House Bill hb1777e1

CODING: Words stricken are deletions; words underlined are additions.




                                          HB 1777, First Engrossed



  1                      A bill to be entitled

  2         An act relating to educational facilities;

  3         amending s. 847.001, F.S.; adding and revising

  4         definitions; creating s. 847.0134, F.S.;

  5         prohibiting the location of adult entertainment

  6         establishments within a specified distance of a

  7         school; providing a criminal penalty; providing

  8         an exception; providing an effective date.

  9

10         WHEREAS, based upon the experience and research of

11  other counties and cities and the personal observation of the

12  legislators in their own districts, the Legislature finds that

13  adult entertainment establishments cause adverse affects in

14  and around these establishments, and

15         WHEREAS, relevant studies demonstrate a significant

16  increase in crime in areas where adult entertainment

17  establishments are located, and

18         WHEREAS, the United States Supreme Court has recognized

19  the adverse secondary effects caused by adult entertainment

20  establishments in Renton v. Playtime Theatres, 475 U.S. 41

21  (1986) and Erie v. Pap's, 529 U.S. 277 (2000), and

22         WHEREAS, prohibiting adult entertainment establishments

23  that show or exhibit material obscene or harmful to minors

24  near public or private elementary schools, middle schools, or

25  secondary schools will serve to protect minors from the

26  adverse effects of the activities that accompany such

27  establishments, and

28         WHEREAS, the Legislature does not intend to impinge on

29  the First Amendment rights of free speech by limiting the

30  location of these establishments to keep them away from

31  schools where minors will be present, NOW, THEREFORE,


                                  1

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 1777, First Engrossed



  1  Be It Enacted by the Legislature of the State of Florida:

  2

  3         Section 1.  Section 847.001, Florida Statutes, is

  4  amended to read:

  5         847.001  Definitions.--When used in this chapter:

  6         (1)  "Adult" means a person 18 years of age or older.

  7         (2)  "Adult entertainment establishment" means the

  8  following terms as defined:

  9         (a)  "Adult bookstore" means any corporation,

10  partnership, or business of any kind that restricts or

11  purports to restrict admission only to adults, that has as

12  part of its stock books, magazines, or other periodicals or

13  videos, discs, or other graphic media, and that offers, sells,

14  provides, or rents for a fee any sexually oriented material.

15         (b)  "Adult theater" means an enclosed building or an

16  enclosed space within a building used for presenting either

17  films, live plays, dances, or other performances that are

18  distinguished or characterized by an emphasis on matter

19  depicting, describing, or relating to specific sexual

20  activities for observation by patrons and that restricts or

21  purports to restrict admission only to adults.

22         (c)  "Unlicensed massage establishment" means any

23  business or enterprise that offers, sells, or provides, or

24  that holds itself out as offering, selling, or providing

25  massages, that include bathing, physical massage, rubbing,

26  kneading, anointing, stroking, manipulating, or other tactile

27  stimulation of the human body by either male or female

28  employees or attendants, by hand or by any electrical or

29  mechanical device, on or off the premises.  "Unlicensed

30  massage establishment" does not include establishments

31  licensed under s. 480.043 that routinely provide medical


                                  2

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 1777, First Engrossed



  1  services by state-licensed health care practitioners and

  2  massage therapists licensed under s. 480.041.

  3         (d)  "Special cabaret" means any business that features

  4  persons who engage in specific sexual activities for

  5  observation by patrons, and that restricts or purports to

  6  restrict admission only to adults.

  7         (3)(1)  "Computer" means an electronic, magnetic,

  8  optical, electrochemical, or other high-speed data processing

  9  device performing logical, arithmetic, or storage functions

10  and includes any data storage facility or communications

11  facility directly related to or operating in conjunction with

12  such device. The term also includes: any on-line service,

13  Internet service, or local bulletin board; any electronic

14  storage device, including a floppy disk or other magnetic

15  storage device; or any compact disc that has read-only memory

16  and the capacity to store audio, video, or written materials.

17         (4)(2)  "Deviate sexual intercourse" means sexual

18  conduct between persons not married to each other consisting

19  of contact between the penis and the anus, the mouth and the

20  penis, or the mouth and the vulva.

21         (5)(3)  "Harmful to minors" means that quality of any

22  description, exhibition, presentation, or representation, in

23  whatever form, of nudity, sexual conduct, or sexual excitement

24  when it:

25         (a)  Predominantly appeals to the prurient, shameful,

26  or morbid interest of minors;

27         (b)  Is patently offensive to prevailing standards in

28  the adult community as a whole with respect to what is

29  suitable material for minors; and

30         (c)  Taken as a whole, is without serious literary,

31  artistic, political, or scientific value for minors.


                                  3

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 1777, First Engrossed



  1

  2  A mother's breastfeeding of her baby is not under any

  3  circumstance "harmful to minors."

  4         (6)  "Masochism" means sexual gratification achieved by

  5  a person through, or the association of sexual activity with,

  6  submission or subjection to physical pain, suffering,

  7  humiliation, torture, or death.

  8         (7)(4)  "Minor" means any person under the age of 18

  9  years.

10         (8)(5)  "Nudity" means the showing of the human male or

11  female genitals, pubic area, or buttocks with less than a

12  fully opaque covering; or the showing of the female breast

13  with less than a fully opaque covering of any portion thereof

14  below the top of the nipple; or the depiction of covered male

15  genitals in a discernibly turgid state.  A mother's

16  breastfeeding of her baby does not under any circumstance

17  constitute "nudity," irrespective of whether or not the nipple

18  is covered during or incidental to feeding.

