CS/HB 1423 2023
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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
creating s. 255.71, F.S.; defining the term 3
"governmental entity"; prohibiting a governmental 4
entity from issuing a permit or otherwise authorizing 5
a person to conduct a performance in violation of 6
specified provisions; providing criminal penalties; 7
amending s. 509.261, F.S .; authorizing the Division of 8
Hotels and Restaurants of the Department of Business 9
and Professional Regulation to fine, suspend, or 10
revoke the license of any public lodging establishment 11
or public food service establishment if the 12
establishment admits a c hild to an adult live 13
performance; specifying that a specified violation 14
constitutes an immediate, serious danger to the public 15
health, safety, or welfare; authorizing the division 16
to issue specified fines for first, second, and 17
subsequent violations of ce rtain provisions; amending 18
s. 561.29, F.S.; specifying that the Division of 19
Alcoholic Beverages and Tobacco of the Department of 20
Business and Professional Regulation is given full 21
power and authority to revoke or suspend the license 22
of any person issued un der the Beverage Law when it is 23
determined or found by the division upon sufficient 24
cause appearing that he or she is maintaining a 25
CS/HB 1423 2023
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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
licensed premises that admits a child to an adult live 26
performance; specifying that a specified violation 27
constitutes an immediate serious danger to the public 28
health, safety, or welfare; authorizing the division 29
to issue specified fines for first, second, and 30
subsequent violations of certain provisions; creating 31
s. 827.11, F.S.; defining the terms "adult live 32
performance" and "knowingly"; prohibiting the raising 33
of specified arguments as a defense in a prosecution 34
for certain violations; prohibiting a person from 35
knowingly admitting a child to an adult live 36
performance; providing criminal penalties; providing 37
an effective date. 38
39
Be It Enacted by the Legislature of the State of Florida: 40
41
Section 1. Section 255.7 1, Florida Statutes, is created to 42
read: 43
255.71 Public permitting.— 44
(1) As used in this section, the term "governmental 45
entity" means any state, county, distri ct, or municipal officer, 46
department, division, board, bureau, commission, or other 47
separate unit of government created or established by law and 48
any other public or private agency, person, partnership, or 49
corporation or business entity acting on behalf of any public 50
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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
agency. 51
(2) A governmental entity may not issue a permit or 52
otherwise authorize a person to conduct a performance in 53
violation of s. 827.11. 54
(3) If a violation of s. 827.11 occurs for a lawfully 55
issued permit or other authorization, the ind ividual who was 56
issued the permit or other authorization commits a misdemeanor 57
of the first degree, punishable as provided in s. 775.082 or s. 58
775.083. 59
Section 2. Subsection (10) is added to section 509.261, 60
Florida Statutes, to read: 61
509.261 Revocation or suspension of licenses; fines; 62
procedure.— 63
(10)(a) The division may fine, suspend, or revoke the 64
license of any public lodging establishment or public food 65
service establishment if the establishment admits a child to an 66
adult live performance in v iolation of s. 827.11. 67
(b) A violation of this subsection constitutes an 68
immediate serious danger to the public health, safety, or 69
welfare for the purposes of s. 120.60(6). 70
(c) Notwithstanding subsection (1), the division may issue 71
a $5,000 fine for an establishment's first violation of this 72
subsection. 73
(d) Notwithstanding subsection (1), the division may issue 74
a $10,000 fine for an establishment's second or subsequent 75
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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
violation of this subsection. 76
Section 3. Paragraph (l) is added to subsection ( 1) of 77
section 561.29, Florida Statutes, to read: 78
561.29 Revocation and suspension of license; power to 79
subpoena.— 80
(1) The division is given full power and authority to 81
revoke or suspend the license of any person holding a license 82
under the Beverage Law, when it is determined or found by the 83
division upon sufficient cause appearing of: 84
(l) Maintaining a licensed premises that admits a child to 85
an adult live performance in violation of s. 827.11. 86
1. A violation of this paragraph constitutes an imme diate, 87
serious danger to the public health, safety, or welfare for the 88
purposes of s. 120.60(6). 89
2. The division may issue a $5,000 fine for a first 90
violation of this paragraph. 91
3. The division may issue a $10,000 fine for a second or 92
subsequent violation of this paragraph. 93
Section 4. Section 827.11, Florida Statutes, is created to 94
read: 95
827.11 Exposing children to an adult live performance. — 96
(1) As used in this section, the term: 97
(a) "Adult live performance" means any show, exhibition, 98
or other presentation in front of a live audience which, in 99
whole or in part, depicts or simulates nudity, sexual conduct, 100
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sexual excitement, or specific sexual activities as those terms 101
are defined in s. 847.001, lewd conduct, or the lewd exposure of 102
prosthetic or imitation genitals or breasts when it: 103
1. Predominantly appeals to a prurient, shameful, or 104
morbid interest; 105
2. Is patently offensive to prevailing standards in the 106
adult community of this state as a whole with respect to what is 107
suitable material or conduct for the age of the child present; 108
and 109
3. Taken as a whole, is without serious literary, 110
artistic, political, or scientific value for the age of the 111
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 chil d. 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 admi t a child to an adult 124
live performance. 125
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(4) A violation of subsection (3) constitutes a 126
misdemeanor of the first degree, punishable as provided in s. 127
775.082 or s. 775.083. 128
Section 5. This act shall take effect upon becoming a law. 129