CS for SB 1018                                   First Engrossed
       
       
       
       
       
       
       
       
       20201018e1
       
    1                        A bill to be entitled                      
    2         An act relating to exposure of sexual organs; amending
    3         s. 800.03, F.S; increasing criminal penalties for
    4         exposure of sexual organs for a second or subsequent
    5         offense; providing an exception to the unlawful
    6         exposure of sexual organs; amending s. 901.15, F.S.;
    7         authorizing warrantless arrests when a law enforcement
    8         officer has probable cause to believe that a person
    9         has violated s. 800.03, F.S.; providing an effective
   10         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) A person commits unlawful exposure of sexual organs by:
   18         (a) Exposing or exhibiting his or her It is unlawful to
   19  expose or exhibit one’s sexual organs in public or on the
   20  private premises of another, or so near thereto as to be seen
   21  from such private premises, in a vulgar or indecent manner;, or
   22  to be
   23         (b) Being naked in public in a vulgar or indecent manner
   24  except in any place provided or set apart for that purpose.
   25         (2)(a) Except as provided in paragraph (b), a violation of
   26  this section is a misdemeanor of the first degree, punishable as
   27  provided in s. 775.082 or s. 775.083.
   28         (b) A second or subsequent violation of this section is a
   29  felony of the third degree, punishable as provided in s.
   30  775.082, s. 775.083, or s. 775.084.
   31         (3) The exposure of sexual organs by any of the following
   32  does not violate this section:
   33         (a) A mother mother’s breastfeeding of her baby; or does
   34  not under any circumstance violate this section
   35         (b) An individual who is merely naked at any place provided
   36  or set apart for that purpose.
   37         Section 2. Paragraph (e) is added to subsection (9) of
   38  section 901.15, Florida Statutes, to read:
   39         901.15 When arrest by officer without warrant is lawful.—A
   40  law enforcement officer may arrest a person without a warrant
   41  when:
   42         (9) There is probable cause to believe that the person has
   43  committed:
   44         (e) An exposure of sexual organs in violation of s. 800.03.
   45         Section 3. This act shall take effect October 1, 2020.