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.