HB 1379 2024
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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 human trafficking; amending s. 2
562.13, F.S.; revising applicability; creating s. 3
787.30, F.S.; prohibiting the employment of persons 4
younger than 21 years of age in adult entertainment 5
establishments; providing criminal penalties; 6
providing an effective date. 7
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WHEREAS, Florida is ranked third nationally for reported 9
cases of human trafficking abuses, many of which involved sex 10
trafficking, and 11
WHEREAS, adult entertainment establishments are widely 12
recognized as being a significant part of the sex trafficking 13
network used by traffickers to coerce and facilitate men, women, 14
and children into performing sexual acts, which places the 15
employees of these establishments in direct and frequent contact 16
with the victims of human trafficking, and 17
WHEREAS, victims of sex trafficking are frequently 18
recruited to work as performers or employees in adult 19
entertainment establishments, and 20
WHEREAS, researchers have found that sex trafficking 21
victims are more likely to be trafficked by someone from within 22
her or his own community, and 23
WHEREAS, persons younger than 21 years are more likely to 24
still remain within and dependent on the community in whic h they 25
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were raised, and 26
WHEREAS, research studies have identified the average age 27
at which a person in the United States enters the sex trade for 28
the first time is age 17, and 29
WHEREAS, sex trade at adult entertainment establishments is 30
a common occurrence in Florida, thereby subjecting performers at 31
these establishments to frequent propositions and enticements to 32
engage in sex trade actions and sex trafficking from customers, 33
as well as strip club employees, managers, and owners, and 34
WHEREAS, an understa nding of history and human nature 35
reveals that there are sex criminals of various kinds who will 36
prey on the young and vulnerable, and 37
WHEREAS, restricting the employment of persons younger than 38
21 years of age at adult entertainment establishments furthe rs 39
an important state interest of protecting those vulnerable 40
individuals from sex trafficking, drug abuse, and other harm, 41
and 42
WHEREAS, many court opinions recognize that while 43
expressive activities are entitled to some First Amendment 44
protections at adult entertainment establishments, content 45
neutral restrictions or regulations intended to minimize the 46
secondary harmful effects of those businesses tend to be upheld, 47
and 48
WHEREAS, on November 16, 2018, the federal Fifth Circuit 49
Court of Appeals, in the ca se of Jane Doe I v. Landry , reported 50
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at 909 F.3d 99 (5th Cir. 2018), upheld a Louisiana law that 51
prohibited establishments licensed to serve alcohol from 52
employing nearly nude entertainers younger than 21 years of age 53
on the grounds that the law furthered the state's interests in 54
curbing human trafficking and prostitution, and 55
WHEREAS, the federal district court in Valadez v. Paxton, 56
553 F.Supp.3d 387 (W.D. Tex. 2021), denied a motion for a 57
preliminary injunction against the enforcement of Texas Senate 58
Bill 315 prohibiting "all working relationships between 18 -20-59
year-olds and sexually-oriented businesses" because the 60
plaintiffs failed to show that the age restrictions were not 61
rationally related to the state's interest in curbing human 62
trafficking, and 63
WHEREAS, the federal district court in DC Operating, LLC v. 64
Paxton, 586 F.Supp.3d 554 (W.D. Tex. 2022), denied a motion for 65
a preliminary injunction against Texas Senate Bill 315, at least 66
in part, because of the state's evidence of the correlation 67
between raising the minimum employment age and reducing human 68
trafficking, and 69
WHEREAS, the federal district court in Wacko's Too, Inc., 70
v. City of Jacksonville , 658 F.Supp.3d 1086 (M.D. Fla. 2023), 71
upheld age restrictions in a City of Jacksonville ordinance 72
requiring performers at adult entertainment establishments to be 73
at least 21 years of age based, at least in part, on evidence 74
that there was a reasonable basis to believe that the age 75
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restrictions would further the City's interest in preventing 76
human and sex trafficking, NOW, THEREFORE, 77
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Be It Enacted by the Legislature of the State of Florida: 79
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Section 1. Section 562.13, Florida Statutes, is amended to 81
read: 82
562.13 Employment of minors or certain other persons by 83
certain vendors prohibited; exceptions.— 84
(1) Unless otherwise provided in this section, it is 85
