This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1379c.JDC
DATE: 2/7/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 1379 Human Trafficking
SPONSOR(S): Judiciary Committee, Amesty
TIED BILLS: IDEN./SIM. BILLS: SB 1690
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development
Subcommittee
13 Y, 2 N Wright Anstead
2) Judiciary Committee 17 Y, 2 N, As CS Leshko Kramer
3) Commerce Committee
SUMMARY ANALYSIS
Human trafficking is a form of modern day slavery which involves the transporting, soliciting, recruiting,
harboring, providing, enticing, maintaining, purchasing, patronizing, procuring, or obtaining of another person
for the purpose of exploiting that person.
Section 562.13, F.S., provides that it is unlawful for any licensed alcohol vendor to employ any person under
18 years of age, with certain exceptions. However, a minor to whom these exceptions otherwise apply may not
be employed if the employment, whether as a professional entertainer or otherwise, involves nudity on the part
of the minor and such nudity is intended as a form of adult entertainment.
Section 847.001, F.S., defines “adult entertainment establishment,” to include adult bookstores, adult theaters,
special cabaret, and unlicensed massage establishments.
In an effort to prevent minors from becoming victims of human trafficking and being exploited, s. 450.021, F.S.,
prohibits a person under the age of 18, whether or not such person’s disabilities of nonage have been removed
by marriage or otherwise, from being employed, permitted, or suffered to work in an adult theater.
Several states have enacted laws prohibiting persons under 21 years of age from working or performing in
certain adult entertainment establishments. Some of these laws have been challenged, and some courts have
found that the state has a compelling interest in protecting victims from human trafficking, and that there is
often a link between human trafficking and certain adult entertainment establishments.
CS/HB 1379 creates s. 787.30, F.S., to prohibit an owner, manager, employee, or contractor of an adult
entertainment establishment from knowingly employing, contracting with, contracting with another person to
employ, or otherwise permitting a person under the age of 21 years to perform or work in an adult
entertainment establishment. A violation of this prohibition is a first-degree misdemeanor.
The bill also prohibits an owner, manager, employee, or contractor of an adult entertainment establishment
from knowingly employing, contracting with, contracting with another person to employ, or otherwise permitting
a person under the age of 21 years to perform or work while nude in an adult entertainment establishment. A
violation of this prohibition is a second-degree felony.
The bill amends s. 562.13, F.S., to prohibit a minor who may otherwise meet an exception to work for an
alcohol vendor from being employed by an adult entertainment establishment, as defined in s. 847.001, F.S.
The bill may have a positive impact on jail and prison beds. The bill may have additional fiscal impact on
certain private entities. See Fiscal Analysis.
The bill provides an effective date of July 1, 2024. STORAGE NAME: h1379c.JDC PAGE: 2
DATE: 2/7/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Adult Establishments
Section 847.001, F.S., defines “adult entertainment establishment,” to include adult bookstores, adult
theaters, special cabaret, and unlicensed massage establishments.
An adult bookstore is any corporation, partnership, or business of any kind which restricts or purports to
restrict admission only to adults, which has as part of its stock books, magazines, other periodicals,
videos, discs, or other graphic media and which offers, sells, provides, or rents for a fee any sexually
oriented material.
1
An adult theater is an enclosed building or enclosed space within a building used for presenting either
films, live plays, dances, or other performances that are distinguished or characterized by an emphasis
on matter depicting, describing, or relating to specific sexual activities
2
for observation by patrons, and
which restricts or purports to restrict admission only to adults, or any business that features a person
who engages in specific sexual activities for observation by a patron, and which restricts or purports to
restrict admission to only adults.
Special cabaret is any business that features persons who engage in specific sexual activities for
observation by patrons, and which restricts or purports to restrict admission only to adults.
An unlicensed massage establishment is any business or enterprise that offers, sells, or provides, or
that holds itself out as offering, selling, or providing, massages that include bathing, physical massage,
rubbing, kneading, anointing, stroking, manipulating, or other tactile stimulation of the human body by
either male or female employees or attendants, by hand or by any electrical or mechanical device, on
or off the premises. This term does not include a massage therapy establishment licensed under
s. 480.043, F.S.
