Bill Text: FL S1438 | 2023 | Regular Session | Enrolled

---

Bill Title: Protection of Children

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2023-05-18 - Chapter No. 2023-94 [S1438 Detail]

Download: Florida-2023-S1438-Enrolled.html

---

       ENROLLED
       2023 Legislature                          SB 1438, 1st Engrossed
       
       
       
       
       
       
                                                             20231438er
    1  
    2         An act relating to the protection of children;
    3         creating s. 255.70, F.S.; defining the term
    4         “governmental entity”; prohibiting a governmental
    5         entity from issuing a permit or otherwise authorizing
    6         a person to conduct a performance in violation of
    7         specified provisions; providing criminal penalties;
    8         amending s. 509.261, F.S.; authorizing the Division of
    9         Hotels and Restaurants of the Department of Business
   10         and Professional Regulation to fine, suspend, or
   11         revoke the license of any public lodging establishment
   12         or public food service establishment if the
   13         establishment admits a child to an adult live
   14         performance; specifying that a specified violation
   15         constitutes an immediate, serious danger to the public
   16         health, safety, or welfare; authorizing the division
   17         to issue specified fines for first, second, and
   18         subsequent violations of certain provisions; amending
   19         s. 561.29, F.S.; specifying that the Division of
   20         Alcoholic Beverages and Tobacco of the Department of
   21         Business and Professional Regulation is given full
   22         power and authority to revoke or suspend the license
   23         of any person issued under the Beverage Law when it is
   24         determined or found by the division upon sufficient
   25         cause appearing that he or she is maintaining a
   26         licensed premises that admits a child to an adult live
   27         performance; specifying that a specified violation
   28         constitutes an immediate serious danger to the public
   29         health, safety, or welfare; authorizing the division
   30         to issue specified fines for first, second, and
   31         subsequent violations of certain provisions; creating
   32         s. 827.11, F.S.; defining the terms “adult live
   33         performance” and “knowingly”; prohibiting the raising
   34         of specified arguments as a defense in a prosecution
   35         for certain violations; prohibiting a person from
   36         knowingly admitting a child to an adult live
   37         performance; providing criminal penalties; providing
   38         an effective date.
   39          
   40  Be It Enacted by the Legislature of the State of Florida:
   41  
   42         Section 1. Section 255.70, Florida Statutes, is created to
   43  read:
   44         255.70 Public permitting.—
   45         (1) As used in this section, the term “governmental entity”
   46  means any state, county, district, or municipal officer,
   47  department, division, board, bureau, commission, or other
   48  separate unit of government created or established by law and
   49  any other public or private agency, person, partnership, or
   50  corporation or business entity acting on behalf of any public
   51  agency.
   52         (2) A governmental entity may not issue a permit or
   53  otherwise authorize a person to conduct a performance in
   54  violation of s. 827.11.
   55         (3) If a violation of s. 827.11 occurs for a lawfully
   56  issued permit or other authorization, the individual who was
   57  issued the permit or other authorization commits a misdemeanor
   58  of the first degree, punishable as provided in s. 775.082 or s.
   59  775.083.
   60         Section 2. Subsection (10) is added to section 509.261,
   61  Florida Statutes, to read:
   62         509.261 Revocation or suspension of licenses; fines;
   63  procedure.—
   64         (10)(a) The division may fine, suspend, or revoke the
   65  license of any public lodging establishment or public food
   66  service establishment if the establishment admits a child to an
   67  adult live performance, in violation of s. 827.11.
   68         (b) A violation of this subsection constitutes an immediate
   69  serious danger to the public health, safety, or welfare for the
   70  purposes of s. 120.60(6).
   71         (c) Notwithstanding subsection (1), the division may issue
   72  a $5,000 fine for an establishment’s first violation of this
   73  subsection.
   74         (d) Notwithstanding subsection (1), the division may issue
   75  a $10,000 fine for an establishment’s second or subsequent
   76  violation of this subsection.
   77         Section 3. Paragraph (l) is added to subsection (1) of
   78  section 561.29, Florida Statutes, to read:
   79         561.29 Revocation and suspension of license; power to
   80  subpoena.—
   81         (1) The division is given full power and authority to
   82  revoke or suspend the license of any person holding a license
   83  under the Beverage Law, when it is determined or found by the
   84  division upon sufficient cause appearing of:
   85         (l) Maintaining a licensed premises that admits a child to
   86  an adult live performance in violation of s. 827.11.
   87         1. A violation of this paragraph constitutes an immediate,
   88  serious danger to the public health, safety, or welfare for the
   89  purposes of s. 120.60(6).
   90         2. The division may issue a $5,000 fine for a first
   91  violation of this paragraph.
   92         3. The division may issue a $10,000 fine for a second or
   93  subsequent violation of this paragraph.
   94         Section 4. Section 827.11, Florida Statutes, is created to
   95  read:
   96         827.11 Exposing children to an adult live performance.—
   97         (1) As used in this section, the term:
   98         (a) “Adult live performance” means any show, exhibition, or
   99  other presentation in front of a live audience which, in whole
  100  or in part, depicts or simulates nudity, sexual conduct, sexual
  101  excitement, or specific sexual activities as those terms are
  102  defined in s. 847.001, lewd conduct, or the lewd exposure of
  103  prosthetic or imitation genitals or breasts when it:
  104         1. Predominantly appeals to a prurient, shameful, or morbid
  105  interest;
  106         2. Is patently offensive to prevailing standards in the
  107  adult community of this state as a whole with respect to what is
  108  suitable material or conduct for the age of the child present;
  109  and
  110         3. Taken as a whole, is without serious literary, artistic,
  111  political, or scientific value for the age of the child present.
  112         (b) “Knowingly” means having general knowledge of, reason
  113  to know, or a belief or ground for belief which warrants further
  114  inspection or inquiry of both:
  115         1. The character and content of any adult live performance
  116  described in this section which is reasonably susceptible of
  117  examination by the defendant; and
  118         2. The age of the child.
  119         (2) A person’s ignorance of a child’s age, a child’s
  120  misrepresentation of his or her age, or a bona fide belief of a
  121  child’s consent may not be raised as a defense in a prosecution
  122  for a violation of this section.
  123         (3) A person may not knowingly admit a child to an adult
  124  live performance.
  125         (4) A violation of subsection (3) constitutes a misdemeanor
  126  of the first degree, punishable as provided in s. 775.082 or s.
  127  775.083.
  128         Section 5. This act shall take effect upon becoming a law.