Florida/Georgia Personal Injury & Workers Compensation

...*****] Attempt, except when methaqualone delivery is charged — 893.135(1)(d) *1242 893.13(1)(a) if sale, manufacture or delivery is charged Bringing methaqualone into state — 893.13(1)(d) Possession of methaqualone — 893.13(1)(e)(f) Contraband — 951.22 None The nature of the contraband may give rise to misdemeanor, lesser included offenses See Cooper v....

...He did so with intent to do [bodily harm to any person.] [damage to the property of any person.] Definition A "destructive device" is defined as (adapt from F.S. 790.001(4) as required by the allegations). EXHIBIT 14 CONTRABAND IN COUNTY DETENTION FACILITY F.S. 951.22 Before you can find the defendant guilty of the crime of (crime charged), the State must prove the following two elements beyond a reasonable doubt: Elements 1....

...ttee appears to have borrowed the "through regular channels" language from the statute and corresponding standard jury instruction that apply in the similar, but by no means identical, context regarding contraband in a county detention facility. See § 951.22(1), Fla....

...District Court of Appeal of Florida, Fifth District. July 21, 1982. *288 Jim Smith, Atty. Gen., Tallahassee, and Mark Menser, Asst. Atty. Gen., Daytona Beach, for appellant. No appearance for appellee. COWART, Judge. This case involves the claim that section 951.22, Florida Statutes, which makes it unlawful to introduce into, or possess upon, the grounds of any county detention facility certain contraband items, is unconstitutional because the statute does not explicitly require knowledge of the...

...al element of specific intent. While appellee was a prisoner in the Orange County correctional institution, he was charged with introducing marijuana into, or possessing marijuana upon, the grounds of that institution in violation of Florida Statute 951.22, Florida Statutes (1981). Appellee filed three motions to dismiss: one attacking the sufficiency of the information itself, a 3.190(c)(4) motion directed to the facts, and a motion attacking the constitutionality of section 951.22, Florida Statutes (1981). The court subsequently granted an unspecified one of these motions to dismiss with leave to amend. The State then filed an amended information alleging the appellee did, in violation of Florida Statute 951.22, "unlawfully" introduce or possess cannabis upon the grounds of this county detention facility. The appellee then filed a fourth motion to dismiss directed towards the allegations in the information as amended. The trial court dismissed the amended information, specifically finding section 951.22 unconstitutional "in that said statute does not require mens rea or scienter on the part of the defendant as an essential element for conviction, thereby making criminal unknowing possession." The State appeals....

...izes the failure to comply. In such an instance, if the failure to act otherwise amounts to essentially innocent conduct, the failure of the penal statute to require some specific intent or knowledge may violate due process. [6] In the instant case, section 951.22 provides in part: 951.22 County detention facilities; contraband articles (1) It is unlawful ......

...ve days to register with the chief of police. Focusing on the fact that the statute punished a failure to act without requiring a showing of knowledge of the duty to act, the Supreme Court struck down the ordinance as a violation of due process. [7] Section 951.22, Florida Statutes (1979) has previously been upheld under constitutional attacks for vagueness, see, e.g., State v....

...5th DCA 1995), in respect to her decision that the possession was a lesser included offense of the introduction or possession. In Turner, the appellant had been convicted of simple possession of cocaine and of possession or introduction of cocaine into a detention facility under sections 893.13(6)(a) and 951.22(1), Florida Statutes (1993), the statutes under which Connelly was charged in this case....

...United States, 7 F.2d 59, 60 (2d Cir.1925),] as cited in the Dunn opinion, the acquittal as jury lenity? Connelly, 716 So.2d at 284-86. We have set out this analysis in detail in order to clarify two underlying issues that concerned both the trial court and the district court in this case. First, we point out that section 951.22, Florida Statutes, is what we have found to be an alternative conduct statute in that the statute prohibits "introduction or possession." In Gibbs v....

...d, we do not agree with the district court's opinion insofar as it fails to recognize that, in this case, the trial judge instructed the jury in respect to Count I only as to "introducing," but not as to the alternative conduct of "possessing" under section 951.22, Florida Statutes....

...court's arrest of judgment be reversed and that Connelly's conviction as to Count I be reinstated. It is so ordered. HARDING, C.J., and SHAW, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur. NOTES [1] Count I was based upon an alleged violation of section 951.22, Florida Statutes (1995), an alternative conduct statute providing in relevant part: (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....

...The court below passed on the validity of a state law, thus vesting this Court with jurisdiction of the appeal. Art. V, § 3(b)(1), Fla. Const. The state by information charged Ms. Ashcraft with introducing phenmetrazine into a county detention facility in violation of section 951.22(1), Florida Statutes (1977). [1] The appellee moved to dismiss on the ground that section 951.22 is vague and overbroad....

