - ANY CURRENCY COIN COUNTY DETENTION FACILITY - M: F

S951.22 1c - SMUGGLE CONTRABAND - ANY ARTICLE FOOD CLOTHING COUNTY DETENT FACIL - M: F

S951.22 1d - SMUGGLE CONTRABAND - ANY TOBACCO PRODUCTS COUNTY DETENTION FACILITY - M: F

S951.22 1e - SMUGGLE CONTRABAND - ANY CIGARETTE COUNTY DETENTION FACILITY - M: F

S951.22 1f - SMUGGLE CONTRABAND - ANY CIGARS DETENTION FACILITY - M: F

S951.22 1g - SMUGGLE CONTRABAND - ANY INTOXICATING BEV COUNTY DETENTION FACILITY - M: F

S951.22 1h - SMUGGLE CONTRABAND - NARCOTIC HYPNOTIC EXCITATIVE DRUG CO DET FACIL - F: T

S951.22 1h - SMUGGLE CONTRABAND - MARIJUANA COUNTY DETENTION FACILITY - F: T

S951.22 1h - SMUGGLE CONTRABAND - HEMP COUNTY DETENTION FACILITY - F: T

S951.22 1h - SMUGGLE CONTRABAND - INDUSTRIAL HEMP COUNTY DETENTION FACILITY - F: T

S951.22 1h - SMUGGLE CONTRABAND - OTHER DRUG 951.22(1)(h) CO DETENTION FACILITY - F: T

S951.22 1h - SMUGGLE CONTRABAND - BARBITURATE COUNTY DETENTION FACILITY - F: T

S951.22 1h - SMUGGLE CONTRABAND - CTRL SUB s.893.02(4) COUNTY DETENTION FACILITY - F: T

S951.22 1i - SMUGGLE CONTRABAND - ANY FIREARM DANGEROUS WEAPON CO DETNTION FACIL - F: T

S951.22 1j - SMUGGLE CONTRABAND - ANY INSTRUMENT AID IN EFF ESCAPE CO DETN FACIL - F: T

S951.22 1k - SMUGGLE CONTRABAND - CELL PHONE PORTABLE COMM DEVICE CO DETN FACIL - F: T

S951.22 1l - SMUGGLE CONTRABAND - INTRO VAPOR-GENERATE E-DEVICE CO DET FACILITY - M: F

Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 272 So. 3d 243 (Fla. 2019)

. . . 191 So.3d 291], and 2017 [216 So.3d 497], and 2019. 25.17 CONTRABAND IN COUNTY DETENTION FACILITY § 951.22 . . . Lesser Included Offenses CONTRABAND IN COUNTY DETENTION FACILITIES - 951.22 CATEGORY ONE CATEGORY TWO . . .

DIAZ, v. STATE, 272 So. 3d 482 (Fla. App. Ct. 2019)

. . . Diaz was charged with violating section 951.22(1) of Florida Statutes, which prohibits the smuggling . . . But, while section 951.22(1) prohibits possession of controlled substances as defined in s. 893.02(4) . . . In full, section 951.22(1) provides: It is unlawful, except through regular channels as duly authorized . . . Diaz claims that if section 951.22(1)'s prohibition on contraband in detention facilities is construed . . . Under this standard, section 951.22 is not vague. . . .

PALMER, v. STATE, 240 So. 3d 824 (Fla. App. Ct. 2018)

. . . a defendant is convicted of both introduction of contraband into a detention facility under section 951.22 . . .

DENO, DOC v. STATE, 230 So. 3d 611 (Fla. Dist. Ct. App. 2017)

. . . See § 951.22, Fla. Stat. (2014). . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 216 So. 3d 497 (Fla. 2017)

. . . 153 So. 3d 1921. and 2016 [91 So. 3d 2911. and 2017. 25.17 CONTRABAND IN COUNTY DETENTION FACILITY §951.22 . . .

MARTIN, v. STATE, 205 So. 3d 811 (Fla. Dist. Ct. App. 2016)

. . . . § 951.22, Fla. Stat. (2011). The State alleged that Mr. . . .

