| 1 | A bill to be entitled |
| 2 | An act relating to unnatural and lascivious acts; amending |
| 3 | s. 800.02, F.S.; providing enhanced penalties for third |
| 4 | and subsequent violations of specified provisions; |
| 5 | providing enhanced penalties for offenses involving |
| 6 | unnatural and lascivious acts committed within a specified |
| 7 | distance of certain locations; providing an effective |
| 8 | date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Section 800.02, Florida Statutes, is amended to |
| 13 | read: |
| 14 | 800.02 Unnatural and lascivious act.-- |
| 15 | (1)(a)1. Except as provided in paragraph (b), a person who |
| 16 | commits any unnatural and lascivious act with another person |
| 17 | commits a misdemeanor of the second degree, punishable as |
| 18 | provided in s. 775.082 or s. 775.083. |
| 19 | 2. Any person who violates subparagraph 1. and who has |
| 20 | twice previously been convicted of a violation of subparagraph |
| 21 | 1. or s. 800.03 commits a felony of the third degree, punishable |
| 22 | as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 23 | (b) A person who commits any unnatural and lascivious act |
| 24 | with another person on or within 1,000 feet of the real property |
| 25 | comprising: |
| 26 | 1. A child care facility, as defined in s. 402.302, that |
| 27 | is in compliance with the signage requirements of s. |
| 28 | 893.13(1)(c); |
| 29 | 2. A public or private elementary, middle, or secondary |
| 30 | school between the hours of 6 a.m. and 12 midnight; or |
| 31 | 3. A state, county, or municipal park, a public beach, a |
| 32 | community center as defined in s. 893.13(1)(c), or a publicly |
| 33 | owned recreational facility at any time |
| 34 | |
| 35 | commits a felony of the third degree, punishable as provided in |
| 36 | s. 775.082, s. 775.083, or s. 775.084. |
| 37 | (2) A mother's breastfeeding of her baby does not under |
| 38 | any circumstance violate this section. |
| 39 | Section 2. This act shall take effect October 1, 2008. |