...The circuit court erred in holding the statute vague and in holding it overbroad. The decision is reversed and the case is remanded for the entry of an order denying the appellee's motion to dismiss. It is so ordered. ENGLAND, C.J., and ADKINS, OVERTON, SUNDBERG, ALDERMAN and McDONALD, JJ., concur. NOTES [1] 951.22 County detention facilities; contraband articles....

...Upon her arrival at the county jail, Jordan was indeed searched and a crack pipe containing cocaine residue was discovered on her person. In keeping with the prior admonition, Jordan was subsequently charged with introduction of contraband into a county detention facility in violation of section 951.221(1), Florida Statutes (1999), a third degree felony, and the misdemeanor offense of possession of paraphernalia in violation of section 893.147(1), Florida Statutes (1999). Directing our attention to the charge of introduction of contraband into a county detention facility, we address the issue of whether, based on the facts of the instant case, Jordan was convicted of a nonexistent offense. Section 951.22, entitled "County detention facilities; contraband articles," makes it a third degree felony to introduce contraband articles into a county detention facility and defines "contraband" for its purposes....

...y 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. (Emphasis added). The information which charged Jordan with introducing contraband into a county facility in violation of section 951.22(1) asserted that Jordan did, in violation of Florida Statute 951.22(1), unlawfully, without going through regular channels as duly authorized by the sheriff or officer in charge, introduce into or possess upon the grounds of, a county detention facility as defined in Florida Statute 951.23, to-wit: Orange County Jail, certain contraband, to-wit: drug paraphernalia....

...nty facility must be reversed. Jordan's argument that introduction of drug paraphernalia into a county detention facility is a nonexistent offense is premised on the fact that drug paraphernalia is not specifically included in the list of items that section 951.22(1) declares "to be contraband for the purposes of this act." Jordan contends that since drug paraphernalia is not listed, this court cannot construe the statute to provide the missing language because to do so would, in effect, constitute a rewriting of the statute to create a new offense....

...1976) ("It is, of course, a general principle of statutory construction that the mention of one thing implies the exclusion of another; expressio unius est exclusio alterius."); see also McFadden v. State, 737 So.2d 1073 (Fla.1999). Jordan was specifically charged by information with violating section 951.22 by introducing drug paraphernalia which is not among the items defined as contraband by the statute. We conclude, pursuant to the basic tenets of statutory construction we must apply to section 951.22, that by failing to include drug paraphernalia in the list of items that are contraband under the statute, the Legislature intended to exclude it....

...The State contends that Jordan waived appellate review of her argument because she failed to object to the wording of the information charging her with this crime. Moreover, the State asserts that because the information specifically charged Jordan with a violation of section 951.22(1) by introducing into or possessing on the grounds of a county facility "certain contraband," the information was sufficiently detailed to charge the offense and Jordan's failure to challenge the information below results in a waiver of her argument. We conclude that since section 951.22(1) does not make the act of introducing drug paraphernalia into a county facility a crime, the information's reference to the statute number is immaterial because the act she is charged with committing does not constitute a violation of the statute....

...s fire bomb is a missile that can cause death or great bodily harm and the W.M. BB gun was a weapon which can cause great bodily harm. In the instant case, drug paraphernalia is not included in the list of items which can constitute contraband under section 951.22(1).

...See also Rozier v. State, 620 So.2d 194 (Fla. 1st DCA), rev. denied, 629 So.2d 135 (Fla.1993), in which the court held that double jeopardy concerns prevent conviction under both section 893.13(1), Florida Statutes, possession of controlled substance, and section 951.22, Florida Statutes, which makes unlawful both the introduction into or possession of contraband upon the grounds of a detention facility....

...and remand for further consideration of that claim. Mr. Martin has been incarcerated since 2006, serving a life sentence for armed burglary. During his imprisonment, in July 2011, he was charged with one count of possession of contraband in a county detention facility. § 951.22, Fla....

...That on March 11, 1975, Information # 75-195-CFA, B, C, was filed against these Defendants charging them with the offense of Conveying Tools Into Jail, a Violation of Florida Statute 843.11, and the offense of Contraband in County Detention Facility, a Violation of Florida Statute 951.22....

...Public Defender, Tallahassee, for appellant. Robert Butterworth, Atty. Gen. and Mark C. Menser, Asst. Atty. Gen., Tallahassee, for appellee. ERVIN, Judge. The appellant, convicted of possession of contraband articles in a county detention facility in violation of Section 951.22, Florida Statutes, urges that the lower court erred in refusing to instruct the jury that possession of less than 20 grams of cannabis was a lesser included offense to the offense charged....

...is whether the statutory elements of each offense require proof of a fact that the elements of the other do not... . If so, the two offenses are separate." Under the above rule and prior law, the statutory offense of possession of contraband in a detention facility (Section 951.22, Florida Statutes), requires proof of a statutory element not present in the offense of simple misdemeanor possession (Section 893.13, Florida Statutes), and a charge on the latter offense was properly not given....

