Florida Senate - 2020                             CS for SB 1018
       
       
        
       By the Committee on Criminal Justice; and Senator Stewart
       
       
       
       
       
       591-03076-20                                          20201018c1
    1                        A bill to be entitled                      
    2         An act relating to exposure of sexual organs; amending
    3         s. 800.03; increasing criminal penalties for exposure
    4         of sexual organs for a second or subsequent offense;
    5         providing exceptions; amending s. 901.15, F.S.;
    6         authorizing warrantless arrests when a law enforcement
    7         officer has probable cause to believe that a person
    8         has violated s. 800.03, F.S.; providing an effective
    9         date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 800.03, Florida Statutes, is amended to
   14  read:
   15         800.03 Exposure of sexual organs.—
   16         (1) It is unlawful to expose or exhibit one’s sexual organs
   17  in public or on the private premises of another, or so near
   18  thereto as to be seen from such private premises, in a vulgar or
   19  indecent manner, or to be naked in public except in any place
   20  provided or set apart for that purpose.
   21         (2)(a) Except as provided in paragraph (b), a violation of
   22  this section is a misdemeanor of the first degree, punishable as
   23  provided in s. 775.082 or s. 775.083.
   24         (b) A second or subsequent violation of this section is a
   25  felony of the third degree, punishable as provided in s.
   26  775.082, s. 775.083, or s. 775.084.
   27         (3) The exposure of sexual organs by any of the following
   28  does not violate subsection (1):
   29         (a) A mother’s breastfeeding of her baby;
   30         (b) An individual who is merely naked at any place provided
   31  or set apart for that purpose, including, but not limited to, a
   32  clothing-optional beach; or
   33         (c) An inmate incarcerated at a state correctional
   34  institution or local detention facility does not under any
   35  circumstance violate this section.
   36         Section 2. Subsection (9) of section 901.15, Florida
   37  Statutes, is amended to read
   38         901.15 When arrest by officer without warrant is lawful.—A
   39  law enforcement officer may arrest a person without a warrant
   40  when:
   41         (9) There is probable cause to believe that the person has
   42  committed:
   43         (a) Any battery upon another person, as defined in s.
   44  784.03.
   45         (b) An act of criminal mischief or a graffiti-related
   46  offense as described in s. 806.13.
   47         (c) A violation of a safety zone, security zone, regulated
   48  navigation area, or naval vessel protection zone as described in
   49  s. 327.461.
   50         (d) A racing violation as described in s. 316.191(2).
   51         (e) An exposure of sexual organs in violation of s. 800.03.
   52         Section 3. This act shall take effect October 1, 2020.