HB 7201

1	A bill to be entitled
2	An act relating to sexual offenses; amending s. 796.07,
3	F.S.; providing enhanced penalties for certain violations
4	committed within a specified distance of certain
5	locations; amending s. 810.14, F.S.; revising the elements
6	of the offense of voyeurism in order to eliminate acts of
7	photographing, filming, videotaping, or recording, which
8	are elements of the separate offense of video voyeurism;
9	providing that a person commits the offense of voyeurism
10	when he or she, with certain intent, secretly observes
11	another person when the other person is in a location that
12	provides a reasonable expectation of privacy; providing an
13	effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Subsection (4) of section 796.07, Florida
18	Statutes, is amended, subsections (5)and (6) of that section are
19	redesignated as subsections (6) and (7), and a new subsection
20	(5) is added to the section to read:
21	796.07  Prohibiting prostitution, etc.; evidence;
22	penalties; definitions.--
23	(4)  Except as provided in subsection (5), a person who
24	violates any provision of this section commits:
25	(a)  A misdemeanor of the second degree for a first
26	violation, punishable as provided in s. 775.082 or s. 775.083.
27	(b)  A misdemeanor of the first degree for a second
28	violation, punishable as provided in s. 775.082 or s. 775.083.
29	(c)  A felony of the third degree for a third or subsequent
30	violation, punishable as provided in s. 775.082, s. 775.083, or
31	s. 775.084.
32	(5)  A person who violates any provision of this section
33	within 1,000 feet of the real property comprising a child care
34	facility as defined in s. 402.302 that is in compliance with the
35	signage requirements for child care facilities in s.
36	893.13(1)(c); a public or private elementary, middle, or
37	secondary school; or a physical place for worship where a church
38	or religious organization regularly conducts religious services;
39	or in, on, or within 1,000 feet of real property comprising a
40	state, county, or municipal park, a community center, or a
41	publicly owned recreational facility, the penalty shall be
42	reclassified as follows:
43	1.  A misdemeanor of the second degree is reclassified to a
44	misdemeanor of the first degree.
45	2.  A misdemeanor of the first degree is reclassified to a
46	felony of the third degree.
47	3.  A felony of the third degree is reclassified to a
48	felony of the second degree.
49	Section 2.  Section 810.14, Florida Statutes, is amended to
50	read:
51	810.14  Voyeurism prohibited; penalties.--
52	(1)  A person commits the offense of voyeurism when he or
53	she, with lewd, lascivious, or indecent intent, secretly
54	observes, photographs, films, videotapes, or records another
55	person when the such other person is located in a dwelling,
56	structure, or conveyance and such location provides a reasonable
57	expectation of privacy.
58	(2)  A person who violates this section commits a
59	misdemeanor of the first degree for the first violation,
60	punishable as provided in s. 775.082 or s. 775.083.
61	(3)  A person who violates this section and who has been
62	previously convicted or adjudicated delinquent two or more times
63	of any violation of this section commits a felony of the third
64	degree, punishable as provided in s. 775.082, s. 775.083, or s.
65	775.084.
66	(4)  For purposes of this section, a person has been
67	previously convicted or adjudicated delinquent of a violation of
68	this section if the violation resulted in a conviction sentenced
69	separately, or an adjudication of delinquency entered
70	separately, prior to the current offense.
71	Section 3.  This act shall take effect July 1, 2006.

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