§ 20-121. Precursor acts facilitating prostitution unlawful; penalties.

(a)

Definitions. As used in this section, the following terms shall mean:

Participant means any person participating in a public encounter, as that term is defined herein.

Public encounter means verbal communication between two or more persons which originates in the City where at least one of the parties thereto is on or in a street or highway, or on public property, or is visible from any of the foregoing places, regardless of whether any participant is in a motor vehicle.

Public property means any park, beach, pier, or other property owned by a governmental agency and open for use by the general public.

Street or highway means as defined by F.S. § 316.003, as the same may be amended from time to time. For example, without limiting the meaning of the term as so defined, the term includes but is not limited to public streets, public sidewalks, and privately owned ways or places used for vehicular travel by the owner and persons having express or implied permission from the owner, such as business invitees or licensees.

(b)

Prohibited acts. It shall be unlawful for any person participating in a public encounter to:

(1)

Demand or request any other participant to expose his or her sexual organ;

(2)

Demand or request any female participant to expose her breast;

(3)

Expose his or her sexual organ;

(4)

Expose her breast if female;

(5)

Fondle or touch the sexual organ of any other participant, whether or not the sexual organ is covered by clothing or any other material;

(6)

Fondle or touch the breast of any female participant, whether or not the breast is covered by clothing or any other material;

(7)

Demand or request any participant to fondle or touch the sexual organ of any other participant, whether or not the sexual organ is covered by clothing or other material; or

(8)

Demand or request any participant to fondle or touch the breast of any female participant, whether or not the breast is covered by clothing or other material.

(c)

Violation of section. Violation of this section is not contingent upon any of the participants expressly mentioning money, prostitution, any sexual act, or any euphemism for any of those terms.

(d)

Exclusions. This section shall not apply to:

(1)

Law Enforcement Officers who are within their jurisdiction, on duty, and otherwise engaged in law enforcement activity; or

(2)

Medical personnel including physicians, nurses, and emergency responders while engaged in providing bona fide medical examination or treatment.

(e)

Enforcement.

(1)

This section shall be deemed applicable only to prostitution related activities and shall not be construed to prohibit otherwise lawful behavior between persons who are not involved in prostitution related activities.

(2)

This section shall be enforced only when a Law Enforcement Officer is one of the participants in the public encounter. This fact need not be known to the other participants.

(Code 1992, § 20-124; Ord. No. 537-G, § 1, 5-23-2002)