Florida Statute 394.458 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 394
MENTAL HEALTH

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F.S. 394.458

394.458 Introduction or removal of certain articles unlawful; penalty.—

(1)(a) Except as authorized by law or as specifically authorized by the person in charge of each hospital providing mental health services under this part, it is unlawful to introduce into or upon the grounds of such hospital, or to take or attempt to take or send therefrom, any of the following articles, which are hereby declared to be contraband for the purposes of this section:

1. Any intoxicating beverage or beverage which causes or may cause an intoxicating effect;

2. Any controlled substance as defined in chapter 893; or

3. Any firearms or deadly weapon.

(b) It is unlawful to transmit to, or attempt to transmit to, or cause or attempt to cause to be transmitted to, or received by, any patient of any hospital providing mental health services under this part any article or thing declared by this section to be contraband, at any place which is outside of the grounds of such hospital, except as authorized by law or as specifically authorized by the person in charge of such hospital.

(2) A person who violates any provision of this section 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. 75-253; s. 201, ch. 77-147; s. 1, ch. 77-174; s. 6, ch. 96-169.

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Amendments to 394.458

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 394.458

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

S394.458 1a1 - SMUGGLE CONTRABAND - INTRO INTOX BEVERAGE IN MENTAL HEALTH FACILITY - F: T

S394.458 1a2 - SMUGGLE CONTRABAND - INTRO CONTROLLED SUBS MENTAL HEALTH FACILITY - F: T

S394.458 1a3 - SMUGGLE CONTRABAND - INTRO FA OR DEADLY WEAP MENTAL HEALTH FACILITY - F: T

S394.458 1b - DRUGS-DELIV/DISTR - TRANSMIT PATIENT CNTRL SUBS OFF HOSPITAL GRNDS - F: T

S394.458 1b - LIQUOR - TRANSMIT PATIENT INTOX BEV OFF HOSPITAL GRNDS - F: T

S394.458 1b - WEAPON OFFENSE - TRANSMIT PATIENT FA WEAPON OFF HOSPITAL GRNDS - F: T

Cases Citing Statute 394.458

Total Results: 1

Ago

Florida Attorney General Reports | Filed: Jan 27, 2009 | Docket: 3257482

Published

incapacitated person are limited by law."6 Thus, section 394.458, Florida Statutes, provides that it is unlawful