VALDEZ, Jr. v. STATE, 189 So. 3d 1050 (Fla. Dist. Ct. App. 2016)

. . . See §§ 898.13(6)(b), 893.147(1), 951.22(1), Fla. Stat. (2018). We have jurisdiction. See Fla. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 191 So. 3d 291 (Fla. 2016)

. . . [969 So.2d 245] and 2014 [153 So.3d 192] and 2016. 25.17 CONTRABAND IN COUNTY DETENTION FACILITY § 951.22 . . .

J. J. v. STATE, 181 So. 3d 522 (Fla. Dist. Ct. App. 2015)

. . . Florida Statutes (2013), and introduction of a firearm into a detention facility in violation of section 951.22 . . . Under section 951.22(1), “[i]t is unlawful, except through regular channels as duly authorized by the . . . first, argument that the JAC does not qualify as a “county detention facility” for purposes of section 951.22 . . .

ARCHIE, v. STATE, 176 So. 3d 364 (Fla. Dist. Ct. App. 2015)

. . . crime since the statute prohibiting the introduction of contraband into a county detention facility (§ 951.22 . . . 801 So.2d 1032, 1035 (Fla. 5th DCA 2001) (reversing conviction for nonexistent crime under section 951.22 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 153 So. 3d 192 (Fla. 2014)

. . . 1981 and amended in 2007 [969 So.2d 245] and 2014. 25.17 CONTRABAND IN COUNTY DETENTION FACILITY § 951.22 . . .

BROWN, v. STATE, 150 So. 3d 281 (Fla. Dist. Ct. App. 2014)

. . . On direct appeal, Anthony Bernard Brown argues for reversal of his conviction for violating section 951.22 . . . Violation of section 951.22, Florida Statutes, is a third-degree felony, § 951.22(2), Fla. . . . Section 951.22(1) does not differentiate between possession of contraband and its introduction insofar . . . Oxx, 417 So.2d 287, 290-91 (Fla. 5th DCA 1982) (holding the trial court had erred in holding section 951.22 . . . Section 951.22(1), Florida Statutes (2012), provides that it is unlawful "to introduce into or possess . . .

GRIFFIN, v. STATE, 69 So. 3d 344 (Fla. Dist. Ct. App. 2011)

. . . Section 951.22(1), Florida Statutes, provides that “[i]t is unlawful ... to introduce into or possess . . . substances.... ” Thus, where a defendant is convicted of both simple possession and a violation of section 951.22 . . . be determined which conduct-introduction or possession-is the basis for the conviction under section 951.22 . . . instructions and jury form when a defendant is charged under an alternative conduct statute, such as section 951.22 . . .

BRYANT, v. STATE, 963 So. 2d 930 (Fla. Dist. Ct. App. 2007)

. . . . § 951.22, Fla. Stat. (2005). . . .

HARRIS, v. STATE, 959 So. 2d 794 (Fla. Dist. Ct. App. 2007)

. . . . § 951.22, Fla. . . .

G. BILLIAS, v. STATE, 924 So. 2d 917 (Fla. Dist. Ct. App. 2006)

. . . Billias was convicted of introducing contraband into a county detention facility in violation of section 951.22 . . .

ARMSTRONG, v. STATE, 896 So. 2d 866 (Fla. Dist. Ct. App. 2005)

. . . . § 951.22, Fla. Stat. (2003). . § 322.34, Fk. Stat. (2003). . . .

DORSEY, v. STATE, 893 So. 2d 659 (Fla. Dist. Ct. App. 2005)

. . . originally charged with introduction of contraband into a county detention facility, contrary to section 951.22 . . . State, 801 So.2d 1032, 1035 (Fla. 5th DCA 2001), the fifth district held that section “951.22(1) does . . .

JOHNSON, v. STATE, 873 So. 2d 478 (Fla. Dist. Ct. App. 2004)

. . . But under section 951.22, Florida Statutes (2002), possession of a controlled substance in a county detention . . . judgment to reflect a conviction for possession of contraband in a county detention facility under section 951.22 . . .

DESIRE, v. STATE, 829 So. 2d 948 (Fla. Dist. Ct. App. 2002)

. . . or possession of contraband on the grounds of a county detention facility, in violation of section 951.22 . . . In arriving at this result, we turn to the supreme court’s construction of section 951.22, Florida Statutes . . . First, we point out that section 951.22, Florida Statutes, is what we have found to be an alternative . . . instructions and jury form when a defendant is charged under an alternative conduct statute, such as section 951.22 . . .

