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.