Florida Senate - 2019                              CS for SB 828
       
       
        
       By the Committee on Criminal Justice; and Senator Rader
       
       
       
       
       
       591-02644-19                                           2019828c1
    1                        A bill to be entitled                      
    2         An act relating to lewd or lascivious exhibition;
    3         amending s. 800.09, F.S.; prohibiting certain lewd or
    4         lascivious acts in the presence of county correctional
    5         personnel; providing criminal penalties; providing an
    6         effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Section 800.09, Florida Statutes, is amended to
   11  read:
   12         800.09 Lewd or lascivious exhibition in the presence of an
   13  employee.—
   14         (1) As used in this section, the term:
   15         (a) “Employee” means:
   16         1. Any person employed by or performing contractual
   17  services for a public or private entity operating a state
   18  correctional institution or private correctional facility; or
   19         2. Any person employed by or performing contractual
   20  services for the corporation operating the prison industry
   21  enhancement programs or the correctional work programs under
   22  part II of chapter 946;. The term also includes
   23         3. Any person who is a parole examiner with the Florida
   24  Commission on Offender Review; or
   25         4. Any person employed at or performing contractual
   26  services for a county detention facility.
   27         (b) “Facility” means a state correctional institution as
   28  defined in s. 944.02, or a private correctional facility as
   29  defined in s. 944.710, or a county detention facility as defined
   30  in s. 951.23.
   31         (2)(a) A person who is detained in a facility may not:
   32         1. Intentionally masturbate;
   33         2. Intentionally expose the genitals in a lewd or
   34  lascivious manner; or
   35         3. Intentionally commit any other sexual act that does not
   36  involve actual physical or sexual contact with the victim,
   37  including, but not limited to, sadomasochistic abuse, sexual
   38  bestiality, or the simulation of any act involving sexual
   39  activity,
   40  
   41  in the presence of a person he or she knows or reasonably should
   42  know is an employee.
   43         (b) A person who violates paragraph (a) commits lewd or
   44  lascivious exhibition in the presence of an employee, a felony
   45  of the third degree, punishable as provided in s. 775.082, s.
   46  775.083, or s. 775.084.
   47         Section 2. This act shall take effect July 1, 2019.