HB 1423 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1423-00
Page 1 of 5
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to the protection of children; 2
amending s. 509.261, F.S.; authorizing the Division of 3
Hotels and Restaurants of the Department of Business 4
and Professional Regulation to fine, suspend, or 5
revoke the license of any public lodging establishment 6
or public food service establishment if the 7
establishment admits a child to an adult live 8
performance; specifying that a specified violation 9
constitutes an immediate, serious danger to the public 10
health, safety, or welfare; authorizing the division 11
to issue specified fines for first, second, and 12
subsequent violations of certain provisions; amending 13
s. 561.29, F.S.; specifying that the Division of 14
Alcoholic Beverages and Tobacco of the Department of 15
Business and Professional Regulation is given full 16
power and authority to revoke or suspend the license 17
of any person issued under the Beverage Law when it is 18
determined or found by the division upon sufficient 19
cause appearing that he or she is maintaining a 20
licensed premises that admits a child to an adult live 21
performance; specifying that a specified violation 22
constitutes an immediate serious danger to the public 23
health, safety, or welfare; authorizing the divi sion 24
to issue specified fines for first, second, and 25
HB 1423 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1423-00
Page 2 of 5
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
subsequent violations of certain provisions; creating 26
s. 827.11, F.S.; defining the terms "adult live 27
performance" and "knowingly"; prohibiting the raising 28
of specified arguments as a defense in a prosec ution 29
for certain violations; prohibiting a person from 30
knowingly admitting a child to an adult live 31
performance; providing criminal penalties; providing 32
an effective date. 33
34
Be It Enacted by the Legislature of the State of Florida: 35
36
Section 1. Subsection (10) is added to section 509.261, 37
Florida Statutes, to read: 38
509.261 Revocation or suspension of licenses; fines; 39
procedure.— 40
(10)(a) The division may fine, suspend, or revoke the 41
license of any public lodging establishment or public food 42
service establishment if the establishment admits a child to an 43
adult live performance, in violation of s. 827.11. 44
(b) A violation of this subsection constitutes an 45
immediate serious danger to the public health, safety, or 46
welfare for the purposes of s. 120.60 (6). 47
(c) Notwithstanding subsection (1), the division may issue 48
a $5,000 fine for an establishment's first violation of this 49
subsection. 50
HB 1423 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1423-00
Page 3 of 5
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(d) Notwithstanding subsection (1), the division may issue 51
a $10,000 fine for an establishment's second or subseque nt 52
violation of this subsection. 53
Section 2. Paragraph (l) is added to subsection (1) of 54
section 561.29, Florida Statutes, to read: 55
561.29 Revocation and suspension of license; power to 56
subpoena.— 57
(1) The division is given full power and authority t o 58
revoke or suspend the license of any person holding a license 59
under the Beverage Law, when it is determined or found by the 60
division upon sufficient cause appearing of: 61
(l) Maintaining a licensed premises that admits a child to 62
an adult live performanc e in violation of s. 827.11. 63
1. A violation of this paragraph constitutes an immediate, 64
serious danger to the public health, safety, or welfare for the 65
purposes of s. 120.60(6). 66
2. The division may issue a $5,000 fine for a first 67
violation of this para graph. 68
3. The division may issue a $10,000 fine for a second or 69
subsequent violation of this paragraph. 70
Section 3. Section 827.11, Florida Statutes, is created to 71
read: 72
827.11 Exposing children to an adult live performance. — 73
(1) As used in this section, the term: 74
(a) "Adult live performance" means any show, exhibition, 75
HB 1423 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1423-00
Page 4 of 5
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
or other presentation in front of a live audience which, in 76
whole or in part, depicts or simulates nudity, sexual conduct, 77
sexual excitement, specific sexual activities as those terms are 78
defined in s. 847.001, lewd conduct, or the lewd exposure of 79
prosthetic or imitation genitals or breasts when it: 80
1. Predominantly appeals to a prurient, shameful, or 81
morbid interest; 82
2. Is patently offensive to prevailing standards in the 83
adult community of this state as a whole with respect to what is 84
suitable material or conduct for the age of the child present; 85
and 86
3. Taken as a whole, is without serious literary, 87
artistic, political, or scientific value for the age of the 88
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 rea sonably 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 p rosecution 99
for a violation of this section. 100
HB 1423 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1423-00
Page 5 of 5
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(3) A person may not knowingly admit a child to an adult 101
live performance. 102
(4) A violation of subsection (3) constitutes a 103
misdemeanor of the first degree, punishable as provided in s. 104
775.082 or s. 775.083. 105
Section 4. This act shall take effect upon becoming a law. 106