Minors Working at a Licensed Alcohol Vendor
1
“Sexually oriented material” means any book, article, magazine, publication, or written matter of any kind or any drawing,
etching, painting, photograph, motion picture film, or sound recording that depicts sexual activity, actual or simulated,
involving human beings or human beings and animals, that exhibits uncovered human genitals or the pubic region in a
lewd or lascivious manner, or that exhibits human male genitals in a discernibly turgid state, even if completely and
opaquely covered. S. 847.001(21), F.S.
2
Section 847.001(23), F.S, defines “specific sexual activities” as the following sexual activities and the exhibition of the
following anatomical areas:
Human genitals in the state of sexual stimulation or arousal.
Acts of human masturbation, sexual intercourse, sodomy, cunnilingus, fellatio, or any excretory function, or
representation thereof.
The fondling or erotic touching of human genitals, the pubic region, the buttocks, or the female breasts.
Less than completely and opaquely covered:
o Human genitals or the pubic region.
o Buttocks.
o Female breasts below the top of the areola.
o Human male genitals in a discernibly turgid state, even if completely and opaquely covered. STORAGE NAME: h1379c.JDC PAGE: 3
DATE: 2/7/2024
In Florida, the Beverage Law
3
regulates the manufacture, distribution, and sale of wine, beer, and liquor
by manufacturers, distributors, and vendors.
4
The Division of Alcoholic Beverages and Tobacco in the
Department of Business and Professional Regulation (DBPR) administers and enforces the Beverage
Law.
5
Since the repeal of Prohibition, regulation of alcohol in the United States has traditionally been based
upon what is termed the “three-tier system.” The system requires separation of the manufacture,
distribution, and sale of alcoholic beverages.
6
The manufacturer creates the beverages, the distributor
obtains the beverages from the manufacturer and then delivers to the vendor, and the vendor makes
the ultimate sale to the consumer.
7
The license and registration classifications used in the Beverage Law include the following:
“Manufacturers” are those “licensed to manufacture alcoholic beverages and distribute the same
at wholesale to licensed distributors and to no one else within the state, unless authorized by
statute.”
“Distributors” are those “licensed to sell and distribute alcoholic beverages at wholesale to
persons who are licensed to sell alcoholic beverages.”
“Vendors” are those “licensed to sell alcoholic beverages at retail only” and may not “purchase
or acquire in any manner for the purpose of resale any alcoholic beverages from any person not
licensed as a vendor, manufacturer, bottler, or distributor under the Beverage Law.”
8
Under s. 562.13, F.S., it is unlawful for any vendor to employ any person under 18 years of age,
9
with
the following exceptions:
10
Professional entertainers 17 years of age who are not in school.
Minors employed in the entertainment industry, under certain circumstances.
Persons under the age of 18 years who are employed in drugstores, grocery stores, department
stores, florists, specialty gift shops, or automobile service stations which have obtained licenses
to sell beer or beer and wine, when such sales are made for consumption off the premises.
Persons 17 years of age or over or any person who is a graduate of or a senior in high school,
employed by a bona fide food service establishment where alcoholic beverages are sold,
provided such persons do not participate in the sale, preparation, or service of the beverages
and that their duties might lead to further advancement in food service establishments.
Persons under the age of 18 years employed as bellhops, elevator operators, and others in
hotels when such employees are engaged in work apart from the portion of the hotel property
where alcoholic beverages are offered for sale for consumption on the premises.
Persons under the age of 18 years employed in bowling alleys in which alcoholic beverages are
sold or consumed, so long as such minors do not participate in the sale, preparation, or service
of such beverages.
Persons under the age of 18 years employed by a bona fide dinner theater, as long as their
employment is limited to the services of an actor, actress, or musician.
Persons under the age of 18 years who are employed at a theme park, provided such persons
do not participate in the sale, preparation, or service of alcoholic beverages.
