Florida Statutes

Fla. Stat. § 951.22 (2025)

County detention facilities; contraband articles.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Arrestable Offenses under F.S. 951.22

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

§951.22(1)SMUGGLE CONTRABANDRENUMBERED. SEE REC # 8796F · 3rd

§951.22(1a)SMUGGLE CONTRABANDINTRO WRITTEN RECORDED COMM IN CNTY DETN FACILM · 1st

§951.22(1b)SMUGGLE CONTRABANDSMUGGLE ANY CURRENCY/COIN COUNTY DETEN FACILM · 1st

§951.22(1c)SMUGGLE CONTRABANDSMUGGLE ANY ARTC/FOOD/CLOTH COUNTY DETEN FACILM · 1st

§951.22(1d)SMUGGLE CONTRABANDSMUGGLE ANY TOBACCO PRODUCT COUNTY DETEN FACILM · 1st

§951.22(1e)SMUGGLE CONTRABANDSMUGGLE ANY CIGARETTE COUNTY DETEN FACILITYM · 1st

§951.22(1f)SMUGGLE CONTRABANDSMUGGLE ANY CIGARS DETENTION FACILITYM · 1st

§951.22(1g)SMUGGLE CONTRABANDSMUGGLE ANY INTOX BEV COUNTY DETENTION FACILM · 1st

§951.22(1h)SMUGGLE CONTRABANDSMUGGLE MARIJUANA COUNTY DETENTION FACILITYF · 3rd

§951.22(1h)SMUGGLE CONTRABANDSMUGGLE HEMP COUNTY DETENTION FACILITYF · 3rd

§951.22(1h)SMUGGLE CONTRABANDSMUGGLE INDUSTRIAL HEMP COUNTY DETEN FACILITYF · 3rd

§951.22(1h)SMUGGLE CONTRABANDSMUGGLE OTHER DRUG 951.22(1)(h) CO DETEN FACILF · 3rd

§951.22(1h)SMUGGLE CONTRABANDSMUGGLE BARBITURATE COUNTY DETENTION FACILITYF · 3rd

§951.22(1h)SMUGGLE CONTRABANDSMUGGLE CTRL SUB 893.02(4) COUNTY DETEN FACILF · 3rd

§951.22(1h)SMUGGLE CONTRABANDSMUGGLE NARC/HYPNO/EXCIT DRUG CO DET FACILF · 3rd

§951.22(1i)SMUGGLE CONTRABANDSMUGGLE ANY FIREARM/DANG WPN CO DETNTION FACILF · 3rd

§951.22(1j)SMUGGLE CONTRABANDSMUGGLE ANY INSTR AID EFF ESCAPE CO DETN FACILF · 3rd

§951.22(1k)SMUGGLE CONTRABANDSMUGGLE CELL PHONE PORT COMM DVC CO DETN FACILF · 3rd

§951.22(1l)SMUGGLE CONTRABANDSMUGGLE INTRO VAPOR-GEN E-DVC CO DET FACILITYM · 1st

Notes of Decisions

Cited in 55 cases (2 in the last 5 years), 1973–2025 · leading case: Jordan v. State, 801 So. 2d 1032 (Fla. 5th DCA 2001).

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Jordan v. State, 801 So. 2d 1032 (Fla. 5th DCA 2001). · cites it 8× “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.”

State v. Oxx, 417 So. 2d 287 (Fla. 5th DCA 1982). · cites it 8× “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…”

State v. Connelly, 748 So. 2d 248 (Fla. 1999). · cites it 6× “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.”

State v. Olson, 586 So. 2d 1239 (Fla. 1st DCA 1991). · cites it 11× “[5] § 951.22, Fla. Stat. (1989). In our view the question virtually answers itself in the affirmative.”

United States v. Lenin M. Jerez & Carlos M. Solis, 108 F.3d 684 (7th Cir. 1997). · cites it 2× “See Fla. Stat. Ann. § 951.22 (West 1995). The deputies, based on a reasonable belief that Mr.”

Martin v. State, 205 So. 3d 811 (Fla. 2d DCA 2016). · cites it 2× “§ 951.22, Fla. Stat. (2011). The State alleged that Mr.”

Griffin v. State, 69 So. 3d 344 (Fla. 4th DCA 2011). · cites it 6× “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…”

Desire v. State, 829 So. 2d 948 (Fla. 4th DCA 2002). · cites it 8× “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). He argues that a conviction on both charges violates double jeopardy principles.”

State v. Ashcraft, 378 So. 2d 284 (Fla. 1979). · cites it 3× “[1] The appellee moved to dismiss on the ground that section 951.22 is vague and overbroad. The court granted dismissal, holding that the statutory language referring to an "excitative drug" is unconstitutional due to impermissible vagueness and overbreadth.”

Cooper v. State, 512 So. 2d 1071 (Fla. 1st DCA 1987). · cites it 4× “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…”

State v. Fleming, 606 So. 2d 1229 (Fla. 1st DCA 1992). · cites it 5× “The reporter refused to surrender the papers and was later arrested and charged with violation of section 951.22, Florida Statutes. 1 The trial court found the statute to be unconstitutionally vague, stating: “On its face, the statute in question would prevent the mere…”

In Re Stand. Jury Inst.-Crim. Cases, 765 So. 2d 692 (Fla. 2000). · cites it 2× “See § 951.22(1), Fla. Stat. (1997). Furthermore, as pointed out by Assistant Public Defender Stanton, the statute that controls in the present context explicitly provides two additional alternatives not reflected in the committee's proposed instruction.”

Show all 55 citing cases →

— 951.22(0) — 1 case

Ahmaan Wise-Wilkerson v. State of Florida (Fla. 4th DCA 2025).

— 951.22(1) — 14 cases

Jordan v. State, 801 So. 2d 1032 (Fla. 5th DCA 2001). “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.”

In Re Stand. Jury Inst.-Crim. Cases, 765 So. 2d 692 (Fla. 2000). “See § 951.22(1), Fla. Stat. (1997). Furthermore, as pointed out by Assistant Public Defender Stanton, the statute that controls in the present context explicitly provides two additional alternatives not reflected in the committee's proposed instruction.”

State v. Ashcraft, 378 So. 2d 284 (Fla. 1979). “[1] The appellee moved to dismiss on the ground that section 951.22 is vague and overbroad. The court granted dismissal, holding that the statutory language referring to an "excitative drug" is unconstitutional due to impermissible vagueness and overbreadth.”

Griffin v. State, 69 So. 3d 344 (Fla. 4th DCA 2011). “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…”

State v. Olson, 586 So. 2d 1239 (Fla. 1st DCA 1991). “[5] § 951.22, Fla. Stat. (1989). In our view the question virtually answers itself in the affirmative.”

— 951.22(2) — 1 case

Anthony Bernard Brown v. State of Florida, 150 So. 3d 281 (Fla. 1st DCA 2014).

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