HOUSE AMENDMENT
    583-218AXA-22                                 Bill No. HB 1777
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5                                           ORIGINAL STAMP BELOW
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Representative(s) Murman offered the following:
12  
13         Amendment (with title amendment) 
14  Remove from the bill:  Everything after the enacting clause
15  
16  and insert in lieu thereof:  
17         Section 1.  Section 847.001, Florida Statutes, is
18  amended to read:
19         847.001  Definitions.--When used in this chapter:
20         (1)  "Adult" means a person 18 years of age or older.
21         (2)  "Adult entertainment establishment" means the
22  following terms as defined:
23         (a)  "Adult bookstore" means any corporation,
24  partnership, or business of any kind that restricts or
25  purports to restrict admission only to adults, that has as
26  part of its stock books, magazines, or other periodicals or
27  videos, discs, or other graphic media, and that offers, sells,
28  provides, or rents for a fee any sexually oriented material.
29         (b)  "Adult theater" means an enclosed building or an
30  enclosed space within a building used for presenting either
31  films, live plays, dances, or other performances that are
                                  1
    File original & 9 copies    04/25/01                          
    hbd0005                     09:06 am         01777-0056-063563

HOUSE AMENDMENT 583-218AXA-22 Bill No. HB 1777 Amendment No. ___ (for drafter's use only) 1 distinguished or characterized by an emphasis on matter 2 depicting, describing, or relating to specific sexual 3 activities for observation by patrons and that restricts or 4 purports to restrict admission only to adults. 5 (c) "Unlicensed massage establishment" means any 6 business or enterprise that offers, sells, or provides, or 7 that holds itself out as offering, selling, or providing 8 massages, that include bathing, physical massage, rubbing, 9 kneading, anointing, stroking, manipulating, or other tactile 10 stimulation of the human body by either male or female 11 employees or attendants, by hand or by any electrical or 12 mechanical device, on or off the premises. "Unlicensed 13 massage establishment" does not include establishments 14 licensed under s. 480.043 that routinely provide medical 15 services by state-licensed health care practitioners and 16 massage therapists licensed under s. 480.041. 17 (d) "Special cabaret" means any business that features 18 persons who engage in specific sexual activities for 19 observation by patrons, and that restricts or purports to 20 restrict admission only to adults. 21 (3)(1) "Computer" means an electronic, magnetic, 22 optical, electrochemical, or other high-speed data processing 23 device performing logical, arithmetic, or storage functions 24 and includes any data storage facility or communications 25 facility directly related to or operating in conjunction with 26 such device. The term also includes: any on-line service, 27 Internet service, or local bulletin board; any electronic 28 storage device, including a floppy disk or other magnetic 29 storage device; or any compact disc that has read-only memory 30 and the capacity to store audio, video, or written materials. 31 (4)(2) "Deviate sexual intercourse" means sexual 2 File original & 9 copies 04/25/01 hbd0005 09:06 am 01777-0056-063563
HOUSE AMENDMENT 583-218AXA-22 Bill No. HB 1777 Amendment No. ___ (for drafter's use only) 1 conduct between persons not married to each other consisting 2 of contact between the penis and the anus, the mouth and the 3 penis, or the mouth and the vulva. 4 (5)(3) "Harmful to minors" means that quality of any 5 description, exhibition, presentation, or representation, in 6 whatever form, of nudity, sexual conduct, or sexual excitement 7 when it: 8 (a) Predominantly appeals to the prurient, shameful, 9 or morbid interest of minors; 10 (b) Is patently offensive to prevailing standards in 11 the adult community as a whole with respect to what is 12 suitable material for minors; and 13 (c) Taken as a whole, is without serious literary, 14 artistic, political, or scientific value for minors. 