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A bill to be entitled

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An act relating to lewdness and indecent exposure;

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amending ss. 800.02 and 800.03, F.S.; providing enhanced

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penalties for offenses involving unnatural and lascivious

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acts or exposure or exhibition of sexual organs committed

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within a specified distance of certain locations; amending

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s. 933.18, F.S.; conforming a provision to the enhancement

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of penalties; providing an effective date.

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

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     Section 1.  Section 800.02, Florida Statutes, is amended to

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read:

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     800.02  Unnatural and lascivious act.--

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     (1)(a) Except as provided in paragraph (b), a person who

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commits any unnatural and lascivious act with another person

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commits a misdemeanor of the second degree, punishable as

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provided in s. 775.082 or s. 775.083.

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     (b) A person who commits any unnatural and lascivious act

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with another person on or within 1,000 feet of the real property

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comprising:

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     1. A child care facility, as defined in s. 402.302, which

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is in compliance with the signage requirements of s.

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893.13(1)(c);

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     2. A public or private elementary, middle, or secondary

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school during school hours when children are present; or

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     3. A state, county, or municipal park or beach, a community

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center as defined in s. 893.13(1)(c), or a publicly owned

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recreational facility at any time

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commits a felony of the third degree, punishable as provided in

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s. 775.082, s. 775.083, or s. 775.084.

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     (2) A mother's breastfeeding of her baby does not under any

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circumstance violate this section.

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     Section 2.  Section 800.03, Florida Statutes, is amended to

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read:

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     800.03  Exposure of sexual organs.--

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     (1)(a) Except as provided in paragraph (b), a person who

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exposes or exhibits his or her It is unlawful to expose or

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exhibit one's sexual organs in public or on the private premises

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of another, or so near thereto as to be seen from such private

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premises, in a vulgar or indecent manner, or is to be naked in

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public except in any place provided or set apart for that purpose

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commits. Violation of this section is a misdemeanor of the first

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degree, punishable as provided in s. 775.082 or s. 775.083.

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     (b) A person who exposes or exhibits his or her sexual

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organs in violation of paragraph (a) on or within 1,000 feet of

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the real property comprising:

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     1. A child care facility, as defined in s. 402.302, which

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is in compliance with the signage requirements of s.

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893.13(1)(c);

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     2. A public or private elementary, middle, or secondary

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school during school hours when children are present; or

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     3. A state, county, or municipal park or beach, a community

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center as defined in s. 893.13(1)(c), or a publicly owned

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recreational facility at any time

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commits a misdemeanor of the first degree, punishable as provided

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in s. 775.082, s. 775.083, or s. 775.084.

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     (2) A mother's breastfeeding of her baby does not under any

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circumstance violate this section.

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     Section 3.  Subsection (7) of section 933.18, Florida

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Statutes, is amended to read:

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     933.18  When warrant may be issued for search of private

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dwelling.--No search warrant shall issue under this chapter or

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under any other law of this state to search any private dwelling

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occupied as such unless:

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     (7) One or more of the following misdemeanor child abuse

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offenses is being committed there:

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     (a)  Interference with custody, in violation of s. 787.03.

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     (b)  Commission of an unnatural and lascivious act with a

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child, in violation of s. 800.02.

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     (c)  Exposure of sexual organs to a child, in violation of

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s. 800.03.

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If, during a search pursuant to a warrant issued under this

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section, a child is discovered and appears to be in imminent

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danger, the law enforcement officer conducting such search may

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remove the child from the private dwelling and take the child

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into protective custody pursuant to chapter 39. The term "private

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dwelling" shall be construed to include the room or rooms used

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and occupied, not transiently but solely as a residence, in an

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apartment house, hotel, boardinghouse, or lodginghouse. No

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warrant shall be issued for the search of any private dwelling

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under any of the conditions hereinabove mentioned except on sworn

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proof by affidavit of some creditable witness that he or she has

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reason to believe that one of said conditions exists, which

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affidavit shall set forth the facts on which such reason for

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belief is based.

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     Section 4.  This act shall take effect October 1, 2008.