3
Section 561.01(6), F.S., provides that the “The Beverage Law” includes chs. 561, 562, 563, 564, 565, 567, and 568, F.S.
4
See s. 561.14, F.S.
5
S. 561.02, F.S.
6
Section 561.01, F.S., defines “alcoholic beverages” as “distilled spirits and all beverages containing one-half of 1 percent
or more alcohol by volume.”
7
S. 561.14, F.S.
8
S. 561.14, F.S.
9
S. 562.13(1), F.S.
10
S. 562.13(2), F.S. STORAGE NAME: h1379c.JDC PAGE: 4
DATE: 2/7/2024
However, a minor to whom these exceptions otherwise apply may not be employed if the employment,
whether as a professional entertainer or otherwise, involves nudity,
11
on the part of the minor and such
nudity is intended as a form of adult entertainment.
12
Human Trafficking
The Florida Legislature recognizes human trafficking as a form of modern-day slavery whose victims
include young children, teenagers, and adults who may be citizens that are trafficked domestically
within the borders of the United States or smuggled across international borders worldwide.
13
Victims of
human trafficking may be forced to work in prostitution or sexual entertainment; however, trafficking
also occurs in the form of labor exploitation, such as domestic servitude, or through forced restaurant
work, janitorial work, factory work, and agricultural work.
14
Section 787.06, F.S., defines “human trafficking” as transporting, soliciting, recruiting, harboring,
providing, enticing, maintaining,
15
purchasing, patronizing, procuring, or obtaining
16
another person for
the purpose of exploitation of that person.
17
Human trafficking includes two types of exploitation: commercial sexual exploitation and forced labor.
18
In 2022, according to the Department of Children and Families, 354 youth were verified as victims of
commercial sexual exploitation in Florida. The number has decreased from 2021, when 379 youth were
verified as victims.
19
Soliciting or Purchasing Prostitution
Section 796.07, F.S., defines prostitution as the giving or receiving of the body for sexual activity
20
for
hire.
21
Under s. 796.07(2)(a)-(e) and (g)-(i), F.S., it is a second-degree misdemeanor:
22
To own, establish, maintain, or operate any place, structure, building, or conveyance for the
purpose of lewdness,
23
assignation,
24
or prostitution;
11
Section 847.001(11), F.S., defines “nudity” as the showing of the human male or female genitals, pubic area, or
buttocks with less than a fully opaque covering; or the showing of the female breast with less than a fully opaque covering
of any portion thereof below the top of the nipple; or the depiction of covered male genitals in a discernibly turgid state. A
mother’s breastfeeding of her baby does not under any circumstance constitute “nudity,” irrespective of whether or not the
nipple is covered during or incidental to feeding.
12
S. 562.13(2), F.S.
13
Section 787.06, F.S.
14
Id.
15
Section 787.06(2)(f), F.S., provides “maintain” means, in relation to labor or services, to secure or make possible
continued performance thereof, regardless of any initial agreement on the part of the victim to perform such type service.
Section 787.06(2)(h), F.S., defines “services” as any act committed at the behest of, under the supervision of, or for the
benefit of another, including forced marriage, servitude, or the removal of organs.
16
Section 787.06(2)(g), F.S., provides “obtain” means, in relation to labor, commercial sexual activity, or services, to
receive, take possession of, or take custody of another person or secure performance thereof. Section 787.06(2)(e), F.S.,
provides “labor” means work of economic or financial value.
17
S. 787.06(2)(d), F.S.
18
S. 787.06, F.S.
19
Office of Program Policy Analysis & Government Accountability, Annual Report on Commercial Sexual Exploitation of
Children in Florida, 2023, available at https://oppaga.fl.gov/Documents/Reports/23-08.pdf (last visited Feb. 2, 2024).
20
“Sexual activity” means oral, anal, or female genital penetration by, or union with, the sexual organ of another; anal or
female genital penetration of another by any other object; or the handling or fondling of the sexual organ of another for the
purpose of masturbation; however, the term does not include acts done for bona fide medical purposes. S. 796.07(1)(e),
F.S.