15 16 A mother's breastfeeding of her baby is not under any 17 circumstance "harmful to minors." 18 (6) "Masochism" means sexual gratification achieved by 19 a person through, or the association of sexual activity with, 20 submission or subjection to physical pain, suffering, 21 humiliation, torture, or death. 22 (7)(4) "Minor" means any person under the age of 18 23 years. 24 (8)(5) "Nudity" means the showing of the human male or 25 female genitals, pubic area, or buttocks with less than a 26 fully opaque covering; or the showing of the female breast 27 with less than a fully opaque covering of any portion thereof 28 below the top of the nipple; or the depiction of covered male 29 genitals in a discernibly turgid state. A mother's 30 breastfeeding of her baby does not under any circumstance 31 constitute "nudity," irrespective of whether or not the nipple 3 File original & 9 copies 04/25/01 hbd0005 09:06 am 01777-0056-063563
HOUSE AMENDMENT 583-218AXA-22 Bill No. HB 1777 Amendment No. ___ (for drafter's use only) 1 is covered during or incidental to feeding. 2 (9)(6) "Person" includes individuals, firms, 3 associations, corporations, and all other groups and 4 combinations. 5 (10)(7) "Obscene" means the status of material which: 6 (a) The average person, applying contemporary 7 community standards, would find, taken as a whole, appeals to 8 the prurient interest; 9 (b) Depicts or describes, in a patently offensive way, 10 sexual conduct as specifically defined herein; and 11 (c) Taken as a whole, lacks serious literary, 12 artistic, political, or scientific value. 13 14 A mother's breastfeeding of her baby is not under any 15 circumstance "obscene." 16 (11) "Sadism" means sexual gratification achieved 17 through, or the association of sexual activity with, the 18 infliction of physical pain, suffering, humiliation, torture, 19 or death upon another person or an animal. 20 (12)(8) "Sadomasochistic abuse" means flagellation or 21 torture by or upon a person or animal, or the condition of 22 being fettered, bound, or otherwise physically restrained, for 23 the purpose of deriving sexual satisfaction, or satisfaction 24 brought about as a result of sadistic violence, from 25 inflicting harm on another or receiving such harm oneself. 26 (13)(9) "Sexual battery" means oral, anal, or vaginal 27 penetration by, or union with, the sexual organ of another or 28 the anal or vaginal penetration of another by any other 29 object; however, "sexual battery" does not include an act done 30 for a bona fide medical purpose. 31 (14)(10) "Sexual bestiality" means any sexual act, 4 File original & 9 copies 04/25/01 hbd0005 09:06 am 01777-0056-063563
HOUSE AMENDMENT 583-218AXA-22 Bill No. HB 1777 Amendment No. ___ (for drafter's use only) 1 actual or simulated, between a person and an animal involving 2 the sex organ of the one and the mouth, anus, or vagina of the 3 other. 4 (15)(11) "Sexual conduct" means actual or simulated 5 sexual intercourse, deviate sexual intercourse, sexual 6 bestiality, masturbation, or sadomasochistic abuse; actual 7 lewd exhibition of the genitals; actual physical contact with 8 a person's clothed or unclothed genitals, pubic area, 9 buttocks, or, if such person is a female, breast; or any act 10 or conduct which constitutes sexual battery or simulates that 11 sexual battery is being or will be committed. A mother's 12 breastfeeding of her baby does not under any circumstance 13 constitute "sexual conduct." 14 (16)(12) "Sexual excitement" means the condition of 15 the human male or female genitals when in a state of sexual 16 stimulation or arousal. 17 (17) "Sexually oriented material" means any book, 18 article, magazine, publication, or written matter of any kind 19 or any drawing, etching, painting, photograph, motion picture 20 film, or sound recording that depicts sexual activity, actual 21 or simulated, involving human beings or human beings and 22 animals, that exhibits uncovered human genitals or the pubic 23 region in a lewd or lascivious manner, or that exhibits human 24 male genitals in a discernibly turgid state, even if 25 completely and opaquely covered. 26 (18)(13) "Simulated" means the explicit depiction of 27 conduct described in subsection (15) (11) which creates the 28 appearance of such conduct and which exhibits any uncovered 29 portion of the breasts, genitals, or buttocks. 30 (19) "Specific sexual activities" includes the 31 following sexual activities and the exhibition of the 5 File original & 9 copies 04/25/01 hbd0005 09:06 am 01777-0056-063563
