HB 801

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 third and subsequent violations of specified
5	provisions; providing enhanced penalties for offenses
6	involving unnatural and lascivious acts or exposure or
7	exhibition of sexual organs committed within a specified
8	distance of certain locations; amending s. 933.18, F.S.;
9	conforming a provision to the enhancement of penalties;
10	amending s. 901.15, F.S.; authorizing warrantless arrest
11	for violations of s. 800.03, F.S.; providing an effective
12	date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1.  Section 800.02, Florida Statutes, is amended to
17	read:
18	800.02  Unnatural and lascivious act.--
19	(1)(a)1.  Except as provided in paragraph (b), a person who
20	commits any unnatural and lascivious act with another person
21	commits a misdemeanor of the second degree, punishable as
22	provided in s. 775.082 or s. 775.083.
23	2.  Any person who violates subparagraph 1. and who has
24	twice previously been convicted of a violation of subparagraph
25	1. or s. 800.03(1)(a)1. commits a felony of the third degree,
26	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
27	(b)  A person who commits any unnatural and lascivious act
28	with another person on or within 1,000 feet of the real property
29	comprising:
30	1.  A child care facility, as defined in s. 402.302, that
31	is in compliance with the signage requirements of s.
32	893.13(1)(c);
33	2.  A public or private elementary, middle, or secondary
34	school between the hours of 6 a.m. and 12 midnight; or
35	3.  A state, county, or municipal park, a public beach, a
36	community center as defined in s. 893.13(1)(c), or a publicly
37	owned recreational facility at any time
38
39	commits a felony of the third degree, punishable as provided in
40	s. 775.082, s. 775.083, or s. 775.084.
41	(2)  A mother's breastfeeding of her baby does not under
42	any circumstance violate this section.
43	Section 2.  Section 800.03, Florida Statutes, is amended to
44	read:
45	800.03  Exposure of sexual organs.--
46	(1)(a)1.  Except as provided in paragraph (b), a person who
47	exposes or exhibits his or her It is unlawful to expose or
48	exhibit one's sexual organs in public or on the private premises
49	of another, or so near thereto as to be seen from such private
50	premises, in a vulgar or indecent manner, or is to be naked in
51	public except in any place provided or set apart for that
52	purpose commits . Violation of this section is a misdemeanor of
53	the first degree, punishable as provided in s. 775.082 or s.
54	775.083.
55	2.  Any person who violates subparagraph 1. and who has
56	twice previously been convicted of a violation of subparagraph
57	1. or s. 800.02(1)(a)1. commits a felony of the third degree,
58	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
59	(b)  A person who exposes or exhibits his or her sexual
60	organs in violation of paragraph (a) on or within 1,000 feet of
61	the real property comprising:
62	1.  A child care facility, as defined in s. 402.302, that
63	is in compliance with the signage requirements of s.
64	893.13(1)(c);
65	2.  A public or private elementary, middle, or secondary
66	school between the hours of 6 a.m. and 12 midnight; or
67	3.  A state, county, or municipal park, a public beach, a
68	community center as defined in s. 893.13(1)(c), or a publicly
69	owned recreational facility at any time
70
71	commits a felony of the third degree, punishable as provided in
72	s. 775.082, s. 775.083, or s. 775.084.
73	(2)  A mother's breastfeeding of her baby does not under
74	any circumstance violate this section.
75	Section 3.  Subsection (7) of section 933.18, Florida
76	Statutes, is amended to read:
77	933.18  When warrant may be issued for search of private
78	dwelling.--No search warrant shall issue under this chapter or
79	under any other law of this state to search any private dwelling
80	occupied as such unless:
81	(7)  One or more of the following misdemeanor child abuse
82	offenses is being committed there:
83	(a)  Interference with custody, in violation of s. 787.03.
84	(b)  Commission of an unnatural and lascivious act with a
85	child, in violation of s. 800.02.
86	(c)  Exposure of sexual organs to a child, in violation of
87	s. 800.03.
88
89	If, during a search pursuant to a warrant issued under this
90	section, a child is discovered and appears to be in imminent
91	danger, the law enforcement officer conducting such search may
92	remove the child from the private dwelling and take the child
93	into protective custody pursuant to chapter 39. The term
94	"private dwelling" shall be construed to include the room or
95	rooms used and occupied, not transiently but solely as a
96	residence, in an apartment house, hotel, boardinghouse, or
97	lodginghouse. No warrant shall be issued for the search of any
98	private dwelling under any of the conditions hereinabove
99	mentioned except on sworn proof by affidavit of some creditable
100	witness that he or she has reason to believe that one of said
101	conditions exists, which affidavit shall set forth the facts on
102	which such reason for belief is based.
103	Section 4.  Subsection (16) is added to section 901.15,
104	Florida Statutes, to read:
105	901.15  When arrest by officer without warrant is
106	lawful.--A law enforcement officer may arrest a person without a
107	warrant when:
108	(16)  There is probable cause to believe that the person
109	has unlawfully exposed or exhibited his or her sexual organs in
110	public in violation of s. 800.03.
111	Section 5.  This act shall take effect October 1, 2008.

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