...Gen., Tampa, for appellee. ENGLAND, Chief Judge. Appellant Gissendanner was charged and convicted of introduction or possession of a narcotic, hypnotic, or excitative drug — marijuana — into or upon the grounds of a county detention facility in violation of section 951.22(1), Florida Statutes (1975). In a motion to dismiss the information against him, Gissendanner asserted that section 951.22(1) is invalid in that the terms "narcotic," "hypnotic," and "excitative" are unconstitutionally vague....

...of his motion to dismiss. Judgment and sentence were entered. The denial of Gissendanner's motion to dismiss is now before us for review. Gissendanner's principal contention is that marijuana does not fall within the categories of drugs described in section 951.22(1) and, therefore, application of the statute to marijuana is unconstitutional....

...Whether marijuana is a narcotic, hypnotic, or excitative drug is a factual issue which, by his plea of no contest, Gissendanner relieved the state of the burden to prove. [2] Questions of fact may not be reserved upon a plea of no contest. [3] The constitutionality of section 951.22(1) is a legal issue, and may properly be reserved....

...Ausley, McMullen, McGehee, Carothers & Proctor and C. Gary Williams and Stephen C. Emmanuel, Robert Augustus Harper, Jr., Tallahassee, for appellee. SCHWARTZ, ALAN R., Associate Judge. The state appeals from a final order dismissing a prosecution for a violation of section 951.22 on the ground that the statute is unconstitutional both on its face and as applied to the defendant....

...The defendant refused the officer's request to relinquish the papers. After further discussion, Olson was allowed by the correctional staff to leave the jail without surrendering the papers. Thereafter, she was arrested by the Leon County Sheriff's Department and charged with violation of F.S. § 951.22....

...), on the 11th day of June, 1988, did unlawfully, while upon the grounds of the Leon County Jail, a county detention facility, receive from an inmate and possess, [2] written communications, an article or thing declared to be contraband, contrary to Section 951.22, Florida Statutes....

...of some other person who may at some future time be affected. 10 Fla.Jur.2d Constitutional Law § 62 at 285 (1979). E.g., Greenway v. State, 413 So.2d 23 (Fla. 1982) (defendant may challenge only that portion of § 944.47, state prison equivalent of 951.22, prohibiting possession of particular contraband involved); Wells v....

...1952); State ex rel. Clarkson v. Philips, 70 Fla. 340, 70 So. 367 (1915). In this case, then, we confine our inquiry to the determination of whether Ms. Olson may constitutionally be prosecuted for receiving the note from Madry under the appropriate portion of 951.22; that is, the part which provides that *1243 [i]t is unlawful except through regular channels as duly authorized by the sheriff or officer in charge .. . to ... receive from any inmate of any such facility wherever said inmate is located at the time... any of the following articles which are hereby declared to be contraband for the purposes of this act, to wit: Any written ... communication. [5] § 951.22, Fla....

...Saiez, 489 So.2d 1125, 1129 (Fla. 1986). Nor do we find any merit to the other constitutional attacks mounted against this prosecution: 1. Statute Not Vague We frankly find nothing at all in the appellee's contention that there is anything vague about the portion of 951.22 she allegedly violated. Certainly, no person "of common intelligence" needs to guess at the fact that, when the statute says that one may not receive any "written communication" "from any inmate" "except through regular channels as duly authorized by the sheriff," [6] § 951.22(1), Fla....

...to face access to prisoners. Saxbe, 417 U.S. at 850, 94 S.Ct. at 2815, 41 L.Ed.2d at 519. Surely, then, there can be no infirmity in prohibiting the unsupervised and unauthorized exchange of a written note. Since, therefore, the pertinent clauses of § 951.22 simply cannot be read to prohibit anything at all beyond the statute's "plainly legitimate sweep," Broadrick v....

...egedly substandard health care and the abusive treatment at the jail. Because she had no writing materials, Ms. Olson asked him to write down all his complaints for her future consideration. [2] See infra note 5. [3] The statute as a whole provides: 951.22 County detention facilities; contraband articles....

...Olson nor any other visitor to the Jail could have been constitutionally prosecuted for its violation. This statute is unconstitutionally overbroad. Accordingly, it is ORDERED AND ADJUDGED that the Defendant, Karen E. Olson's Motion to Dismiss the Information is granted on the basis that Florida Statute § 951.22 is unconstitutionally vague and overbroad on its face, and as applied to the facts of this case....

...As in this case, the cocaine was discovered when Rozier was searched at the jail, after being arrested. The court noted that the possession charge arose solely in the context of the county jail search. The only distinction between the two offenses charged was the additional element of proof for section 951.22 that the offense occurred in a county detention facility....