21
This definition excludes sexual activity between spouses. s. 796.07(1)(d), F.S.
22
A second-degree misdemeanor is punishable by up to 60 days in county jail and a fine not exceeding $500. Ss.
775.082(4)(b) and 775.083(1)(e), F.S
23
“Lewdness” means any indecent or obscene act. S. 796.07(1)(c), F.S
24
“Assignation” means the making of any appointment or engagement for prostitution or lewdness, or any act in
furtherance of such appointment or engagement. S. 796.07(1)(a), F.S. STORAGE NAME: h1379c.JDC PAGE: 5
DATE: 2/7/2024
To offer, or to offer or agree to secure, another for the purpose of prostitution or for any other
lewd or indecent act;
To receive, or to offer or agree to receive, any person into any place, structure, building, or
conveyance for the purpose of prostitution, lewdness, or assignation, or to permit any person to
remain there for such purpose;
To direct, take, or transport, or to offer or agree to direct, take, or transport, any person to any
place, structure, or building, or to any other person, with knowledge or reasonable cause to
believe that the purpose of such directing, taking, or transporting is prostitution, lewdness, or
assignation;
For a person 18 years of age or older to offer to commit, or to commit, or to engage in,
prostitution, lewdness, or assignation;
To reside in, enter, or remain in, any place, structure, or building, or to enter or remain in any
conveyance, for the purpose of prostitution, lewdness, or assignation;
To aid, abet, or participate in any of the acts or things listed above; or
To purchase the services of any person engaged in prostitution.
25
Additionally, under s. 796.07(2)(f), F.S., a person who solicits, induces, entices, or procures another
person to commit prostitution, lewdness, or assignation commits a first-degree misdemeanor
26
for a first
violation, a third-degree felony
27
for a second violation, and a second-degree felony
28
for a third or
subsequent violation.
29
An offender convicted for soliciting another person to commit prostitution is also
subject to additional penalties including:
100 hours of community service;
30
Being required to pay for and attend an educational program about the negative effects of
prostitution and human trafficking, such as a sexual violence prevention education program,
including such programs offered by faith-based providers, if such a program is offered in the
circuit in which the offender is sentenced;
31
A 10-day mandatory minimum jail sentence for a second or subsequent violation;
32
Vehicle impoundment up to 60 days if the offender used a car to commit the violation;
33
and
A $5,000 civil fine.
34
Child Exploitation Offenses
The following crimes are related to child exploitation:
Using a Child in Sexual Performance:
o Section 827.071(2), F.S., prohibits a person from, knowing the character and content
thereof, employing, authorizing, or inducing a child to engage in a sexual performance;
or being a parent, legal guardian, or custodian of such child, consenting to the
participation by such child in a sexual performance. A violation for using a child in a
sexual performance is a second-degree felony.
Promoting a Sexual Performance by a Child:
o Under s. 827.071(3), F.S., a person commits a second-degree felony if, knowing the
character and content thereof, he or she produces, directs, or promotes any
performance which includes sexual conduct by a child.
Possessing Child Pornography with Intent to Promote:
25
S. 796.07(2), F.S.
26
A first-degree misdemeanor is punishable by a term of imprisonment not exceeding one year and a $1,000 fine. Ss.
775.082 and 775.083, F.S.
27
A third-degree felony is punishable by five years’ imprisonment and a $5,000 fine. Ss. 775.082, 775.083, or 775.084,
F.S.
28
A second-degree felony is punishable by 15 years’ imprisonment and a $10,000 fine. Ss. 775.082, 775.083, or 775.084,
F.S.
