Senate Bill sb0398

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    Florida Senate - 2004                                   SB 398

    By Senator Miller





    18-602-04

  1                      A bill to be entitled

  2         An act relating to the commercial exploitation

  3         of self-murder; creating s. 782.081, F.S.;

  4         defining the terms "self-murder" and "simulated

  5         self-murder"; prohibiting conducting an event,

  6         promoting or publicizing an event, collecting

  7         admission for an event, or providing a location

  8         for an event during which the act of

  9         self-murder is a part of the event; providing

10         an exception for events in which simulated

11         self-murder is conducted; providing that a

12         violation of the act is a third-degree felony;

13         authorizing the Attorney General and state

14         attorneys to enforce the act through civil

15         proceedings; providing an effective date.

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

18  

19         Section 1.  Section 782.081, Florida Statutes, is

20  created to read:

21         782.081  Commercial exploitation of self-murder.--

22         (1)  As used in this section, the term:

23         (a)  "Self-murder" means the voluntary and intentional

24  taking of one's own life. As used in this section, the term

25  includes attempted self-murder.

26         (b)  "Simulated self-murder" means the artistic

27  depiction or portrayal of self-murder which is not an actual

28  self-murder. The term includes, but is not limited to, an

29  artistic depiction or portrayal of self-murder in a script,

30  play, movie, or story presented to the public or during an

31  

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    Florida Senate - 2004                                   SB 398
    18-602-04




 1  event for which the public has been informed that the

 2  depiction or portrayal will not be an actual self-murder.

 3         (2)  A person may not for commercial or entertainment

 4  purposes:

 5         (a)  Conduct any event that the person knows or

 6  reasonably should know includes an actual self-murder as a

 7  part of the event.

 8         (b)  Promote or publicize any event that the person

 9  knows or reasonably should know includes an actual self-murder

10  as a part of the event.

11         (c)  Collect an admission fee or accept anything of

12  value for admission to any event that the person knows or

13  reasonably should know includes an actual self-murder as a

14  part of the event.

15         (d)  Provide a theater, auditorium, club, or other

16  venue or location for any event that the person knows or

17  reasonably should know includes an actual self-murder as a

18  part of the event.

19         (3)  This section does not prohibit any event during

20  which simulated self-murder will occur.

21         (4)  It is not a defense to a prosecution under this

22  section that an attempted self-murder did not result in a

23  self-murder.

24         (5)  A person who violates this section commits a

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

26  775.082, s. 775.083, or s. 774.084.

27         (6)  The Attorney General or any state attorney may

28  bring a civil proceeding for declaratory, injunctive, or other

29  relief to enforce the provisions of this section.

30         Section 2.  This act shall take effect upon becoming a

31  law.

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    Florida Senate - 2004                                   SB 398
    18-602-04




 1            *****************************************

 2                          SENATE SUMMARY

 3    Defines "self-murder" and "simulated self-murder."
      Prohibits for commercial or entertainment purposes,
 4    conducting, promoting or publicizing, collecting
      admission for, or providing a location for an event
 5    during which the act of self-murder is a part of the
      event. Provides an exception for events in which
 6    simulated self-murder is conducted. Provides that a
      violation of the act is a third-degree felony. Authorizes
 7    the Attorney General and state attorneys to enforce the
      act through civil proceedings.
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