MILLER, v. STATE, 821 So. 2d 322 (Fla. Dist. Ct. App. 2002)

. . . Kimberly Miller appeals her conviction under section 951.22, Florida Statutes (2000), and her five-year . . .

T. MANNA, v. STATE, 803 So. 2d 866 (Fla. Dist. Ct. App. 2002)

. . . person and brought it into the jail, he would face additional criminal charges pursuant to section 951.22 . . .

M. JORDAN, v. STATE, 801 So. 2d 1032 (Fla. Dist. Ct. App. 2001)

. . . Section 951.22, entitled “County detention facilities; contraband articles,” makes it a third degree . . . (1) asserted that Jordan did, in violation of Florida Statute 951.22(1), unlawfully, without going through . . . on the fact that drug paraphernalia is not specifically included in the list of items that section 951.22 . . . We conclude, pursuant to the basic tenets of statutory construction we must apply to section 951.22, . . . We conclude that since section 951.22(1) does not make the act of introducing drug paraphernalia into . . .

STANDARD JURY INSTRUCTIONS- CRIMINAL CASES, 765 So. 2d 692 (Fla. 2000)

. . . See § 951.22(1), Fla. Stat. (1997). . . . .

CUEVAS, v. STATE, 741 So. 2d 1234 (Fla. Dist. Ct. App. 1999)

. . . Connelly was charged under section 951.22 which creates certain crimes relating to contraband articles . . .

STATE v. J. CONNELLY,, 748 So. 2d 248 (Fla. 1999)

. . . of possession or introduction of cocaine into a detention facility under sections 893.13(6)(a) and 951.22 . . . First, we point out that section 951.22, Florida Statutes, is what we have found to be an alternative . . . Count I only as to “introducing,” but not as to the alternative conduct of “possessing” under section 951.22 . . . Count I was based upon an alleged violation of section 951.22, Florida Statutes (1995), an alternative . . .

HANNA, v. STATE, 738 So. 2d 355 (Fla. Dist. Ct. App. 1999)

. . . In that case, defendant-appellant Hanna was charged with a violation of section.951.22, Florida Statutes . . . revocation of probation, a judgment was entered reflecting that the offense at conviction was section 951.22 . . .

STATE v. BENDT,, 711 So. 2d 1244 (Fla. Dist. Ct. App. 1998)

. . . Fifth Amendment to the United States Constitution precluded application of the introduction statute, § 951.22 . . .

UNITED STATES v. M. JEREZ M., 108 F.3d 684 (7th Cir. 1997)

. . . . § 951.22 (West 1995). The deputies, based on a reasonable belief that Mr. . . . . § 951.22 (West 1995). . . . .

GIBBS, v. STATE, 676 So. 2d 1001 (Fla. Dist. Ct. App. 1996)

. . . conviction under both section 893.13(1), Florida Statutes, possession of controlled substance, and section 951.22 . . .

J. BROWN, v. STATE, 675 So. 2d 219 (Fla. Dist. Ct. App. 1996)

. . . was convicted of introduction of contraband into a county detention facility, a violation of section 951.22 . . . Violations of section 951.22 are not included within section 893.16’s provisions. . . .

TURNER, v. STATE, 661 So. 2d 93 (Fla. Dist. Ct. App. 1995)

. . . The only distinction between the two offenses charged was the additional element of proof for section 951.22 . . . and sentence for possession or introduction of cocaine in a detention facility pursuant to section 951.22 . . . GRIFFIN, J., dissents with opinion. . §§ 893.13(6)(a), 893.03(2)(a)4, Fla.Stat. (1993). . § 951.22(1) . . .

STATE v. REUTTER,, 644 So. 2d 564 (Fla. Dist. Ct. App. 1994)

. . . later when he left the county jail to begin serving his sentence, he was treated pursuant to section 951.22 . . .

