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Posted - 11/29/2003 : 6:11:53 PM
Florida House Bill 0091 of 2004
Regulates Nudity in Video Games
Date: November 5, 2003
To: All Recipients:
From: Richard Mason
Florida Naturist Association & SFFB
Subject: Prefiled Fl. House Bill 0091 2004
Following this email is a copy of the prefiled House Bill 0091. A review of this bill will reveal that it places "nudity" (mere) along side the words "excessive violence" and "sexual conduct" and then goes on to state; "that is harmful to minors."
In a discussion with our lobbyist, Ray Maury, he has the following comments and opinions on this bill.
* This bill opens up a new section of Florida Statute Law: Fl s/s 847.0123.
* This bill opens up the field of regulating behavior and gives the legislature a mandate for that regulation.
* This bill is very close to regulating all videos that can be labeled, 'adult.'
* This bill is a passage way to regulating naturist videos.
* This bill can be a "carrier" bill that other amendments can be added to, for the purpose of regulating nudity by, with or in front of children.
With the placing of the word "nudity" in the bill, where it is, without any qualification, it is stating that nudity, in of itself, is a danger to children.
This bill is going to be a very difficult bill to oppose in total, by Naturists. We certainly cannot come out publicly in opposition to the bill.
This bill, by stating that "nudity" is harmful to minors can lead to problems with other bills that concern children visiting Naturist facilities such as Haulover Beach.
This bill will be one of several that we will be facing, this session, that will be dealing with nudity and children.
This bill was introduced by Rep. Sheri McInvale, Dem. Orlando. A first term representative. Her bio. shows no affiliations with groups that would be overtly concerned about nudity and children.
We need to thank Bob Morton of the Naturist Action Committee for finding this prefiled bill. NAC's employment of a service that enables them to look at legislative activity in all 50 state legislatures was responsible for this early detection.
Our lobbyist, Ray Maury will be checking into this bill and others and getting back to us over the next few weeks.
The legislature is supposed to return in two weeks for planning. The 2004 Session opens in March 2004.
We will keep people informed.
Richard
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HB 0091 2004
A bill to be entitled
An act relating to video games; creating s. 847.0123, F.S.; defining "adult video game"; prohibiting the sale or rental of adult video games to minors; providing a defense; requiring proof of age to be presented prior to sale or rental of such video games; prohibiting the purchase or rental of adult video games by minors; providing penalties; providing for application; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Section 847.0123, Florida Statutes, is created to read:
847.0123 Adult video games; definitions; prohibiting sale or rental to a minor; prohibiting purchase or rental by a minor; penalties; application.--
(1) As used in this section:
(a) "Adult video game" means any game played via a computer which contains representations or images of excessive violence or nudity or sexual conduct that is harmful to minors.
(b) "Excessive violence" is the visual depiction or representation of realistic serious injury to a human or a human-like being.
(c) "Serious injury" includes amputation, decapitation, dismemberment, bloodshed, mutilation, maiming, or disfigurement which appeals to a minor's morbid interest in violence and is patently offensive to the prevailing standards in the adult community as a whole with respect to what is suitable material for minors.
(2) A person may not knowingly sell or rent an adult video game to any minor. Any person who violates this subsection commits a felony of the third< |
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