Senate Bill sb2118

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    Florida Senate - 2001                                  SB 2118

    By Senator Crist





    13-396A-01                                              See HB

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

11

12         Section 1.  Section 847.001, Florida Statutes, is

13  amended to read:

14         847.001  Definitions.--When used in this chapter:

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

16         (2)  "Adult entertainment establishment" means any

17  commercial establishment, business, or service, or portion

18  thereof, which offers sexually oriented material, devices,

19  paraphernalia, or specific sexual activities, services, or

20  performances in any combination or in any other form, whether

21  printed, filmed, recorded, or live. "Adult entertainment

22  establishment" also includes, but is not limited to, the

23  following terms as defined:

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

25  partnership, or business of any kind which restricts or

26  purports to restrict admission only to adults, which has as

27  part of its stock books, magazines, or other periodicals, and

28  which offers, sells, provides, or rents for a fee:

29         1.  Any sexually oriented material;

30         2.  Any sexually oriented material that is available

31  for viewing by patrons on the premises by means of the

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    Florida Senate - 2001                                  SB 2118
    13-396A-01                                              See HB




  1  operation of movie machines, video cassette recorders, or

  2  slide projectors;

  3         3.  Any sexually oriented material that has a

  4  substantial portion of its contents devoted to the pictorial

  5  depiction of sadism, masochism, or bestiality; or

  6         4.  Any sexually oriented material that has as its

  7  principal theme the depiction of sexual activity by, or

  8  lascivious exhibition of, the uncovered genitals, pubic

  9  region, or buttocks of children who are or appear to be under

10  the age of 18.

11         (b)  "Adult motion picture theater" means an enclosed

12  building or an enclosed space within a building used for

13  presenting either films, live plays, dances, or other

14  performances that are distinguished or characterized by an

15  emphasis on matter depicting, describing, or relating to

16  specific sexual activities for observation by patrons.

17         (c)  "Massage establishment" means any business or

18  enterprise that offers, sells, or provides, or that holds

19  itself out as offering, selling, or providing massages that

20  include bathing, physical massage, rubbing, kneading,

21  anointing, stroking, manipulating, or other tactile

22  stimulation of the human body by either male or female

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

24  mechanical device, on or off the premises. "Massage

25  establishment" does not include establishments that routinely

26  provide medical services by state-licensed health care

27  practitioners, electrolysis treatment by licensed operators of

28  electrolysis equipment, or massage by licensed massage

29  therapists.

30         (3)(1)  "Computer" means an electronic, magnetic,

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

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    Florida Senate - 2001                                  SB 2118
    13-396A-01                                              See HB




  1  device performing logical, arithmetic, or storage functions

  2  and includes any data storage facility or communications

  3  facility directly related to or operating in conjunction with

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

  5  Internet service, or local bulletin board; any electronic

  6  storage device, including a floppy disk or other magnetic

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

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

  9         (4)(2)  "Deviate sexual intercourse" means sexual

10  conduct between persons not married to each other consisting

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

12  penis, or the mouth and the vulva.

13         (5)(3)  "Harmful to minors" means that quality of any

14  description, exhibition, presentation, or representation, in

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

16  when it:

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

18  or morbid interest of minors;

19         (b)  Is patently offensive to prevailing standards in

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

21  suitable material for minors; and

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

23  artistic, political, or scientific value for minors.

24

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

26  circumstance "harmful to minors."

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

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

29  submission or subjection to physical pain, suffering,

30  humiliation, torture, or death.

31

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    Florida Senate - 2001                                  SB 2118
    13-396A-01                                              See HB




  1         (7)(4)  "Minor" means any person under the age of 18

  2  years.

  3         (8)(5)  "Nudity" means the showing of the human male or

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

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

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

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

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

  9  breastfeeding of her baby does not under any circumstance

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

11  is covered during or incidental to feeding.

12         (9)(6)  "Person" includes individuals, firms,

13  associations, corporations, and all other groups and

14  combinations.

15         (10)(7)  "Obscene" means the status of material which:

16         (a)  The average person, applying contemporary

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

18  the prurient interest;

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

20  sexual conduct as specifically defined herein; and

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

22  artistic, political, or scientific value.

23

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

25  circumstance "obscene."

26         (11)  "Sadism" means sexual gratification achieved

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

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

29  or death upon another person or an animal.

30         (12)(8)  "Sadomasochistic abuse" means flagellation or

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

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    Florida Senate - 2001                                  SB 2118
    13-396A-01                                              See HB




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

  2  the purpose of deriving sexual satisfaction, or satisfaction

  3  brought about as a result of sadistic violence, from

  4  inflicting harm on another or receiving such harm oneself.

  5         (13)(9)  "Sexual battery" means oral, anal, or vaginal

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

  7  the anal or vaginal penetration of another by any other

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

  9  for a bona fide medical purpose.

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

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

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

13  other.

14         (15)(11)  "Sexual conduct" means actual or simulated

15  sexual intercourse, deviate sexual intercourse, sexual

16  bestiality, masturbation, or sadomasochistic abuse; actual

17  lewd exhibition of the genitals; actual physical contact with

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

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

20  or conduct which constitutes sexual battery or simulates that

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

22  breastfeeding of her baby does not under any circumstance

23  constitute "sexual conduct."

24         (16)(12)  "Sexual excitement" means the condition of

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

26  stimulation or arousal.

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

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

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

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

31  or simulated, involving human beings or human beings and

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    Florida Senate - 2001                                  SB 2118
    13-396A-01                                              See HB




  1  animals, that exhibits uncovered human genitals or the pubic

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

  3  male genitals in a discernibly turgid state, even if

  4  completely and opaquely covered.

  5         (18)(13)  "Simulated" means the explicit depiction of

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

  7  appearance of such conduct and which exhibits any uncovered

  8  portion of the breasts, genitals, or buttocks.

  9         (19)  "Specific sexual activities" includes the

10  following sexual activities and the exhibition of the

11  following anatomical areas:

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

13  or arousal.

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

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

16  representation thereof.

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

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

19         (d)  Less than completely and opaquely covered:

20         1.  Human genitals or the pubic region.

21         2.  Buttocks.

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

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

24  even if completely and opaquely covered.

25         Section 2.  Section 847.0134, Florida Statutes, is

26  created to read:

27         847.0134  Prohibition of adult entertainment

28  establishment or other adult establishment that displays,

29  sells, or distributes materials harmful to minors within 2,500

30  feet of a school.--

31

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    Florida Senate - 2001                                  SB 2118
    13-396A-01                                              See HB




  1         (1)  Except for those establishments in operation on or

  2  before July 1, 2001, an adult entertainment establishment or

  3  other adult establishment that sells, rents, loans,

  4  distributes, transmits, shows, or exhibits any obscene

  5  material, as described in s. 847.0133, or presents live

  6  entertainment or a motion picture, slide, or other exhibit

  7  that, in whole or in part, depicts nudity, sexual conduct,

  8  sexual excitement, sexual battery, sexual bestiality, or

  9  sadomasochistic abuse and that is harmful to minors, as

10  described in s. 847.001, may not be located within 2,500 feet

11  of the real property that comprises a public or private

12  elementary school, middle school, or secondary school unless

13  the county or municipality approves the location under

14  proceedings as provided in s. 125.66(4) for counties or s.

15  166.041(3)(c) for municipalities.

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

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

18  s. 775.083.

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

20

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22                       LEGISLATIVE SUMMARY

23
      Prohibits the location of adult entertainment
24    establishments within a specified distance of a school.
      Adds and revises definitions. Provides an exception.
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