...Accordingly, we reverse Turner's conviction for possession of cocaine pursuant to section 893.13(6)(a) and vacate the sentence imposed for that crime. We affirm Turner's conviction and sentence for possession or introduction of cocaine in a detention facility pursuant to section 951.22....

...introduction of contraband into a county detention facility. I think these are two separate offenses separately punishable under Florida law. § 775.021(4), Florida Statutes (1993). NOTES [1] §§ 893.13(6)(a), 893.03(2)(a)4, Fla. Stat. (1993). [2] § 951.22(1), Fla....

...legally interlocking charges. In doing so, the supreme court emphasized that truly inconsistent means more than merely factually inconsistent. *1237 To see what it does mean, we must closely examine the Connelly decision. Connelly was charged under section 951.22 which creates certain crimes relating to contraband articles in a county detention facility....

...I would reject Harris's argument since it is based on a legal principle — as articulated in Doty — that is inconsistent with the Supreme Court's decision in Watts. [9] NOTES [1] § 893.13(1)(e)(1), Fla. Stat. (2004) (providing that this crime is a first-degree felony). [2] § 951.22, Fla....

...After Dees pled guilty, the court adjudicated him guilty and sentenced him to sixty days in jail. The following day the state filed an information charging Dees with unlawfully introducing or possessing the same marijuana on the grounds of a county detention facility, a felony under section 951.22, Florida Statutes (1979)....

...We reverse defendant's conviction and sentence for possession of a controlled substance, a violation of section 893.13, Florida Statutes (1983). We affirm his conviction and sentence for introduction or possession of a controlled substance into or upon the grounds of a county detention facility, a violation of section 951.22, Florida Statutes (1983)....

...[t]hey are separate offenses." State v. Baker, 456 So.2d 419 (Fla. 1984). In this case, all elements of the simple possession offense under section 893.13 are 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 and specifically includes "controlled substances" as being within the definition of contraband....

...This appeal followed. Both the state and the appellant agree that double jeopardy would be violated by a conviction and sentence for both the introduction or possession of contraband in a facility and the counts for possession of that same contraband. Section 951.22(1), Florida Statutes, provides that "[i]t is unlawful ... to introduce into or possess upon the grounds of any county detention facility ... controlled substances...." Thus, where a defendant is convicted of both simple possession and a violation of section 951.22, a double jeopardy violation occurs if it cannot be determined which conduct-introduction or possession-is the basis for the conviction under section 951.22....

...In Desire, this court explained: "To insure that no double jeopardy violation occurs, it is preferable for the court to either separate or narrow the alternatives in the instructions and jury form when a defendant is charged under an alternative conduct statute, such as section 951.22, Florida Statutes (2001)." Id....

...See, e.g., Pagliuca v. State, 860 So.2d 1095 (Fla. 5th DCA 2003); Vidal v. State, 820 So.2d 408 (Fla. 2d DCA 2002). JUDGMENT AFFIRMED; SENTENCE AFFIRMED IN PART AND REVERSED IN PART; REMANDED. SAWAYA, C.J., PETERSON and MONACO, JJ., concur. NOTES [1] § 951.22, Fla....

...nty detention facility, thereby barring prosecution for the latter crime on double jeopardy principles. See also Tessier v. State, 462 So.2d 123 (Fla. 2d DCA 1985) (reaffirming the Dees holding). Apart from the fact that Dees involved a violation of section 951.22, Florida Statutes, dealing with introduction of contraband into a county jail, and we are here concerned with section 944.47, prohibiting that same introduction into a state prison, we disagree in principle with the Dees decision as far as it might apply to the instant case....

...Tringali, Assistant Attorney General, West Palm Beach, for appellee. MAY, J. The defendant appeals his convictions for possession of cocaine, in violation of section 893.13(6)(a), Florida Statutes (2001), and introduction or possession of contraband on the grounds of a county detention facility, in violation of section 951.22, Florida Statutes (2001)....

...f contraband or introduction of contraband into a county detention center since both charges involved the same cocaine. We agree with the Fifth District's analysis in Turner. In arriving at this result, we turn to the supreme court's construction of section 951.22, Florida Statutes (2001), "County detention facilities; contraband articles." First, we point out that section 951.22, Florida Statutes, is what we have found to be an alternative conduct statute in that the statute prohibits "introduction or possession." In Gibbs v....

...Connelly, 748 So.2d 248, 251 (Fla. 1999). To insure that no double jeopardy violation occurs, it is preferable for the court to either separate or narrow the alternatives in the instructions and jury form when a defendant is charged under an alternative conduct statute, such as section 951.22, Florida Statutes (2001)....

...appeals an order withholding adjudication of delinquency based on two offenses: delinquent in possession of a firearm in violation of section 790.23(1)(b), Florida Statutes (2013), and introduction of a firearm into a detention facility in violation of section 951.22, Florida Statutes (2013)....