unlawful for any vendor licensed under the Beverage Law to 86
employ any person under 18 years of age. 87
(2) This section shall not apply to: 88
(a) Professional entertainers 17 years of age w ho are not 89
in school. 90
(b) Minors employed in the entertainment industry, as 91
defined by s. 450.012(5), who have either been granted a waiver 92
under s. 450.095 or employed under the terms of s. 450.132 or 93
under rules adopted pursuant to either of these sect ions. 94
(c) Persons under the age of 18 years who are employed in 95
drugstores, grocery stores, department stores, florists, 96
specialty gift shops, or automobile service stations which have 97
obtained licenses to sell beer or beer and wine, when such sales 98
are made for consumption off the premises. 99
(d) Persons 17 years of age or over or any person 100
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furnishing evidence that he or she is a senior high school 101
student with written permission of the principal of said senior 102
high school or that he or she is a senior high school graduate, 103
or any high school graduate, employed by a bona fide food 104
service establishment where alcoholic beverages are sold, 105
provided such persons do not participate in the sale, 106
preparation, or service of the beverages and that their duties 107
are of such nature as to provide them with training and 108
knowledge as might lead to further advancement in food service 109
establishments. 110
(e) Persons under the age of 18 years employed as 111
bellhops, elevator operators, and others in hotels when such 112
employees are engaged in work apart from the portion of the 113
hotel property where alcoholic beverages are offered for sale 114
for consumption on the premises. 115
(f) Persons under the age of 18 years employed in bowling 116
alleys in which alcoholic beverages are sold or co nsumed, so 117
long as such minors do not participate in the sale, preparation, 118
or service of such beverages. 119
(g) Persons under the age of 18 years employed by a bona 120
fide dinner theater as defined in this paragraph, as long as 121
their employment is limited to the services of an actor, 122
actress, or musician. For the purposes of this paragraph, a 123
dinner theater means a theater presenting consecutive 124
productions playing no less than 3 weeks each in conjunction 125
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with dinner service on a regular basis. In addition, b oth events 126
must occur in the same room, and the only advertised price of 127
admission must include both the cost of the meal and the 128
attendance at the performance. 129
(h) Persons under the age of 18 years who are employed in 130
places of business licensed under s . 565.02(6), provided such 131
persons do not participate in the sale, preparation, or service 132
of alcoholic beverages. 133
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However, a minor to whom this subsection otherwise applies may 135
not be employed if the employment, whether as a professional 136
entertainer or otherwise, involves nudity, as defined in s. 137
847.001, on the part of the minor and such nudity is intended as 138
a form of adult entertainment. 139
(3)(a) It is unlawful for any vendor licensed under the 140
beverage law to employ as a manager or person in charge or as a 141
bartender any person: 142
1. Who has been convicted within the last past 5 years of 143
any offense against the beverage laws of this state, the United 144
States, or any other state. 145
2. Who has been convicted within the last past 5 years in 146
this state or any other state or the United States of soliciting 147
for prostitution, pandering, letting premises for prostitution, 148
keeping a disorderly place, or any felony violation of chapter 149
893 or the controlled substances act of any other state or the 150
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Federal Government. 151
3. Who has, in the last past 5 years, been convicted of 152
any felony in this state, any other state, or the United States. 153
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The term "conviction" shall include an adjudication of guilt on 155
a plea of guilty or nolo contendere or forfeiture of a bond when 156
such person is charged with a crime. 157
(b) This subsection shall not apply to any vendor licensed 158
under the provisions of s. 563.02(1)(a) or s. 564.02(1)(a). 159
Section 2. Section 787.30, Florida Statutes, is created to 160
read: 161
787.30 Employing persons un der the age of 21 years in 162
adult entertainment establishments prohibited. — 163
(1) A person may not knowingly employ any person younger 164
than 21 years in any adult entertainment establishment, as 165
defined in s. 847.001. 166
(2) A person who violates subsection ( 1) commits a felony 167
of the second degree, punishable as provided in s. 775.082, s. 168
775.083, or s. 775.084. 169
Section 3. This act shall take effect July 1, 2024. 170