Florida Statutes

Fla. Stat. § 843.021 (2025)

Unlawful possession of a concealed handcuff key.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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843.021 Unlawful possession of a concealed handcuff key.—

(1) As used in this section, the term:

(a) “In custody” means any time while a person has been placed in handcuffs by a law enforcement officer, regardless of whether such person is under formal arrest.

(b) “Handcuff key” means any key, tool, device, implement, or other thing used, designed, or intended to aid in unlocking or removing handcuffs.

(c) “Concealed handcuff key” means any handcuff key carried by a person in a manner that indicates an intent to prevent discovery of the key by a law enforcement officer, including, but not limited to, a handcuff key carried:

1. In a pocket of a piece of clothing of a person, and unconnected to any key ring;

2. On a necklace of a person;

3. On the body part of a person or on any item of clothing of such person, when the handcuff key is secured on the body part or item of clothing by use of tape, glue, line, or other material;

4. In or within any compartment, seam, fold, or other encasement within any item of clothing, belt, shoe, or jewelry of a person;

5. In or within any sock, hose, shoe, belt, undergarment, glove, hat, or similar item of clothing or accessory of a person;

6. By a person and disguised as jewelry or other object; or

7. In or within any body cavity of a person.

(2) Any person who possesses a concealed handcuff key commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) It is a defense to a charge of violating this section that, immediately upon being placed in custody, the person in custody actually and effectively disclosed to the law enforcement officer that he or she was in possession of a concealed handcuff key.

(4)(a) It is a defense to a charge of violating this section that the person in custody and in possession of a concealed handcuff key is:

1. A federal, state, or local law enforcement officer, including a reserve or auxiliary officer, a licensed security officer, or a private investigator as defined in s. 493.6101; or

2. A professional bail bond agent or limited surety agent as defined in s. 648.25.

(b) However, the defense is not available to any officer, investigator, agent, or runner listed in this subsection if the officer, investigator, agent, or runner, immediately upon being placed in custody, fails to actually and effectively disclose possession of the concealed handcuff key.

History.—s. 1, ch. 2000-230; s. 72, ch. 2023-144.

Arrestable Offenses under F.S. 843.021

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§843.021(2)OBSTRUCT POLICEPOSS CONCEALED HANDCUFF KEY WHILE IN CUSTODYF · 3rd

Notes of Decisions

Cited in 3 cases, 2001–2010 · leading case: Bowen v. State, 791 So. 2d 44 (Fla. 2d DCA 2001).

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Bowen v. State, 791 So. 2d 44 (Fla. 2d DCA 2001). · cites it 2× “See § 843.021, Fla. Stat. (2000); ch. 00-230, § 1, Laws of Fla.”

Ingraham v. State, 32 So. 3d 761 (Fla. 2d DCA 2010). · cites it 2× “Ingraham challenges the judgments and sentences imposed on him after a jury found him guilty of unlawful possession of a concealed handcuff key, a violation of section 843.021(2), Florida Statutes (2004), and felony vending machine theft, a violation of section 877.”

Nicor Int'l Corp. v. El Paso Corp., 318 F. Supp. 2d 1160 (S.D. Fla. 2004). · cites it 2× “(resisting officer without violence); § 843.021, Fla. Stat. (unlawful possession of a concealed handcuff key); § 843.”

— 843.021(2) — 1 case

Ingraham v. State, 32 So. 3d 761 (Fla. 2d DCA 2010). “Ingraham challenges the judgments and sentences imposed on him after a jury found him guilty of unlawful possession of a concealed handcuff key, a violation of section 843.021(2), Florida Statutes (2004), and felony vending machine theft, a violation of section 877.”

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