The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES

Chapter 843
OBSTRUCTING JUSTICE

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F.S. 843.11

843.11 Conveying tools into jail to aid escape; forcible rescue.—Whoever conveys into a jail or other like place of confinement, any disguise, instrument, tool, weapon, or other thing adapted or useful to aid a prisoner in making his or her escape, with intent to facilitate the escape of any prisoner there lawfully committed or detained, or, by any means whatever, aids or assists such prisoner in his or her endeavors to escape therefrom, whether such escape is effected or attempted or not; and whoever forcibly rescues any prisoner held in custody upon any conviction or charge of an offense, shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084; or if the person whose escape or rescue was effected or intended, was charged with an offense not capital nor punishable by imprisonment in the state prison, then a person who assists a prisoner as described in this section shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083; or if the prisoner while his or her escape or rescue is being effected or attempted commits any crime with the weapon, tool, or instrument conveyed to him or her, the person conveying the weapon, tool, or instrument to the prisoner shall be subject to whatever fine, imprisonment, or other punishment the law imposes for the crime committed, as an accessory before the fact.

History.—s. 11, ch. 1637, 1868; RS 2590; GS 3511; RGS 5397; CGL 7537; s. 1, ch. 29895, 1955; s. 1044, ch. 71-136; s. 1342, ch. 97-102.

F.S. 843.11 on Google Scholar

F.S. 843.11 on Casetext

Amendments to 843.11

Arrestable Offenses / Crimes under Fla. Stat. 843.11

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

S843.11 - SMUGGLE CONTRABAND INTO PRISON - TOOL TO AID FELON - F: S

S843.11 - SMUGGLE CONTRABAND INTO PRISON - TOOL TO AID NON CAPITAL OFFENDER - M: F

Annotations, Discussions, Cases:

Cases from cite.case.law:

M. L. JOHNSON FAMILY PROPERTIES, LLC, v. L. BERNHARDT, LLC,, 924 F.3d 842 (6th Cir. 2019)

. . . . § 843.11(a)(1). . . . . § 843.11(a)(2). . . .

M. L. JOHNSON FAMILY PROPERTIES, LLC, v. ZINKE, LLC,, 298 F. Supp. 3d 1014 (E.D. Ky. 2018)

. . . . § 843.11(f). . . .

M. L. JOHNSON FAMILY PROPERTIES, LLC, v. JEWELL,, 27 F. Supp. 3d 767 (E.D. Ky. 2014)

. . . . § 843.11(a)(2). . . . is not particularly nuanced: “Defendant suggests that the reference to ‘valid permit’ in 30 C.F.R. § 843.11 . . . conclude that Elk-horn’s mining operation poses an imminent risk of environmental harm, see 30 C.F.R. § 843.11 . . .

SIERRA CLUB v. KEMPTHORNE,, 589 F. Supp. 2d 720 (W.D. Va. 2008)

. . . . § 843.11(a)(2) (2007). . . .

NICOR INTERNATIONAL CORPORATION a k a v. EL PASO CORPORATION f k a El, 318 F. Supp. 2d 1160 (S.D. Fla. 2004)

. . . (escape through negligence of officer); § 843.11, Fla. Stat. . . .

PENNSYLVANIA FEDERATION OF SPORTSMEN S CLUBS, INC. v. E. HESS, A. D. ARIPPA, D. C, 297 F.3d 310 (3d Cir. 2002)

. . . . § 843.11 is even stronger, allowing the OSM to order the cessation of surface mining activity when- . . .

NATIONAL MINING ASSOCIATION, v. UNITED STATES DEPARTMENT OF THE INTERIOR,, 105 F.3d 691 (D.C. Cir. 1997)

. . . See 54 Fed.Reg. 8,982 (1989); see also §§ 773.17(i), 778.10, 778.13, 778.14, 843.11(g) (1995). . . . In addition, both the permit-information rule, 30 C.F.R. §~ 773.17(i), 778.10, 778.13, 778.14, 843.11 . . .

BAILEY v. BOARD OF COUNTY COMMISSIONERS OF ALACHUA COUNTY, FLORIDA, T. L. J. Lu Sr. L., 956 F.2d 1112 (11th Cir. 1992)

. . . Bailey’s arrest report reflects a violation of Florida Statute § 843.11, conveying tools into jail to . . .

INDIANA COAL COUNCIL, INC. v. LUJAN, Jr. NATIONAL TRUST FOR HISTORIC PRESERVATION IN UNITED STATES, v. LUJAN, Jr., 774 F. Supp. 1385 (D.D.C. 1991)

. . . . § 843.11. . . .

PATRICK COAL CORPORATION, v. OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, 661 F. Supp. 380 (W.D. Va. 1987)

. . . which does not create an imminent danger or harm for which a cessation order must be issued under § 843.11 . . .

DARTY DEVELOPMENT COMPANY, INC. v. OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, 632 F. Supp. 627 (N.D. Ala. 1986)

. . . . § 843.11(a)(2) (1985). . . .

JAWARD CORPORATION, v. G. WATT,, 564 F. Supp. 797 (W.D. Va. 1983)

. . . of “Section 521(a)(2) of Public Law 95-87 [the Surface Mining Control and Reclamation Act]; Section 843.11 . . .

STATE v. DARNELL, 335 So. 2d 638 (Fla. Dist. Ct. App. 1976)

. . . Defendants charging them with the offense of Conveying Tools Into Jail, a Violation of Florida Statute 843.11 . . .

HITSON, v. MAYO,, 99 So. 2d 297 (Fla. 1957)

. . . The latter is governed by Sec. 843.12 and the former, by Sec. 843.11, the elements of which can be realigned . . . By collocating the second charge of the information with § 843.11, it is plain that each element of that . . . It is quite true that § 843.11 provides a reduced maximum sentence of one year in the jail “if the person . . . Since we have already stated that the information charged the crime delineated by § 843.11, Florida Statutes . . . S4S.11 and 843.12, Florida Statutes 1953, F.S.A. . “843.11 Conveying tools into jail to aid escape; forcible . . .

LONG, v. STATE, 92 So. 2d 259 (Fla. 1957)

. . . making her escape, * * The Statute under which the information was drawn was the first part of Section 843.11 . . .

W. MOAT, v. MAYO,, 82 So. 2d 591 (Fla. 1955)

. . . grounds that the judgment and two year sentence imposed upon him was void because imposed under Section 843.11 . . .

HITSON, v. MAYO,, 82 So. 2d 591 (Fla. 1955)

. . . grounds that the judgment and five year sentence imposed upon him was void because imposed under Section 843.11 . . .