...We find no merit to his argument concerning delinquent in possession of a firearm and do not address it here. II. UNDER THE STATUTORY DEFINITION, A JAC IS NOT A “COUNTY DETENTION FACILITY” Chapter 951 of the Florida Statutes addresses county and municipal prisoners. Under section 951.22(1), “[i]t 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[ection] 951.23 ,.....

...as “used by” Hillsborough County and qualifies as a county facility. Turning to the arguments that were raised,.we are inclined to reject J.J.’s first, argument that the JAC does not qualify as a “county detention facility” for purposes of section 951.22- because he was brought there not to be detained but to be processed in order to determine whether he would be detained or released....

...89  Comment This instruction was adopted in 1981 and amended in 2007 [969 So. 2d 245] and 2014. 25.17 CONTRABAND IN COUNTY DETENTION FACILITY § 951.22, Fla._Stat. To prove the crime of (crime charged) Contraband in a County Detention Facility, the State must prove the following two three elements beyond a reasonable doubt: 1....

...m] [her] guilty, if all the elements of the charge have also been proven beyond a reasonable doubt. See 25.2 for definition of "possession." Lesser Included Offenses CONTRABAND IN COUNTY DETENTION FACILITIES — 951.22 CATEGORY ONE CATEGORY TWO FLA....

PER CURIAM. Appellant’s contention that section 951.22(1), Florida Statutes (1979) 1 under which he was charged because a handcuff key was found on his person while he was a prisoner, is unconstitutionally vague, is without merit....

...to question pro *145 spective jurors on voir dire about their personal television habits. Zamora v. State, 361 So.2d 776 (Fla.3d DCA 1978), cert. denied, 372 So.2d 472 (Fla.1979). AFFIRMED. ORFINGER, COBB and FRANK D. UP-CHURCH, Jr., JJ., concur. . § 951.22(1), Florida Statutes (1979) provides: 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 ......

...appeals an order withholding adjudication of delinquency based on two offenses: delinquent in possession of a firearm in violation of section 790.23(1)(b), Florida Statutes (2013), and introduction of a firearm into a detention facility in violation of section 951.22, Florida Statutes (2013)....

...earm and do not address it here. II. UNDER THE STATUTORY DEFINITION, A JAC IS NOT A "COUNTY DETENTION FACILITY" Chapter 951 of the Florida Statutes addresses county and municipal prisoners. Under section 951.22(1), "[i]t 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[ection] 951.23 ....

...by" Hillsborough County and qualifies as a county facility. Turning to the arguments that were raised, we are inclined to reject J.J.'s first argument that the JAC does not qualify as a "county detention facility" for purposes of section 951.22 because he was brought there not to be detained but to be processed in order to determine whether he would be detained or released....

...3 plea. He maintained that, based on the misadvice of his original counsel, he had pleaded to a nonexistent crime since the statute prohibiting the introduction of contraband into a county detention facility (§ 951.22(1), Fla. Stat.) did not specifically list a cell phone among the items defined as contraband. See Jordan v. State, 801 So. 2d 1032, 1035 (Fla. 5th DCA 2001) (reversing conviction for nonexistent crime under section 951.22(1) because “by failing to include drug paraphernalia in the list of items that are contraband under the statute, the Legislature intended to exclude it”)....

serving his sentence, he was treated pursuant to section 951.22, Florida Statutes (1987), and the rules and

...Our decision regarding this issue is controlled by the decision in State v. Olson, 586 So.2d 1239 (Fla. 1st DCA 1991). In Olson , an inmate passed some pieces of paper with writing on them to a reporter. The reporter refused to surrender the papers and was later arrested and charged with violation of section 951.22, Florida Statutes....

...4 (emphasis in original). The judgment was reversed on appeal. The majority rejected the argument that the statute was unconstitutionally vague: We frankly find nothing at all in the appellee’s contention that there is anything vague about the portion of 951.22 she allegedly violated....

...Booker, 529 So.2d 1239 (Fla. 1st DCA 1988). The trial court erred in dismissing counts I and II of the information. The appealed orders are reversed and the cause is remanded for further proceedings. BARFIELD and ALLEN, JJ., concur. KAHN, J., concurs with written opinion, . Section 951.22, Florida Statutes, is similar to the statute at issue with the exception that it applies to county detention facilities rather than state correctional institutions. Section 951.22 provides, in relevant part: (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....

...felony. Appellant’s two points, which we will discuss seriatim, are (1) whether the executive order suspending Baker was deficient in setting forth sufficient facts to meet the necessary jurisdictional criteria for suspension, and (2) whether F.S. Section 951.22, F.S.A....

