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.