29
S. 796.07(2)(f) and (5)(a), F.S.
30
S. 796.07(5)(b)1., F.S.
31
S. 796.07(5)(b)2., F.S.
32
S. 796.07(5)(c), F.S.
33
S. 796.07(5)(d), F.S.
34
S. 796.07(6), F.S. STORAGE NAME: h1379c.JDC PAGE: 6
DATE: 2/7/2024
o Under s. 827.071(4), F.S., a person commits a second-degree felony if he or she
possesses with the intent to promote any photograph, motion picture, exhibition, show,
representation, or other presentation which, in whole or in part, includes child
pornography. The possession of three or more copies of such photograph, motion
picture, representation, or presentation is prima facie evidence of an intent to promote.
Protection of Minors:
o Section 847.0133, F.S., provides that a person may not knowingly sell, rent, loan, give
away, distribute, transmit, or show any obscene material to a minor. A violation of the
prohibition is a third-degree felony.
Section 827.071, F.S., defines the following relevant terms:
“Child pornography” means any image depicting a minor engaged in sexual conduct, or any
image that has been created, altered, adapted, or modified by electronic, mechanical, or other
means, to portray an identifiable minor engaged in sexual conduct.
35
“Sexual conduct” means actual or simulated sexual intercourse, deviate sexual intercourse,
sexual bestiality, masturbation, or sadomasochistic abuse; actual or simulated lewd exhibition of
the genitals; actual physical contact with a person’s clothed or unclothed genitals, pubic area,
buttocks, or, if such person is a female, breast, with the intent to arouse or gratify the sexual
desire of either party; or any act or conduct which constitutes sexual battery or simulates that
sexual battery is being or will be committed.
36
“Sexual performance” means any performance or part thereof which includes sexual conduct by
a child.
37
Section 874.001, F.S., defines “obscene” as the status of material which:
The average person, applying contemporary community standards, would find, taken as a
whole, appeals to the prurient interest;
Depicts or describes, in a patently offensive way, sexual conduct as specifically defined herein;
and
Taken as a whole, lacks serious literary, artistic, political, or scientific value.
A mother’s breastfeeding of her baby is not under any circumstance “obscene.”
Minors Working in the Entertainment Industry
DBPR’s Division of Regulation administers and enforces the state’s Child Labor Law
38
through its Child
Labor Program
39
to provide a program of education, enforcement, and administrative initiatives
designed to achieve full compliance in the enforcement of child labor laws and ensure the health,
education and welfare of Florida’s working minors.”
40
The Child Labor Law includes restrictions on
children working in the entertainment industry.
41
35
S. 827.071(1)(b), F.S.
36
A mother’s breastfeeding of her baby does not under any circumstance constitute “sexual conduct.” S. 827.071(1)(l),
F.S.
37
“Performance” means any play, motion picture, photograph, or dance or any other visual representation exhibited
before an audience. S. 827.071(1)(m) and (g), F.S.
38
See ss. 450.001-450.165, F.S.
39
Section 450.155, F.S., provides that Child Labor Law program appropriations made by the Legislature shall be used to
carry out the proper responsibilities of administering the Child Labor Law, to protect the working youth of the state, and to
provide education about the Child Labor Law to employers, public school employees, the general public, and working
youth.
40
Florida Department of Business and Professional Regulation, Child Labor,
http://www.myfloridalicense.com/DBPR/child-labor/ (last visited Feb. 2, 2024).
41
S. 450.012(5), F.S. STORAGE NAME: h1379c.JDC PAGE: 7
DATE: 2/7/2024
Section 450.021, F.S., provides the following prohibition to prevent minors from being exploited and
becoming victims of human trafficking:
42
A person under the age of 18, whether or not such person’s disabilities of nonage have been
removed by marriage or otherwise, may not be employed, permitted, or suffered to work in an
adult theater, as defined in s. 847.001(2)(b), F.S.
Section 450.141, F.S., provides that any person that violates child labor laws by employing or
permitting or suffering any minor to be employed or to work in violation of the child labor laws, or by
obstructing persons authorized to inspect places of employment commits a second-degree
misdemeanor.
43
Additionally, each day during which any such violation continues constitutes a
separate and distinct offense, and the employment of any minor in violation of the law, with respect to
each minor so employed, constitutes a separate and distinct offense.