...Simple justice requires that there be at least enough specificity as to fairly apprise the accused officer of the alleged acts against which he must defend himself. Cf. State ex rel. Hawkins v. McCall, 1947, 158 Fla. 655 , 29 So.2d 739 . In reference to the question of whether F.S. Section 951.22, F.S.A....

...nce it necessarily must be concluded that the sheriff authorizes his own voluntary conduct. Any weakness in the statute in this respect is a matter for legislative consideration. Affirmed. WALDEN, J„ concurs. MAGER, J., dissents with opinion. . “951.22 County jails; contraband articles.— (1) It is unlawful except as duly authorized by the sheriff or officer in charge to introduce into or upon the grounds of any county jail or to give to or receive from any inmate of any county jail whereve...

...While Deno was changing into her jail uniform, a deputy saw a small baggie containing what appeared to be crack cocaine fall from her pants. Consequently, Deno was also charged in a separate case with introducing contraband into a county detention facility. See § 951.22, Fla....

...However, because our rejection of appellant’s argument based on the Richardson case is for the reasons expressed above, the depositions have had no effect on the disposition of this appeal. AFFIRMED. ROBERT P. SMITH, Jr., C. J., and LARRY G. SMITH, J., concur. . § 893.13(l)(e) Fla.Stat. . § 951.22 Fla.Stat.

...Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Michael McDermott, Assistant Attorney General, Tallahassee, for Appellee. BENTON, J. On direct appeal, Anthony Bernard Brown argues for reversal of his conviction for violating section 951.22(1), Florida Statutes (2012), which forbids introducing contraband into, as well as simply possessing contraband on the grounds of, a county detention facility....

...Properly construed, the statute requires mens rea as an element of the offense. 1 Accordingly, although evidence sufficient to prove the offense was adduced, jury instructions allowing conviction without proof of scienter constituted fundamental error, and require reversal and remand for a new trial. Violation of section 951.22, Florida Statutes, is a third-degree felony, § 951.22(2), Fla....

...The “United States Supreme Court has stated that offenses that require no mens rea generally are disfavored, and has suggested that some indication of legislative intent, express or implied, is required to dispense with mens rea as an element of a crime.” Id. Section 951.22(1) does not differentiate between possession of contraband and its introduction insofar as requiring scienter or mens rea, and the standard jury 1 Section 951.22(1), Florida Statutes (2012), provides that it is unlawful “to introduce into or possess upon the grounds of any county detention facility ....

...See id. 8 court’s comment that knowledge was not required relieved the jury of its responsibility to determine the credibility of that testimony.” Id. See also State v. Oxx, 417 So. 2d 287, 290-91 (Fla. 5th DCA 1982) (holding the trial court had erred in holding section 951.22, Florida Statutes, unconstitutional on the ground that the failure of the statute to expressly require mens rea or scienter made unknowing possession a criminal offense, because “[a]lthough the legislature may punish an act withou...

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

...and amended in 1989 [543 So. 2d 1205], 1997 [697 So. 2d 84], 2007 [969 So. 2d 245], 2014 [153 So. 3d 192], 2016 [191 So. 3d 291], and 2017 [216 So. 3d 497], and 2019. 25.17 CONTRABAND IN COUNTY DETENTION FACILITY § 951.22, Fla....

...officer in charge of the detention facility, you should find [him] [her] guilty, if all the elements of the charge have also been proven beyond a reasonable doubt. Lesser Included Offenses CONTRABAND IN COUNTY DETENTION FACILITIES — 951.22 CATEGORY ONE CATEGORY TWO FLA....

...eleven months and twenty-nine days in jail. A concurrent sixty-day sentence was imposed for the trespass misdemeanor. Appellant was charged under section 893.13(l)(f), Florida Statutes, 1 with possession of cocaine, a third degree felony, and under section 951.22, Florida Statutes, 2 *196 with possession of contraband in a county detention facility, also a third degree felony....

...the county jail search. Appellant was charged in one count with simple possession of cocaine, contrary to section 893.13(l)(f), a third degree felony; and in the other count, with possession of contraband in a county detention facility, contrary to section 951.22, also a third degree felony. The conduct proscribed by section 893.13(l)(f) is the unauthorized possession of a controlled substance. The conduct proscribed by section 951.22 is the unauthorized possession of contraband, including any controlled substance, in a county detention facility. The only distinction between the two offenses with which appellant was charged is the additional element of proof required to prove a violation of section 951.22, i.e., that the offense occurred in a county detention facility....

...ontrolled substance unless such controlled substance was lawfully obtained from a practitioner or pursuant to a valid prescription or order of a practitioner ... Any person who violates this provision is guilty of a felony of the third degree, ... . § 951.22, Fla.Stat....