ROZIER, v. STATE, 620 So. 2d 194 (Fla. Dist. Ct. App. 1993)

. . . 893.13(l)(f), Florida Statutes, with possession of cocaine, a third degree felony, and under section 951.22 . . . the other count, with possession of contraband in a county detention facility, contrary to section 951.22 . . . The conduct proscribed by section 951.22 is the unauthorized possession of contraband, including any . . . which appellant was charged is the additional element of proof required to prove a violation of section 951.22 . . . Any person who violates this provision is guilty of a felony of the third degree, ... . § 951.22, Fla.Stat . . .

STATE v. FLEMING,, 606 So. 2d 1229 (Fla. Dist. Ct. App. 1992)

. . . reporter refused to surrender the papers and was later arrested and charged with violation of section 951.22 . . . find nothing at all in the appellee’s contention that there is anything vague about the portion of 951.22 . . . Section 951.22, Florida Statutes, is similar to the statute at issue with the exception that it applies . . . Section 951.22 provides, in relevant part: (1) It is unlawful, except through regular channels as duly . . .

L. SHIVERS, v. STATE, 593 So. 2d 318 (Fla. Dist. Ct. App. 1992)

. . . . § 951.22, Fla.Stat. (1989). . . . .

STATE v. OLSON,, 586 So. 2d 1239 (Fla. Dist. Ct. App. 1991)

. . . The state appeals from a final order dismissing a prosecution for a violation of section 951.22 on the . . . possess, written communications, an article or thing declared to be contraband, contrary to Section 951.22 . . . .2d 23 (Fla.1982) (defendant may challenge only that portion of § 944.47, state prison equivalent of 951.22 . . . Since, therefore, the pertinent clauses of § 951.22 simply cannot be read to prohibit anything at all . . . The statute as a whole provides: 951.22 County detention facilities; contraband articles.— (1) It is . . .

STATE OF FLORIDA v. OLSON, 35 Fla. Supp. 2d 113 (Fla. Cir. Ct. 1989)

. . . of Contraband at a County Detention Facility asserting that this criminal statute (Florida Statute § 951.22 . . . submissions of the parties, and conducting independent research, the Court finds that Florida Statute § 951.22 . . . Florida Statute § 951.22 provides: “(1) It is unlawful, except through regular channels as duly authorized . . . S. § 951.22. . . . S. §951.22 with possession of written communication or with passing written communication to the Defendant . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES, 543 So. 2d 1205 (Fla. 1989)

. . . Bringing methaqualone into state — 893.13(l)(d) Possession of methaqual-one — 893.13(l)(e)(f] Contraband — 951.22 . . . EXHIBIT 14 CONTRABAND IN COUNTY DETENTION FACILITY F.S. 951.22 Before you can find the defendant guilty . . .

COOPER, v. STATE, 512 So. 2d 1071 (Fla. Dist. Ct. App. 1987)

. . . rule and prior law, the statutory offense of possession of contraband in a detention facility (Section 951.22 . . . convicted of possession of contraband articles in a county detention facility in violation of Section 951.22 . . .

COLSTON, v. STATE, 510 So. 2d 1173 (Fla. Dist. Ct. App. 1987)

. . . , judgment of guilt for possession of contraband in a county detention facility contrary to section 951.22 . . . Because of the similarity between sections 951.22 (possession of contraband in a county facility) and . . .

THE FLORIDA BAR RE STANDARD JURY INSTRUCTIONS- CRIMINAL, 508 So. 2d 1221 (Fla. 1987)

. . . .-04; (8) A. .. new instruction: CONTRABAND IN COUNTY DETENTION FACILITY, F.S. 951.22; (9) A new instruction . . . CONTRABAND IN COUNTY DETENTION FACILITY (F.S. 951.22) Before you can find the defendant guilty of the . . .

STATE v. A. HARDEE, 504 So. 2d 33 (Fla. Dist. Ct. App. 1987)

. . . or possessing upon the grounds of the Madison County jail a contraband article as defined in section 951.22 . . . In the order, the trial court found that “[i]n its application,” section 951.22 is both vague and overbroad . . . Initially, we reverse the trial court’s holding that section 951.22 is an invalid delegation of legislative . . . Accordingly, on the basis that section 951.22 is unconstitutionally vague and, “in a colloquial sense . . .

WILCOTT, v. STATE, 472 So. 2d 1389 (Fla. Dist. Ct. App. 1985)

. . . Apart from the fact that Dees involved a violation of section 951.22, Florida Statutes, dealing with . . .

