Text of FL S 1438 (2023)

Florida Senate - 2023 SB 1438 By Senator Yarborough 4-01834C-23 20231438__ 1 A bill to be entitled 2 An act relating to the protection of children; 3 amending s. 509.261, F.S.; authorizing the Division of 4 Hotels and Restaurants of the Department of Business 5 and Professional Regulation to fine, suspend, or 6 revoke the license of any public lodging establishment 7 or public food service establishment if the 8 establishment admits a child to an adult live 9 performance; specifying that a specified violation 10 constitutes an immediate, serious danger to the public 11 health, safety, or welfare; authorizing the division 12 to issue specified fines for first, second, and 13 subsequent violations of certain provisions; amending 14 s. 561.29, F.S.; specifying that the Division of 15 Alcoholic Beverages and Tobacco of the Department of 16 Business and Professional Regulation is given full 17 power and authority to revoke or suspend the license 18 of any person issued under the Beverage Law when it is 19 determined or found by the division upon sufficient 20 cause appearing that he or she is maintaining a 21 licensed premises that admits a child to an adult live 22 performance; specifying that a specified violation 23 constitutes an immediate serious danger to the public 24 health, safety, or welfare; authorizing the division 25 to issue specified fines for first, second, and 26 subsequent violations of certain provisions; creating 27 s. 827.11, F.S.; defining the terms “adult live 28 performance” and “knowingly”; prohibiting the raising 29 of specified arguments as a defense in a prosecution 30 for certain violations; prohibiting a person from 31 knowingly admitting a child to an adult live 32 performance; providing criminal penalties; providing 33 an effective date. 34 35 Be It Enacted by the Legislature of the State of Florida: 36 37 Section 1. Subsection (10) is added to section 509.261, 38 Florida Statutes, to read: 39 509.261 Revocation or suspension of licenses; fines; 40 procedure.— 41 (10)(a) The division may fine, suspend, or revoke the 42 license of any public lodging establishment or public food 43 service establishment if the establishment admits a child to an 44 adult live performance, in violation of s. 827.11. 45 (b) A violation of this subsection constitutes an immediate 46 serious danger to the public health, safety, or welfare for the 47 purposes of s. 120.60(6). 48 (c) Notwithstanding subsection (1), the division may issue 49 a $5,000 fine for an establishment’s first violation of this 50 subsection. 51 (d) Notwithstanding subsection (1), the division may issue 52 a $10,000 fine for an establishment’s second or subsequent 53 violation of this subsection. 54 Section 2. Paragraph (l) is added to subsection (1) of 55 section 561.29, Florida Statutes, to read: 56 561.29 Revocation and suspension of license; power to 57 subpoena.— 58 (1) The division is given full power and authority to 59 revoke or suspend the license of any person holding a license 60 under the Beverage Law, when it is determined or found by the 61 division upon sufficient cause appearing of: 62 (l) Maintaining a licensed premises that admits a child to 63 an adult live performance in violation of s. 827.11. 64 1. A violation of this paragraph constitutes an immediate, 65 serious danger to the public health, safety, or welfare for the 66 purposes of s. 120.60(6). 67 2. The division may issue a $5,000 fine for a first 68 violation of this paragraph. 69 3. The division may issue a $10,000 fine for a second or 70 subsequent violation of this paragraph. 71 Section 3. Section 827.11, Florida Statutes, is created to 72 read: 73 827.11 Exposing children to an adult live performance.— 74 (1) As used in this section, the term: 75 (a) “Adult live performance” means any show, exhibition, or 76 other presentation in front of a live audience which, in whole 77 or in part, depicts or simulates nudity, sexual conduct, sexual 78 excitement, specific sexual activities as those terms are 79 defined in s. 847.001, lewd conduct, or the lewd exposure of 80 prosthetic or imitation genitals or breasts when it: 81 1. Predominantly appeals to a prurient, shameful, or morbid 82 interest; 83 2. Is patently offensive to prevailing standards in the 84 adult community of this state as a whole with respect to what is 85 suitable material or conduct for the age of the child present; 86 and 87 3. Taken as a whole, is without serious literary, artistic, 88 political, or scientific value for the age of the child present. 89 (b) “Knowingly” means having general knowledge of, reason 90 to know, or a belief or ground for belief which warrants further 91 inspection or inquiry of both: 92 1. The character and content of any adult live performance 93 described in this section which is reasonably susceptible of 94 examination by the defendant; and 95 2. The age of the child. 96 (2) A person’s ignorance of a child’s age, a child’s 97 misrepresentation of his or her age, or a bona fide belief of a 98 child’s consent may not be raised as a defense in a prosecution 99 for a violation of this section. 100 (3) A person may not knowingly admit a child to an adult 101 live performance. 102 (4) A violation of subsection (3) constitutes a misdemeanor 103 of the first degree, punishable as provided in s. 775.082 or s. 104 775.083. 105 Section 4. This act shall take effect upon becoming a law.

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.