...FAMILIAL OR CUSTODIAL AUTHORITY, F.S. 794.041(2)(b); (7) An amendment to LEWD, LASCIVIOUS, INDECENT ASSAULT OR ACT UPON OR IN THE PRESENCE OF CHILD; SEXUAL BATTERY, F.S. 800.-04; (8) A. .. new instruction: CONTRABAND IN COUNTY DETENTION FACILITY, F.S. 951.22; (9) A new instruction: 3.04(g) — VOLUNTARY INTOXICATION; (10) Amended instruction on DUI MANSLAUGHTER, F.S....

...offense. Comment This instruction was adopted in 1981 and amended in 2007 [969 So. 2d 245] and 2014 [153 So. 3d 192] and 2016. 25.17 CONTRABAND IN COUNTY DETENTION FACILITY § 951.22, Fla....

...her] guilty, if all the elements of the charge have also been proven beyond a reasonable doubt. - 110 -  Lesser Included Offenses CONTRABAND IN COUNTY DETENTION FACILITIES — 951.22 CATEGORY ONE CATEGORY TWO FLA....

...Consequently, we reverse the misdemeanor sentences and remand *for re-sentencing. With respect to circuit court case number 97-228, the trial court on remand must correct the judgment to conform to the plea agreement. In that case, defendant-appellant Hanna was charged with a violation of section.951.22, Florida Statutes (1997), a third-degree felony....

...isdemeanor. The probation order reflected, however, a plea of guilty to a violation of section 944.47, Florida Statutes, which is also a *356 felony. After revocation of probation, a judgment was entered reflecting that the offense at conviction was section 951.22 (which is a felony), but the judgment classifies the offense as a first-degree misdemeanor....

...jail facility. Bendt filed a motion to dismiss the introduction count. After a hearing, the trial court entered an order in which it ruled that the Fifth Amendment to the United States Constitution precluded application of the introduction statute, § 951.22, Fla....

...Johnson argues that he could not be convicted of possession of contraband in a state facility because he was confined in a county jail. Under section 944.47, Florida Statutes (2002), possession of a controlled substance in a state correctional facility is a second-degree felony. But under section 951.22, Florida Statutes (2002), possession of a controlled substance in a county detention facility is a third-degree felony....

...did not mislead the defendant to the defendant’s prejudice.” Johnson does not argue that he was misled or prejudiced by the error. Therefore, we remand for correction of the judgment to reflect a conviction for possession of contraband in a county detention facility under section 951.22, which is the conviction supported by the factual allegations in the information and by the evidence introduced at trial....

...d. The.procedural history of these matters is confusing because of the number of times that Billias was reinstated to probation. 1 In case no. 97-18380, Billias was convicted of introducing contraband into a county detention facility in violation of section 951.22, Florida Statutes (a third-degree felony, with a maximum penalty of five years in state prison)....

WIGGINTON, Judge. The State appeals from a final order dismissing count II of an indictment charging appellees with unlawfully introducing into or possessing upon the grounds of the Madison County jail a contraband article as defined in section 951.22, Florida Statutes, to wit: “U.S. currency in an amount not *34 authorized by the Sheriff of Madison County.” In the order, the trial court found that “[i]n its application,” section 951.22 is both vague and overbroad, and is facially unconstitutional as being an invalid delegation of legislative authority. We affirm in part and reverse in part. Initially, we reverse the trial court’s holding that section 951.22 is an invalid delegation of legislative authority....

...ve enforcement referred to in Clark rendering the statute unconstitutional in its application to appel-lees. After all, they could only guess, and in fact guessed wrong, as to what conduct on their part was prohibited. Accordingly, on the basis that section 951.22 is unconstitutionally vague and, “in a colloquial sense,” overbroad in its application, State v....

PER CURIAM. Appellant was convicted of introduction of contraband into a county detention facility, a violation of section 951.22, Florida Statutes (1995)....

...The court, in its written costs order, required her to pay “the sum of $100.00, pursuant to section 893.165, Florida Statutes (Florida Drug Abuse Trust Fund).” Section 893.165 references section 893.16, which provides for an additional assessment for violations of certain enumerated statutes. Violations of section 951.22 are not included within section 893.16’s provisions....

...appellant was asked three times by the arresting deputy whether he had any contraband in his possession. He was advised that if he had contraband on *867 his person and brought it into the jail, he would face additional criminal charges pursuant to section 951.22, Florida Statutes (2000)....

...Accordingly, we reverse Shivers’s conviction and vacate his sentence on the felony contraband charge. 5 Conviction REVERSED; sentence VACATED. COBB and GRIFFIN, JJ., concur. . U.S. Const, amend. V.; Art. I, § 9, Fla. Const. . § 810.09, Fla.Stat. (1989). . § 893.13(l)(f), Fla.Stat. (1989). . § 951.22, Fla.Stat....

