| 1 | A bill to be entitled |
| 2 | An act relating to lewdness and indecent exposure; |
| 3 | amending ss. 800.02 and 800.03, F.S.; providing enhanced |
| 4 | penalties for offenses involving unnatural and lascivious |
| 5 | acts or exposure or exhibition of sexual organs committed |
| 6 | within a specified distance of certain locations; amending |
| 7 | s. 933.18, F.S.; conforming a provision to the enhancement |
| 8 | of penalties; amending s. 901.15, F.S.; authorizing |
| 9 | warrantless arrest for violations of s. 800.03, F.S.; |
| 10 | providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Section 800.02, Florida Statutes, is amended to |
| 15 | read: |
| 16 | 800.02 Unnatural and lascivious act.-- |
| 17 | (1)(a) Except as provided in paragraph (b), a person who |
| 18 | commits any unnatural and lascivious act with another person |
| 19 | commits a misdemeanor of the second degree, punishable as |
| 20 | provided in s. 775.082 or s. 775.083. |
| 21 | (b) A person who commits any unnatural and lascivious act |
| 22 | with another person on or within 1,000 feet of the real property |
| 23 | comprising: |
| 24 | 1. A child care facility, as defined in s. 402.302, that |
| 25 | is in compliance with the signage requirements of s. |
| 26 | 893.13(1)(c); |
| 27 | 2. A public or private elementary, middle, or secondary |
| 28 | school between the hours of 6 a.m. and 12 midnight; or |
| 29 | 3. A state, county, or municipal park, a public beach, a |
| 30 | community center as defined in s. 893.13(1)(c), or a publicly |
| 31 | owned recreational facility at any time |
| 32 |
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| 33 | commits a felony of the second degree, punishable as provided in |
| 34 | s. 775.082, s. 775.083, or s. 775.084. |
| 35 | (2) A mother's breastfeeding of her baby does not under |
| 36 | any circumstance violate this section. |
| 37 | Section 2. Section 800.03, Florida Statutes, is amended to |
| 38 | read: |
| 39 | 800.03 Exposure of sexual organs.-- |
| 40 | (1)(a) Except as provided in paragraph (b), a person who |
| 41 | exposes or exhibits his or her It is unlawful to expose or |
| 42 | exhibit one's sexual organs in public or on the private premises |
| 43 | of another, or so near thereto as to be seen from such private |
| 44 | premises, in a vulgar or indecent manner, or is to be naked in |
| 45 | public except in any place provided or set apart for that |
| 46 | purpose commits . Violation of this section is a misdemeanor of |
| 47 | the first degree, punishable as provided in s. 775.082 or s. |
| 48 | 775.083. |
| 49 | (b) A person who exposes or exhibits his or her sexual |
| 50 | organs in violation of paragraph (a) on or within 1,000 feet of |
| 51 | the real property comprising: |
| 52 | 1. A child care facility, as defined in s. 402.302, that |
| 53 | is in compliance with the signage requirements of s. |
| 54 | 893.13(1)(c); |
| 55 | 2. A public or private elementary, middle, or secondary |
| 56 | school between the hours of 6 a.m. and 12 midnight; or |
| 57 | 3. A state, county, or municipal park, a public beach, a |
| 58 | community center as defined in s. 893.13(1)(c), or a publicly |
| 59 | owned recreational facility at any time |
| 60 |
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| 61 | commits a felony of the second degree, punishable as provided in |
| 62 | s. 775.082, s. 775.083, or s. 775.084. |
| 63 | (2) A mother's breastfeeding of her baby does not under |
| 64 | any circumstance violate this section. |
| 65 | Section 3. Subsection (7) of section 933.18, Florida |
| 66 | Statutes, is amended to read: |
| 67 | 933.18 When warrant may be issued for search of private |
| 68 | dwelling.--No search warrant shall issue under this chapter or |
| 69 | under any other law of this state to search any private dwelling |
| 70 | occupied as such unless: |
| 71 | (7) One or more of the following misdemeanor child abuse |
| 72 | offenses is being committed there: |
| 73 | (a) Interference with custody, in violation of s. 787.03. |
| 74 | (b) Commission of an unnatural and lascivious act with a |
| 75 | child, in violation of s. 800.02. |
| 76 | (c) Exposure of sexual organs to a child, in violation of |
| 77 | s. 800.03. |
| 78 |
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| 79 | If, during a search pursuant to a warrant issued under this |
| 80 | section, a child is discovered and appears to be in imminent |
| 81 | danger, the law enforcement officer conducting such search may |
| 82 | remove the child from the private dwelling and take the child |
| 83 | into protective custody pursuant to chapter 39. The term |
| 84 | "private dwelling" shall be construed to include the room or |
| 85 | rooms used and occupied, not transiently but solely as a |
| 86 | residence, in an apartment house, hotel, boardinghouse, or |
| 87 | lodginghouse. No warrant shall be issued for the search of any |
| 88 | private dwelling under any of the conditions hereinabove |
| 89 | mentioned except on sworn proof by affidavit of some creditable |
| 90 | witness that he or she has reason to believe that one of said |
| 91 | conditions exists, which affidavit shall set forth the facts on |
| 92 | which such reason for belief is based. |
| 93 | Section 4. Subsection (16) is added to section 901.15, |
| 94 | Florida Statutes, to read: |
| 95 | 901.15 When arrest by officer without warrant is |
| 96 | lawful.--A law enforcement officer may arrest a person without a |
| 97 | warrant when: |
| 98 | (16) There is probable cause to believe that the person |
| 99 | has unlawfully exposed or exhibited his or her sexual organs in |
| 100 | public in violation of s. 800.03. |
| 101 | Section 5. This act shall take effect October 1, 2007. |