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.
    8  Be It Enacted by the Legislature of the State of Florida:
   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, or a 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,
   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.