...3 The State concedes 1Prior to sentencing, Palmer moved to withdraw his plea, but the trial court denied the motion. 2 Respectively, grounds 1, 2A, and 2E of Palmer’s motion. 3 If a defendant is convicted of both introduction of contraband into a detention facility under section 951.22, Florida Statutes, and simple possession under section 893.13, Florida Statutes, for the same set of contraband and without distinguishing separate conduct to support each charge, double jeopardy may be violated....

...The first information did not charge a crime, so no double jeopardy violation occurred with the amendment. Therefore, we affirm. Jessie Mae Dorsey was originally charged with introduction of contraband into a county detention facility, contrary to section 951.22(1), Florida Statutes (2003)....

...Dorsey entered a nolo contendere plea, reserving her right to appeal on double jeopardy grounds. Here, the state sought to amend the information because the original information did not charge Dorsey with a crime. In Jordan v. State, 801 So.2d 1032, 1035 (Fla. 5th DCA 2001), the fifth district held that section “951.22(1) does not make the act of introducing drug paraphernalia into a county facility a crime.......

...Appellant, Anna Marie Bryant, appeals her conviction for two counts of introduction of contraband into a county detention facility. The- State properly concedes that the bringing of both Hydrocodone and Ox-ycodone into the correctional .facility in one container and at the same time is a single offense under the statute. § 951.22, Fla....

...charging document cited the correct statute number. We affirm this issue without discussion. However, the State has identified a scrivener’s error on the judgment that requires correction. We agree. The judgment reflects Wise-Wilkerson was convicted under section 951.22(0), Florida Statutes. This statute does not exist. Rather, the convicted crime falls under section 951.22, Florida Statutes (2022) (without a subsection (0))....

...Accordingly, we affirm Wise-Wilkerson’s judgment and sentence, but remand for the ministerial purpose of correcting the scrivener’s error on the judgment to reflect the correct 1 Richardson v. State, 246 So. 2d 771 (Fla. 1971). statute number, i.e., section 951.22, Florida Statutes (2022)....

SHIVERS, Judge. Defendant Colston appeals November 3, 1986, judgment of guilt for possession of contraband in a county detention facility contrary to section 951.22, Florida Statutes....

..., where the evidence showed that the amount involved was less than 20 grams. Since misdemeanor possession was the next lower lesser included offense, the failure to instruct was held to be reversible error. Because of the similarity between sections 951.22 (possession of contraband in a county facility) and 944.47 (possession of contraband in a state correctional institution), and because the evidence in the instant case also indicates that less than 20 grams of cannabis was involved, the same result is warranted here....

...offense. Comment This instruction was adopted in 1981 and amended in 2007 [969 So. 2d 245] and 2014 [153 So. 3d 192] and 2016. 25.17 CONTRABAND IN COUNTY DETENTION FACILITY § 951.22, Fla....

...her] guilty, if all the elements of the charge have also been proven beyond a reasonable doubt. - 109 -  Lesser Included Offenses CONTRABAND IN COUNTY DETENTION FACILITIES — 951.22 CATEGORY ONE CATEGORY TWO FLA....

...e law” could result in revocation of probation. On January 27, 2015, a corrections officer at the Miami-Dade County jail found Mr. Diaz in possession of a cigarette made from the synthetic cannabinoid. Mr. Diaz was charged with violating section 951.22(1) of Florida Statutes, which prohibits the smuggling or possession in a county detention facility of various legal and illegal items including clothing, food, alcohol or “any drug or drug of any kind or nature ....

...Diaz raises three issues on appeal. First, Mr. Diaz claims that the particular synthetic cannabinoid which he possessed was not a controlled substance under section 893.02(4) at the time he possessed it and therefore his possession did not violate section 951.22(1). We recognize that this particular synthetic cannabinoid was not added to the list of controlled substances in section 893.02(4) until several months after it was found in his possession. But, while section 951.22(1) prohibits possession of controlled substances as defined in s....

...tic, hypnotic, or excitative drug or drug of any kind or nature, including nasal inhalators, sleeping pills, barbiturates, and controlled substances as defined in section 893.02(4).” 3  In full, section 951.22(1) provides: 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....

...is intended to be used as a dangerous weapon; and 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. § 951.22(1), Fla. Stat. (emphases added). Mr. Diaz admitted he smoked the synthetic cannabinoid at issue to self-medicate. It was therefore a “drug of any kind or nature,” whether or not it was illegal. Next, Mr. Diaz claims that if section 951.22(1)’s prohibition on contraband in detention facilities is construed to include AB-Chimanaca, then the statute is unconstitutionally vague....

...gence and understanding adequate warning of the proscribed conduct.” State v. Mitro, 700 So. 2d 643, 645 4 (Fla. 1997) (citing Trushin v. State, 425 So. 2d 1126, 1130 (Fla.1983). Under this standard, section 951.22 is not vague. As we mentioned before, its purpose is to control smuggling and surreptitious possession of various items, legal and illegal....