HOUSE AMENDMENT 583-218AXA-22 Bill No. HB 1777 Amendment No. ___ (for drafter's use only) 1 following anatomical areas: 2 (a) Human genitals in the state of sexual stimulation 3 or arousal. 4 (b) Acts of human masturbation, sexual intercourse, 5 sodomy, cunnilingus, fellatio, or any excretory function, or 6 representation thereof. 7 (c) The fondling or erotic touching of human genitals, 8 the pubic region, the buttocks, or the female breasts. 9 (d) Less than completely and opaquely covered: 10 1. Human genitals or the pubic region. 11 2. Buttocks. 12 3. Female breasts below the top of the areola. 13 4. Human male genitals in a discernably turgid state, 14 even if completely and opaquely covered. 15 Section 2. Section 847.0134, Florida Statutes, is 16 created to read: 17 847.0134 Prohibition of adult entertainment 18 establishment that displays, sells, or distributes materials 19 harmful to minors within 2,500 feet a school.-- 20 (1) Except for those establishments that are legally 21 operating or have been granted a permit from a local 22 government to operate as an adult entertainment establishment 23 on or before July 1, 2001, an adult entertainment 24 establishment that sells, rents, loans, distributes, 25 transmits, shows, or exhibits any obscene material, as 26 described in s. 847.0133, or presents live entertainment or a 27 motion picture, slide, or other exhibit that, in whole or in 28 part, depicts nudity, sexual conduct, sexual excitement, 29 sexual battery, sexual bestiality, or sadomasochistic abuse 30 and that is harmful to minors, as described in s. 847.001, may 31 not be located within 2,500 feet of the real property that 6 File original & 9 copies 04/25/01 hbd0005 09:06 am 01777-0056-063563
HOUSE AMENDMENT 583-218AXA-22 Bill No. HB 1777 Amendment No. ___ (for drafter's use only) 1 comprises a public or private elementary school, middle 2 school, or secondary school unless the county or municipality 3 approves the location under proceedings as provided in s. 4 125.66(4) for counties or s. 166.041(3)(c) for municipalities. 5 (2) A violation of this section constitutes a felony 6 of the third degree, punishable as provided in s. 775.082 or 7 s. 775.083. 8 Section 3. This act shall take effect July 1, 2001. 9 10 11 ================ T I T L E A M E N D M E N T =============== 12 And the title is amended as follows: 13 On page 1, line 9, 14 15 insert: 16 WHEREAS, based upon the experience and research of 17 other counties and cities and the personal observation of the 18 legislators in their own districts, the Legislature finds that 19 adult entertainment establishments cause adverse affects in 20 and around these establishments, and 21 WHEREAS, relevant studies demonstrate a significant 22 increase in crime in areas where adult entertainment 23 establishments are located, and 24 WHEREAS, the United States Supreme Court has recognized 25 the adverse secondary effects caused by adult entertainment 26 establishments in Renton v. Playtime Theatres, 475 U.S. 41 27 (1986) and Erie v. Pap's, 529 U.S. 277 (2000), and 28 WHEREAS, prohibiting adult entertainment establishments 29 that show or exhibit material obscene or harmful to minors 30 near public or private elementary schools, middle schools, or 31 secondary schools will serve to protect minors from the 7 File original & 9 copies 04/25/01 hbd0005 09:06 am 01777-0056-063563
HOUSE AMENDMENT 583-218AXA-22 Bill No. HB 1777 Amendment No. ___ (for drafter's use only) 1 adverse effects of the activities that accompany such 2 establishments, and 3 WHEREAS, the Legislature does not intend to impinge on 4 the First Amendment rights of free speech by limiting the 5 location of these establishments to keep them away from 6 schools where minors will be present, NOW, THEREFORE, 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 8 File original & 9 copies 04/25/01 hbd0005 09:06 am 01777-0056-063563