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Florida Statute 394.458 - Full Text and Legal Analysis Florida Statute 394.458 | Lawyer Caselaw & Research
Fla. Stat. § 394.458 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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.

Arrestable Offenses under F.S. 394.458

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd
§394.458(1a1)SMUGGLE CONTRABANDINTRO INTOX BEVERAGE IN MENTAL HEALTH FACILITYF · 3rd
§394.458(1a2)SMUGGLE CONTRABANDINTRO CONTROLLED SUBS MENTAL HEALTH FACILITYF · 3rd
§394.458(1a3)SMUGGLE CONTRABANDINTRO FA OR DEADLY WEAP MENTAL HEALTH FACILITYF · 3rd
§394.458(1b)DRUGS-DELIV/DISTRTRANSMIT PATIENT CNTRL SUBS OFF HOSPITAL GRNDSF · 3rd
§394.458(1b)LIQUORTRANSMIT PATIENT INTOX BEV OFF HOSPITAL GRNDSF · 3rd
§394.458(1b)WEAPON OFFENSETRANSMIT PATIENT FA WEAPON OFF HOSPITAL GRNDSF · 3rd

Cases Citing F.S. 394.458

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Ago (Fla. Att'y Gen. 2009).

Published | Florida Attorney General Reports

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

This Florida statute resource is curated by an Orange Park personal injury and workers' comp lawyer, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.