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Thread: New Bill in Florida

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    Senior Member Archangel's Avatar
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    Exclamation New Bill in Florida

    Hi everyone. This may be a bit heavy for my first post, and I'm not sure if this is the right place, but here goes...

    There is a bill that just passed (3/23/2005) the Florida Senate unanimously... It's now headed over to the House for approval which it will undoubtedly get. It goes into effect on July 1, 2005. It's kinda scary.

    To check it out, go to www.flsenate.gov, look on the left side of the page, and jump to bill 730. I suggest starting with the "Staff Analysis." It describes the change pretty well.

    Basically, it was created because of the incident in Pasco County where a judge thew out a case against dancers because no one would testify that they were offended except the undercover officer and they don't count under current law. The bill now allows the arresting police oficer to testify that he/she was offended, thereby making it a "lewd" act, and force the arrest to stick.

    Doing a little scouting on the web points out that this new bill will affect strip clubs, dance clubs (Ie. The way you are dancing is offensive), Public Beaches (Ie. That bathing suit is too revealing), and even events like Spring Break, Fantasy Fest and Bike Week.

    Note the punishment, if convicted, too... In Florida, it's up to 60 days in jail and $500 fine (misdemeanor of the second degree) for first offence and ramping up from there. It targets Owners, Dancers, Customers, and anyone else that even knowingly enters anywhere that promotes "lewd" behavior.

    What's happening to the country lately in the last few years? Or has it always been like this and I've just never cared to notice it?

    Also, what's your take on the bill? Am I just reading it wrong?
    Last edited by Archangel; 04-11-2005 at 08:59 AM. Reason: Fixed the link given
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    "Who is to say what is a sin in God's eyes?" (Pearl from The Scarlet Letter)
    "Every man dies; not every man really lives." (William Wallace from Braveheart)

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    Senior Member barbee's Avatar
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    Default Re: New Bill in Florida

    Thanks...But i think things have been changing...and it's not you...thanks for the info

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    God/dess A_Guy's Avatar
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    Default Re: New Bill in Florida


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    Senior Member Archangel's Avatar
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    Default Re: New Bill in Florida

    Aye, I did. Thanks, Guy.
    -=# Archangel

    "Who is to say what is a sin in God's eyes?" (Pearl from The Scarlet Letter)
    "Every man dies; not every man really lives." (William Wallace from Braveheart)

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    God/dess A_Guy's Avatar
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    Default Re: New Bill in Florida

    Interesting...

    as defined in statute 796.07(1)(b), "Lewdness" means any indecent or obscene act.

    hmmmm.. ok

    and 769.07(2)(a) says it's unlawful to own, establish, maintain, or operate any place, structure, building, or conveyance for the purpose of lewdness, assignation, or prostitution.

    The statute is for prostitution, but it's pretty ambigious. With the new bill, if the undercover officer feels that dancers are acting in a "lewd" manner, then it's unlawful.



    and quoted from the proposed bill (emphasis me):

    In making his decision, the judge considered several cases, including a Florida Supreme Court case construing “lewd and lascivious” as “… an intentional act of sexual indulgence or public indecency when such act causes offense to one or more persons viewing it or otherwise intrudes upon rights of others.”
    Schmitt v. State, 590 So.2d 404, 410 (Fla. 1991). The judge went on to find that since lewdness requires intrusion on the rights of other people, the protected class of unsuspecting persons who do not wish to be offended by the conduct must be members of the general public, not undercover law enforcement officers. The Sixth Circuit Court affirmed his finding on appeal, and now the case is on appeal in the Second District Court of Appeal. State v. Ditolla, Case No. 0206825MMAWS (Cty. Ct. 6th Cir. June 19, 2003), aff’d, Appeal No. 0302563CFAES (6th Cir. June 18, 2004).
    I really don't know how anyone can show that going to a SC on your own accord could cause an "intrusion" on your rights. I would think any good lawyer could fight this one.

    and
    The State would still be required to prove beyond a reasonable doubt that the alleged actions by the defendant were indecent or obscene in order to convict the defendant of the crime. What would change under the bill is a law enforcement officer, in his or her official capacity, could arrest someone under this statute based upon the officer witnessing the alleged offending activity, rather than being required to have an independent witness who was offended by the alleged indecent or obscene act.


    so apparently, there are no big changes to the statute that is already in place (other than the fact that the undercover officer can testify). But, keeping in mind who the governor is (and his brother... what's his name?), it'll be interesting to see what happens.

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    God/dess A_Guy's Avatar
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    Default Re: New Bill in Florida

    Quote Originally Posted by Archangel
    Aye, I did. Thanks, Guy.
    no problem

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    Default Re: New Bill in Florida

    I work in that county. Pretty much every county has this ordinance in effect. Though the other counties have a lap dance ordinance. Undercover comes in and busts everyone, you get a fine and it goes on your record. Here same thing except its whatever the cops find or deem as lewd behavior which makes it broder for them. So know instead of seperate laws for t backs and lap dances its left up tp the officers. For crist sakes me kissing a customer on the cheek could be deemed lewd to a certain officer. This is ridiculous I hope they appeal it. In some ways its good for the girls who are going to far but I think it may be used for the opposite.

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