Bill Text: FL S1078 | 2015 | Regular Session | Introduced

---

Bill Title: Lewd and Lascivious Behavior

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-05-01 - Died on Calendar [S1078 Detail]

Download: Florida-2015-S1078-Introduced.html

---

       Florida Senate - 2015                                    SB 1078
       
       
        
       By Senator Sobel
       
       
       
       
       
       33-01255-15                                           20151078__
    1                        A bill to be entitled                      
    2         An act relating to lewd and lascivious behavior;
    3         repealing s. 798.02, F.S., relating to a prohibition
    4         on lewd and lascivious behavior, including a
    5         prohibition on lewd and lascivious association and
    6         cohabitation together by a man and woman who are not
    7         married to each other; amending ss. 39.0139, 39.509,
    8         and 435.04, F.S.; conforming provisions to changes
    9         made by the act; providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 798.02, Florida Statutes, is repealed.
   14         Section 2. Paragraph (a) of subsection (3) of section
   15  39.0139, Florida Statutes, is amended to read:
   16         39.0139 Visitation or other contact; restrictions.—
   17         (3) PRESUMPTION OF DETRIMENT.—
   18         (a) A rebuttable presumption of detriment to a child is
   19  created when:
   20         1. A court of competent jurisdiction has found probable
   21  cause exists that a parent or caregiver has sexually abused a
   22  child as defined in s. 39.01;
   23         2. A parent or caregiver has been found guilty of,
   24  regardless of adjudication, or has entered a plea of guilty or
   25  nolo contendere to, charges under the following statutes or
   26  substantially similar statutes of other jurisdictions:
   27         a. Section 787.04, relating to removing minors from the
   28  state or concealing minors contrary to court order;
   29         b. Section 794.011, relating to sexual battery;
   30         c. Section 798.02, relating to lewd and lascivious
   31  behavior;
   32         c.d. Chapter 800, relating to lewdness and indecent
   33  exposure;
   34         d.e. Section 826.04, relating to incest; or
   35         e.f. Chapter 827, relating to the abuse of children; or
   36         3. A court of competent jurisdiction has determined a
   37  parent or caregiver to be a sexual predator as defined in s.
   38  775.21 or a parent or caregiver has received a substantially
   39  similar designation under laws of another jurisdiction.
   40         Section 3. Paragraph (a) of subsection (6) of section
   41  39.509, Florida Statutes, is amended to read:
   42         39.509 Grandparents rights.—Notwithstanding any other
   43  provision of law, a maternal or paternal grandparent as well as
   44  a stepgrandparent is entitled to reasonable visitation with his
   45  or her grandchild who has been adjudicated a dependent child and
   46  taken from the physical custody of the parent unless the court
   47  finds that such visitation is not in the best interest of the
   48  child or that such visitation would interfere with the goals of
   49  the case plan. Reasonable visitation may be unsupervised and,
   50  where appropriate and feasible, may be frequent and continuing.
   51  Any order for visitation or other contact must conform to the
   52  provisions of s. 39.0139.
   53         (6) In determining whether grandparental visitation is not
   54  in the child’s best interest, consideration may be given to the
   55  following:
   56         (a) The finding of guilt, regardless of adjudication, or
   57  entry or plea of guilty or nolo contendere to charges under the
   58  following statutes, or similar statutes of other jurisdictions:
   59  s. 787.04, relating to removing minors from the state or
   60  concealing minors contrary to court order; s. 794.011, relating
   61  to sexual battery; s. 798.02, relating to lewd and lascivious
   62  behavior; chapter 800, relating to lewdness and indecent
   63  exposure; s. 826.04, relating to incest; or chapter 827,
   64  relating to the abuse of children.
   65         Section 4. Present paragraphs (x) through (zz) of
   66  subsection (2) of section 435.04, Florida Statutes, are
   67  redesignated as paragraphs (w) through (yy), respectively, and
   68  paragraph (w) of subsection (2) of that section, is amended to
   69  read:
   70         435.04 Level 2 screening standards.—
   71         (2) The security background investigations under this
   72  section must ensure that no persons subject to the provisions of
   73  this section have been arrested for and are awaiting final
   74  disposition of, have been found guilty of, regardless of
   75  adjudication, or entered a plea of nolo contendere or guilty to,
   76  or have been adjudicated delinquent and the record has not been
   77  sealed or expunged for, any offense prohibited under any of the
   78  following provisions of state law or similar law of another
   79  jurisdiction:
   80         (w) Section 798.02, relating to lewd and lascivious
   81  behavior.
   82         Section 5. This act shall take effect July 1, 2015.