Florida Senate - 2019 SB 828 By Senator Rader 29-01207-19 2019828__ 1 A bill to be entitled 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 or municipal 5 correctional personnel; providing criminal penalties; 6 providing an 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 any person employed by or performing 16 contractual services for a public or private entity operating a 17 facility or any person employed by or performing contractual 18 services for the corporation operating the prison industry 19 enhancement programs or the correctional work programs under 20 part II of chapter 946. The term also includes any person who is 21 a parole examiner with the Florida Commission on Offender Review 22 and any person employed pursuant to s. 951.06 or s. 951.061. 23 (b) “Facility” means a state correctional institution as 24 defined in s. 944.02,
ora private correctional facility as 25 defined in s. 944.710, or a county detention facility as defined 26 in s. 951.23. 27 (2)(a) A person who is detained in a facility may not: 28 1. Intentionally masturbate; 29 2. Intentionally expose the genitals in a lewd or 30 lascivious manner; or 31 3. Intentionally commit any other sexual act that does not 32 involve actual physical or sexual contact with the victim, 33 including, but not limited to, sadomasochistic abuse, sexual 34 bestiality, or the simulation of any act involving sexual 35 activity, 36 37 in the presence of a person he or she knows or reasonably should 38 know is an employee. 39 (b) A person who violates paragraph (a) commits lewd or 40 lascivious exhibition in the presence of an employee, a felony 41 of the third degree, punishable as provided in s. 775.082, s. 42 775.083, or s. 775.084. 43 Section 2. This act shall take effect July 1, 2019.