TESSIER, v. STATE, 462 So. 2d 123 (Fla. Dist. Ct. App. 1985)

. . . controlled substance into or upon the grounds of a county detention facility, a violation of section 951.22 . . . contained within the elements of the introduction or possession of contraband offense under section 951.22 . . . Section 951.22 proscribes the introduction or possession of contraband into a county detention facility . . .

STATE v. OXX,, 417 So. 2d 287 (Fla. Dist. Ct. App. 1982)

. . . This case involves the claim that section 951.22, Florida Statutes, which makes it unlawful to introduce . . . into, or possessing marijuana upon, the grounds of that institution in violation of Florida Statute 951.22 . . . a 3.190(c)(4) motion directed to the facts, and a motion attacking the constitutionality of section 951.22 . . . The trial court dismissed the amended information, specifically finding section 951.22 unconstitutional . . . In the instant case, section 951.22 provides in part: 951.22 County detention facilities; contraband . . .

DELMARCO, Jr. v. STATE, 406 So. 2d 1169 (Fla. Dist. Ct. App. 1981)

. . . . § 951.22 Fla.Stat. . . .

McCLISH, v. STATE, 404 So. 2d 144 (Fla. Dist. Ct. App. 1981)

. . . Appellant’s contention that section 951.22(1), Florida Statutes (1979) under which he was charged because . . . UP-CHURCH, Jr., JJ., concur. . § 951.22(1), Florida Statutes (1979) provides: It is unlawful except through . . .

DEES, v. STATE, 397 So. 2d 1145 (Fla. Dist. Ct. App. 1981)

. . . possessing the same marijuana on the grounds of a county detention facility, a felony under section 951.22 . . .

ADAMS, v. STATE, 387 So. 2d 498 (Fla. Dist. Ct. App. 1980)

. . . Section 951.22(1), Fla.Stat. (1979). . . .

STATE v. ASHCRAFT,, 378 So. 2d 284 (Fla. 1979)

. . . Ashcraft with introducing phenmetrazine into a county detention facility in violation of section 951.22 . . . The appellee moved to dismiss on the ground that section 951.22 is vague and overbroad. . . . J., and ADKINS, OVER-TON, SUNDBERG, ALDERMAN and MCDONALD, JJ., concur. . 951.22 County detention facilities . . .

GISSENDANNER, v. STATE, 373 So. 2d 898 (Fla. 1979)

. . . drug — marijuana — into or upon the grounds of a county detention facility in violation of section 951.22 . . . In a motion to dismiss the information against him, Gissendanner asserted that section 951.22(1) is invalid . . . principal contention is that marijuana does not fall within the categories of drugs described in section 951.22 . . . The constitutionality of section 951.22(1) is a legal issue, and may properly be reserved. . . .

STATE v. DARNELL, 335 So. 2d 638 (Fla. Dist. Ct. App. 1976)

. . . 843.11, and the offense of Contraband in County Detention Facility, a Violation of Florida Statute 951.22 . . .

L. CROWDER, v. STATE C. BAKER,, 285 So. 2d 33 (Fla. Dist. Ct. App. 1973)

. . . Section 951.22, F.S.A. . . . Section 951.22, F.S.A. applies to a sheriff of a county, we agree with the trial court that by its expressed . . . MAGER, J., dissents with opinion. . “951.22 County jails; contraband articles.— (1) It is unlawful except . . .

C. CHINN, v. UNITED STATES, 228 F.2d 151 (4th Cir. 1955)

. . . were alleged to be as follows: Reported Corrected Net Income Tax Net Income Tax Count One (1947)____$ 951.22 . . . 1947, Chinn reported gross receipts from rentals in the amount of $5,535 and a taxable net income of $951.22 . . .

FELIN v. KYLE,, 102 F.2d 349 (3d Cir. 1939)

. . . cancelled gold notes held by the appellants,- amounting to $28,000, and paid them interest to-talling $951.22 . . .

FELIN v. KYLE,, 22 F. Supp. 556 (E.D. Pa. 1938)

. . . On July 20, 1932, the Lumber & Mill-work Company transmitted the sum of $28,-951.22 to the Provident . . .