Florida Senate - 2014                                     SB 254
       
       
        
       By Senator Bradley
       
       
       
       
       
       7-00389-14                                             2014254__
    1                        A bill to be entitled                      
    2         An act relating to indecent exposure; amending s.
    3         800.03, F.S.; increasing the classification of second
    4         and subsequent violations of the provision prohibiting
    5         unlawful exposure of sexual organs; amending s.
    6         901.15, F.S.; authorizing an arrest without a warrant
    7         if there is probable cause to believe that a person
    8         has committed an exposure of sexual organs in
    9         violation of specified provisions; providing an
   10         effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 800.03, Florida Statutes, is amended to
   15  read:
   16         800.03 Exposure of sexual organs.—
   17         (1) It is unlawful to expose or exhibit one’s sexual organs
   18  in public or on the private premises of another, or so near
   19  thereto as to be seen from such private premises, in a vulgar or
   20  indecent manner, or to be naked in public except in any place
   21  provided or set apart for that purpose. Violation of this
   22  section is a misdemeanor of the first degree, punishable as
   23  provided in s. 775.082 or s. 775.083. A mother’s breastfeeding
   24  of her baby does not under any circumstance violate this
   25  section.
   26         (2) A person who violates this section commits:
   27         (a) For a first offense, a misdemeanor of the first degree,
   28  punishable as provided in s. 775.082 or s. 775.083.
   29         (b) For a second or subsequent offense, a felony of the
   30  third degree, punishable as provided in s. 775.082, s. 775.083,
   31  or s. 775.084.
   32         Section 2. Paragraph (d) is added to subsection (9) of
   33  section 901.15, Florida Statutes, to read:
   34         901.15 When arrest by officer without warrant is lawful.—A
   35  law enforcement officer may arrest a person without a warrant
   36  when:
   37         (9) There is probable cause to believe that the person has
   38  committed:
   39         (d) An exposure of sexual organs in violation of s. 800.03.
   40         Section 3. This act shall take effect October 1, 2014.