Bill Amendment: FL S1018 | 2020 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Exposure of Sexual Organs

Status: 2020-03-10 - Laid on Table, refer to CS/HB 675 [S1018 Detail]

Download: Florida-2020-S1018-Senate_Committee_Amendment_591108.html

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       Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 1018
       
       
       
       
       
       
                                Ì591108#Î591108                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Criminal Justice (Stewart) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 800.03, Florida Statutes, is amended to
    6  read:
    7         800.03 Exposure of sexual organs.—
    8         (1) It is unlawful to expose or exhibit one’s sexual organs
    9  in public or on the private premises of another, or so near
   10  thereto as to be seen from such private premises, in a vulgar or
   11  indecent manner, or to be naked in public except in any place
   12  provided or set apart for that purpose.
   13         (2)(a) Except as provided in paragraph (b), a violation of
   14  this section is a misdemeanor of the first degree, punishable as
   15  provided in s. 775.082 or s. 775.083.
   16         (b) A second or subsequent violation of this section is a
   17  felony of the third degree, punishable as provided in s.
   18  775.082, s. 775.083, or s. 775.084.
   19         (3) The exposure of sexual organs by any of the following
   20  does not violate subsection (1):
   21         (a) A mother’s breastfeeding of her baby;
   22         (b) An individual who is merely naked at any place provided
   23  or set apart for that purpose, including, but not limited to, a
   24  clothing-optional beach; or
   25         (c) An inmate incarcerated at a state correctional
   26  institution or local detention facility does not under any
   27  circumstance violate this section.
   28         Section 2. Subsection (9) of section 901.15, Florida
   29  Statutes, is amended to read
   30         901.15 When arrest by officer without warrant is lawful.—A
   31  law enforcement officer may arrest a person without a warrant
   32  when:
   33         (9) There is probable cause to believe that the person has
   34  committed:
   35         (a) Any battery upon another person, as defined in s.
   36  784.03.
   37         (b) An act of criminal mischief or a graffiti-related
   38  offense as described in s. 806.13.
   39         (c) A violation of a safety zone, security zone, regulated
   40  navigation area, or naval vessel protection zone as described in
   41  s. 327.461.
   42         (d) A racing violation as described in s. 316.191(2).
   43         (e) An exposure of sexual organs in violation of s. 800.03.
   44         Section 3. This act shall take effect October 1, 2020.
   45  
   46  ================= T I T L E  A M E N D M E N T ================
   47  And the title is amended as follows:
   48         Delete everything before the enacting clause
   49  and insert:
   50                        A bill to be entitled                      
   51         An act relating to exposure of sexual organs; amending
   52         s. 800.03; increasing criminal penalties for exposure
   53         of sexual organs for a second or subsequent offense;
   54         providing exceptions; amending s. 901.15, F.S.;
   55         authorizing warrantless arrests when a law enforcement
   56         officer has probable cause to believe that a person
   57         has violated s. 800.03, F.S.; providing an effective
   58         date.