Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1690
       
       
       
       
       
       
                                Ì297278YÎ297278                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/13/2024           .                                
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       The Appropriations Committee on Criminal and Civil Justice
       (Yarborough) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 562.13, Florida Statutes, is amended to
    6  read:
    7         562.13 Employment of minors or certain other persons by
    8  certain vendors prohibited; exceptions.—
    9         (1) Unless otherwise provided in this section, it is
   10  unlawful for any vendor licensed under the Beverage Law to
   11  employ any person under 18 years of age.
   12         (2) This section shall not apply to:
   13         (a) Professional entertainers 17 years of age who are not
   14  in school.
   15         (b) Minors employed in the entertainment industry, as
   16  defined by s. 450.012(5), who have either been granted a waiver
   17  under s. 450.095 or employed under the terms of s. 450.132 or
   18  under rules adopted pursuant to either of these sections.
   19         (c) Persons under the age of 18 years who are employed in
   20  drugstores, grocery stores, department stores, florists,
   21  specialty gift shops, or automobile service stations which have
   22  obtained licenses to sell beer or beer and wine, when such sales
   23  are made for consumption off the premises.
   24         (d) Persons 17 years of age or over or any person
   25  furnishing evidence that he or she is a senior high school
   26  student with written permission of the principal of said senior
   27  high school or that he or she is a senior high school graduate,
   28  or any high school graduate, employed by a bona fide food
   29  service establishment where alcoholic beverages are sold,
   30  provided such persons do not participate in the sale,
   31  preparation, or service of the beverages and that their duties
   32  are of such nature as to provide them with training and
   33  knowledge as might lead to further advancement in food service
   34  establishments.
   35         (e) Persons under the age of 18 years employed as bellhops,
   36  elevator operators, and others in hotels when such employees are
   37  engaged in work apart from the portion of the hotel property
   38  where alcoholic beverages are offered for sale for consumption
   39  on the premises.
   40         (f) Persons under the age of 18 years employed in bowling
   41  alleys in which alcoholic beverages are sold or consumed, so
   42  long as such minors do not participate in the sale, preparation,
   43  or service of such beverages.
   44         (g) Persons under the age of 18 years employed by a bona
   45  fide dinner theater as defined in this paragraph, as long as
   46  their employment is limited to the services of an actor,
   47  actress, or musician. For the purposes of this paragraph, a
   48  dinner theater means a theater presenting consecutive
   49  productions playing no less than 3 weeks each in conjunction
   50  with dinner service on a regular basis. In addition, both events
   51  must occur in the same room, and the only advertised price of
   52  admission must include both the cost of the meal and the
   53  attendance at the performance.
   54         (h) Persons under the age of 18 years who are employed in
   55  places of business licensed under s. 565.02(6), provided such
   56  persons do not participate in the sale, preparation, or service
   57  of alcoholic beverages.
   58  
   59  However, a minor who qualifies for one of the exceptions in this
   60  subsection to whom this subsection otherwise applies may not be
   61  employed as or perform if the employment, whether as a
   62  professional entertainer or otherwise if such employment,
   63  involves nudity, as defined in s. 847.001, on the part of the
   64  minor and such nudity is intended as a form of adult
   65  entertainment, or be employed by an adult entertainment
   66  establishment, as defined in s. 847.001.
   67         (3)(a) It is unlawful for any vendor licensed under the
   68  beverage law to employ as a manager or person in charge or as a
   69  bartender any person:
   70         1. Who has been convicted within the last past 5 years of
   71  any offense against the beverage laws of this state, the United
   72  States, or any other state.
   73         2. Who has been convicted within the last past 5 years in
   74  this state or any other state or the United States of soliciting
   75  for prostitution, pandering, letting premises for prostitution,
   76  keeping a disorderly place, or any felony violation of chapter
   77  893 or the controlled substances act of any other state or the
   78  Federal Government.
   79         3. Who has, in the last past 5 years, been convicted of any
   80  felony in this state, any other state, or the United States.
   81  
   82  The term “conviction” shall include an adjudication of guilt on
   83  a plea of guilty or nolo contendere or forfeiture of a bond when
   84  such person is charged with a crime.
   85         (b) This subsection shall not apply to any vendor licensed
   86  under the provisions of s. 563.02(1)(a) or s. 564.02(1)(a).
   87         Section 2. Section 787.30, Florida Statutes, is created to
   88  read:
   89         787.30Employing persons under the age of 21 years in adult
   90  entertainment establishments prohibited.—
   91         (1)As used in this section, the term:
   92         (a)“Adult entertainment establishment” has the same
   93  meaning as in s. 847.001.
   94         (b)“Nude” means the showing of the human male or female
   95  genitals, pubic area, or buttock with less than a fully opaque
   96  covering; or the showing of the female breast with less than a
   97  fully opaque covering of any portion thereof below the top of
   98  the nipple; or the depiction of covered male genitals in a
   99  discernibly turgid state. A mother’s breastfeeding of her baby
  100  does not under any circumstance constitute nudity, regardless of
  101  whether the nipple is covered during or incidental to feeding.
  102         (2)(a)Except as provided in paragraph (b), an owner, a
  103  manager, an employee, or a contractor of an adult entertainment
  104  establishment who knowingly employs, contracts with, contracts