19         (9)(6)  "Person" includes individuals, firms,

20  associations, corporations, and all other groups and

21  combinations.

22         (10)(7)  "Obscene" means the status of material which:

23         (a)  The average person, applying contemporary

24  community standards, would find, taken as a whole, appeals to

25  the prurient interest;

26         (b)  Depicts or describes, in a patently offensive way,

27  sexual conduct as specifically defined herein; and

28         (c)  Taken as a whole, lacks serious literary,

29  artistic, political, or scientific value.

30

31


                                  4

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 1777, First Engrossed



  1  A mother's breastfeeding of her baby is not under any

  2  circumstance "obscene."

  3         (11)  "Sadism" means sexual gratification achieved

  4  through, or the association of sexual activity with, the

  5  infliction of physical pain, suffering, humiliation, torture,

  6  or death upon another person or an animal.

  7         (12)(8)  "Sadomasochistic abuse" means flagellation or

  8  torture by or upon a person or animal, or the condition of

  9  being fettered, bound, or otherwise physically restrained, for

10  the purpose of deriving sexual satisfaction, or satisfaction

11  brought about as a result of sadistic violence, from

12  inflicting harm on another or receiving such harm oneself.

13         (13)(9)  "Sexual battery" means oral, anal, or vaginal

14  penetration by, or union with, the sexual organ of another or

15  the anal or vaginal penetration of another by any other

16  object; however, "sexual battery" does not include an act done

17  for a bona fide medical purpose.

18         (14)(10)  "Sexual bestiality" means any sexual act,

19  actual or simulated, between a person and an animal involving

20  the sex organ of the one and the mouth, anus, or vagina of the

21  other.

22         (15)(11)  "Sexual conduct" means actual or simulated

23  sexual intercourse, deviate sexual intercourse, sexual

24  bestiality, masturbation, or sadomasochistic abuse; actual

25  lewd exhibition of the genitals; actual physical contact with

26  a person's clothed or unclothed genitals, pubic area,

27  buttocks, or, if such person is a female, breast; or any act

28  or conduct which constitutes sexual battery or simulates that

29  sexual battery is being or will be committed.  A mother's

30  breastfeeding of her baby does not under any circumstance

31  constitute "sexual conduct."


                                  5

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 1777, First Engrossed



  1         (16)(12)  "Sexual excitement" means the condition of

  2  the human male or female genitals when in a state of sexual

  3  stimulation or arousal.

  4         (17)  "Sexually oriented material" means any book,

  5  article, magazine, publication, or written matter of any kind

  6  or any drawing, etching, painting, photograph, motion picture

  7  film, or sound recording that depicts sexual activity, actual

  8  or simulated, involving human beings or human beings and

  9  animals, that exhibits uncovered human genitals or the pubic

10  region in a lewd or lascivious manner, or that exhibits human

11  male genitals in a discernibly turgid state, even if

12  completely and opaquely covered.

13         (18)(13)  "Simulated" means the explicit depiction of

14  conduct described in subsection (15) (11) which creates the

15  appearance of such conduct and which exhibits any uncovered

16  portion of the breasts, genitals, or buttocks.

17         (19)  "Specific sexual activities" includes the

18  following sexual activities and the exhibition of the

19  following anatomical areas:

20         (a)  Human genitals in the state of sexual stimulation

21  or arousal.

22         (b)  Acts of human masturbation, sexual intercourse,

23  sodomy, cunnilingus, fellatio, or any excretory function, or

24  representation thereof.

25         (c)  The fondling or erotic touching of human genitals,

26  the pubic region, the buttocks, or the female breasts.

27         (d)  Less than completely and opaquely covered:

28         1.  Human genitals or the pubic region.

29         2.  Buttocks.

30         3.  Female breasts below the top of the areola.

31


                                  6

CODING: Words stricken are deletions; words underlined are additions.






                                          HB 1777, First Engrossed



  1         4.  Human male genitals in a discernably turgid state,

  2  even if completely and opaquely covered.

  3         Section 2.  Section 847.0134, Florida Statutes, is

  4  created to read:

  5         847.0134  Prohibition of adult entertainment

  6  establishment that displays, sells, or distributes materials

  7  harmful to minors within 2,500 feet a school.--

  8         (1)  Except for those establishments that are legally

  9  operating or have been granted a permit from a local

10  government to operate as an adult entertainment establishment

11  on or before July 1, 2001, an adult entertainment

12  establishment that sells, rents, loans, distributes,

13  transmits, shows, or exhibits any obscene material, as

14  described in s. 847.0133, or presents live entertainment or a

15  motion picture, slide, or other exhibit that, in whole or in

16  part, depicts nudity, sexual conduct, sexual excitement,

17  sexual battery, sexual bestiality, or sadomasochistic abuse

18  and that is harmful to minors, as described in s. 847.001, may

19  not be located within 2,500 feet of the real property that

20  comprises a public or private elementary school, middle

21  school, or secondary school unless the county or municipality

22  approves the location under proceedings as provided in s.

23  125.66(4) for counties or s. 166.041(3)(c) for municipalities.

24         (2)  A violation of this section constitutes a felony

25  of the third degree, punishable as provided in s. 775.082 or

26  s. 775.083.

27         Section 3.  This act shall take effect July 1, 2001.

28

29

30

31


                                  7

CODING: Words stricken are deletions; words underlined are additions.