FL 2007 HB 269

2007 LEGISLATIVE SESSION

Florida House Bill 269

INTRODUCED: JANUARY 16, 2007
SPONSOR: Rep. William D. Snyder (R-Stuart, FL)
INITIAL COMMITTEE ASSIGNMENT: none identified
COMPANION: none identified

(TEXT AS FILED 01/16/07)

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

1 A bill to be entitled
2 An act relating to lewdness and indecent exposure;
3 amending ss. 800.02 and 800.03, F.S.; providing enhanced
4 penalties for offenses involving unnatural and lascivious
5 acts or exposure or exhibition of sexual organs committed
6 within a specified distance of certain locations; amending
7 s. 933.18, F.S.; conforming a provision to the enhancement
8 of penalties; providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Section 800.02, Florida Statutes, is amended to
13 read:
14 800.02 Unnatural and lascivious act.--
15 (1)(a) 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 (b) A person who commits any unnatural and lascivious act
20 with another person on or within 1,000 feet of the real property
21 comprising:
22 1. A child care facility, as defined in s. 402.302, that
23 is in compliance with the signage requirements of s.
24 893.13(1)(c);
25 2. A public or private elementary, middle, or secondary
26 school between the hours of 6 a.m. and 12 midnight; or
27 3. A state, county, or municipal park, a public beach, a
28 community center as defined in s. 893.13(1)(c), or a publicly
29 owned recreational facility at any time
30
31 commits a felony of the second degree, punishable as provided in
32 s. 775.082, s. 775.083, or s. 775.084.
33 (2) A mother's breastfeeding of her baby does not under
34 any circumstance violate this section.
35 Section 2. Section 800.03, Florida Statutes, is amended to
36 read:
37 800.03 Exposure of sexual organs.--
38 (1)(a) Except as provided in paragraph (b), a person who
39 exposes or exhibits his or her ~~It is unlawful to expose or~~
40 ~~exhibit one's~~ sexual organs in public or on the private premises
41 of another, or so near thereto as to be seen from such private
42 premises, in a vulgar or indecent manner, or is ~~to be~~ naked in
43 public except in any place provided or set apart for that
44 purpose commits ~~. Violation of this section is~~ a misdemeanor of
45 the first degree, punishable as provided in s. 775.082 or s.
46 775.083.
47 (b) A person who exposes or exhibits his or her sexual
48 organs in violation of paragraph (a) on or within 1,000 feet of
49 the real property comprising:
50 1. A child care facility, as defined in s. 402.302, that
51 is in compliance with the signage requirements of s.
52 893.13(1)(c);
53 2. A public or private elementary, middle, or secondary
54 school between the hours of 6 a.m. and 12 midnight; or
55 3. A state, county, or municipal park, a public beach, a
56 community center as defined in s. 893.13(1)(c), or a publicly
57 owned recreational facility at any time
58
59 commits a felony of the second degree, punishable as provided in
60 s. 775.082, s. 775.083, or s. 775.084.
61 (2) A mother's breastfeeding of her baby does not under
62 any circumstance violate this section.
63 Section 3. Subsection (7) of section 933.18, Florida
64 Statutes, is amended to read:
65 933.18 When warrant may be issued for search of private
66 dwelling.--No search warrant shall issue under this chapter or
67 under any other law of this state to search any private dwelling
68 occupied as such unless:
69 (7) One or more of the following ~~misdemeanor~~ child abuse
70 offenses is being committed there:
71 (a) Interference with custody, in violation of s. 787.03.
72 (b) Commission of an unnatural and lascivious act with a
73 child, in violation of s. 800.02.
74 (c) Exposure of sexual organs to a child, in violation of
75 s. 800.03.
76
77 If, during a search pursuant to a warrant issued under this
78 section, a child is discovered and appears to be in imminent
79 danger, the law enforcement officer conducting such search may
80 remove the child from the private dwelling and take the child
81 into protective custody pursuant to chapter 39. The term
82 "private dwelling" shall be construed to include the room or
83 rooms used and occupied, not transiently but solely as a
84 residence, in an apartment house, hotel, boardinghouse, or
85 lodginghouse. No warrant shall be issued for the search of any
86 private dwelling under any of the conditions hereinabove
87 mentioned except on sworn proof by affidavit of some creditable
88 witness that he or she has reason to believe that one of said
89 conditions exists, which affidavit shall set forth the facts on
90 which such reason for belief is based.
91 Section 4. This act shall take effect October 1, 2007.

Bill history
01/16/2007 Filed.