  105  with another person to employ, or otherwise permits a person
  106  younger than 21 years of age to perform or work in an adult
  107  entertainment establishment commits a misdemeanor of the first
  108  degree, punishable as provided in s. 775.082 or s. 775.083.
  109         (b)An owner, a manager, an employee, or a contractor of an
  110  adult entertainment establishment who knowingly employs,
  111  contracts with, contracts with another person to employ, or
  112  otherwise permits a person younger than 21 years of age to
  113  perform or work while nude in an adult entertainment
  114  establishment commits a felony of the second degree, punishable
  115  as provided in s. 775.082, s. 775.083, or s. 775.084.
  116         (3)An owner, a manager, an employee, or a contractor of an
  117  adult entertainment establishment who permits a person to
  118  perform as an entertainer or work in any capacity for the
  119  establishment shall carefully check the person’s driver license
  120  or identification card issued by this state or another state of
  121  the United States, a passport, or a United States Uniformed
  122  Services identification card presented by the person and act in
  123  good faith and in reliance upon the representation and
  124  appearance of the person in the belief that the person is 21
  125  years of age or older.
  126         Section 3. This act shall take effect July 1, 2024.
  127  
  128  ================= T I T L E  A M E N D M E N T ================
  129  And the title is amended as follows:
  130         Delete everything before the enacting clause
  131  and insert:
  132                        A bill to be entitled                      
  133         An act relating to human trafficking; amending s.
  134         562.13, F.S.; revising applicability; creating s.
  135         787.30, F.S.; providing definitions; prohibiting the
  136         employment of persons younger than 21 years of age in
  137         adult entertainment establishments; providing criminal
  138         penalties; requiring adult entertainment
  139         establishments to check identification of
  140         entertainers; specifying forms of identification that
  141         may be used; providing an effective date.
  142  
  143         WHEREAS, Florida is ranked third nationally for reported
  144  cases of human trafficking abuses, many of which involved sex
  145  trafficking, and
  146         WHEREAS, adult entertainment establishments are widely
  147  recognized as being a significant part of the sex trafficking
  148  network used by traffickers to coerce and facilitate men, women,
  149  and children into performing sexual acts, which places the
  150  employees of these establishments in direct and frequent contact
  151  with the victims of human trafficking, and
  152         WHEREAS, victims of sex trafficking are frequently
  153  recruited to work as performers or employees in adult
  154  entertainment establishments, and
  155         WHEREAS, researchers have found that sex trafficking
  156  victims are more likely to be trafficked by someone from within
  157  her or his own community, and
  158         WHEREAS, persons younger than 21 years of age are more
  159  likely to still remain within and dependent on the community in
  160  which they were raised, and
  161         WHEREAS, research studies have identified the average age
  162  at which a person in the United States enters the sex trade for
  163  the first time is age 17, and
  164         WHEREAS, sex trade at adult entertainment establishments is
  165  a common occurrence in Florida, thereby subjecting performers at
  166  these establishments to frequent propositions and enticements to
  167  engage in sex trade actions and sex trafficking from customers,
  168  as well as strip club employees, managers, and owners, and
  169         WHEREAS, an understanding of history and human nature
  170  reveals that there are sex criminals of various kinds who will
  171  prey on the young and vulnerable, and
  172         WHEREAS, restricting the employment of persons younger than
  173  21 years of age at adult entertainment establishments furthers
  174  an important state interest of protecting those vulnerable
  175  individuals from sex trafficking, drug abuse, and other harm,
  176  and
  177         WHEREAS, many court opinions recognize that, while
  178  expressive activities are entitled to some First Amendment
  179  protections at adult entertainment establishments, content
  180  neutral restrictions or regulations intended to minimize the
  181  secondary harmful effects of those businesses tend to be upheld,
  182  and
  183         WHEREAS, on November 16, 2018, the federal Fifth Circuit
  184  Court of Appeals, in the case of Jane Doe I v. Landry, 909 F.3d
  185  99 (5th Cir. 2018), upheld a Louisiana law that prohibited
  186  establishments licensed to serve alcohol from employing nearly
  187  nude entertainers younger than 21 years of age on the grounds
  188  that the law furthered the state’s interests in curbing human
  189  trafficking and prostitution, and
  190         WHEREAS, the federal district court in Valadez v. Paxton,
  191  553 F.Supp.3d 387 (W.D. Tex. 2021), denied a motion for a
  192  preliminary injunction against the enforcement of Texas Senate
  193  Bill 315 prohibiting “all working relationships between 18-20
  194  year-olds and sexually-oriented businesses” because the
  195  plaintiffs failed to show that the age restrictions were not
  196  rationally related to the state’s interest in curbing human
  197  trafficking, and
  198         WHEREAS, the federal district court in DC Operating, LLC v.
  199  Paxton, 586 F.Supp.3d 554 (W.D. Tex. 2022), denied a motion for
  200  a preliminary injunction against Texas Senate Bill 315, at least
  201  in part, because of the state’s evidence of the correlation
  202  between raising the minimum employment age and reducing human
  203  trafficking, and
  204         WHEREAS, the federal district court in Wacko’s Too, Inc.,
  205  v. City of Jacksonville, 658 F.Supp.3d 1086 (M.D. Fla. 2023),
  206  upheld age restrictions in a City of Jacksonville ordinance
  207  requiring performers at adult entertainment establishments to be
  208  at least 21 years of age based, at least in part, on evidence
  209  that there was a reasonable basis to believe that the age
  210  restrictions would further the city’s interest in preventing
  211  human and sex trafficking, NOW, THEREFORE,