Bill Text: FL S0828 | 2019 | Regular Session | Enrolled
Bill Title: Lewd or Lascivious Exhibition
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2019-05-24 - Chapter No. 2019-50, companion bill(s) passed, see CS/HB 7125 (Ch. 2019-167) [S0828 Detail]
Download: Florida-2019-S0828-Enrolled.html
ENROLLED 2019 Legislature CS for SB 828 2019828er 1 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;or19 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 includes23 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,ora 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.