44
Section 450.151, F.S., prohibits any person, as a second-degree felony, from:
45
Taking, receiving, hiring, employing, using, exhibiting, or, in any manner or under any pretense,
causing or permitting any child less than 18 years of age to suffer;
Inflicting upon any such child unjustifiable physical pain or mental suffering;
Willfully causing or permitting the life of any such child to be endangered or his or her health to
be injured or such child to be placed in such situation that his or her life may be endangered or
health injured; or
Having in his or her custody any such child for any of these purposes.
Local Government Prohibitions on Minors in Adult Entertainment Establishments
In general, counties and municipalities have the power to enforce zoning and such business regulations
that are necessary for the protection of the public.
46
Local governments around the state limit minors from working in adult entertainment establishments.
For example, an Orange County ordinance provides that it is unlawful for an operator or worker of an
adult entertainment establishment to knowingly, or with reason to know, permit, suffer, or allow:
47
Admittance to the establishment of a person under 18 years of age;
A person under 18 years of age to remain at the establishment;
A person under 18 years of age to purchase goods or services at the establishment; or
A person to work at the establishment as a worker who is under 18 years of age.
Employee Age Minimums for Adult Entertainment Establishments
Several states have enacted laws prohibiting persons under 21 years of age from working or
performing in certain adult entertainment establishments. Some of these laws have been challenged,
and some courts have found that the state has a compelling interest in protecting victims from human
trafficking, and that there is often a link between human trafficking and certain adult entertainment
establishments.
In Jane Doe I v. Landry, the United States Court of Appeals, Fifth Circuit, upheld a Louisiana law that
prohibited establishments licensed to serve alcohol from employing nearly nude entertainers younger
than 21 years of age on the grounds that the law furthered the state’s interests in curbing human
trafficking and prostitution.
48
The court found that the State of Louisiana sufficiently demonstrated its
reasonable belief that there was a link between Louisiana statutes that prohibited women aged 18 to
42
S. 450.021(5), F.S.
43
S. 450.141(1), F.S.
44
Id.
45
S. 450.151, F.S.
46
Ss. 125.01(1)(h) and166.042, F.S.
47
Ch. 3 § 3-131, Orange County Code of Ordinances.
48
Doe I v. Landry, 909 F.3d 99, 109 (5th Cir. 2018). STORAGE NAME: h1379c.JDC PAGE: 8
DATE: 2/7/2024
21-years-old from nude erotic dancing in establishments that served alcohol and curbing the secondary
effects of human trafficking and prostitution such that the statutes furthered a substantial governmental
interest, as required for the statutes to survive intermediate scrutiny following erotic dancers’ First
Amendment free speech challenge.
49
In Valadez v. Paxton, the United States District Court, W.D. Texas, Austin Division, denied a motion for
a preliminary injunction against the enforcement of a Texas bill prohibiting “all working relationships
between 18-20-year-olds and sexually-oriented businesses,” holding that the State of Texas sufficiently
demonstrated that it held a reasonable belief that the law prohibiting such working relationships would
serve to curb harmful secondary effects of sexually-oriented businesses, including trafficking and
sexual exploitation, and the plaintiff failed to show that the age restrictions were not rationally related to
the state’s interest in curbing human trafficking.
50
In DC Operating, LLC v. Paxton, the United States District Court, W.D. Texas, Austin Division, denied a
motion for a preliminary injunction in part, finding that the state’s recently enacted bill relating to
restrictions on the age of persons employed by or allowed on the premises of a sexually-oriented
business was rationally related to the state’s interest in curbing human trafficking.
51
The court ruled that
the plaintiff failed to establish a likelihood of success on the merits under the First Amendment,
Fourteenth Amendment Due Process and Equal Protection Clauses of the United States Constitution,
and Texas Constitution’s equivalent provisions.
52
In Wacko’s Too, Inc. v. City of Jacksonville, the United States District Court, M.D. Florida, upheld age
restrictions in a City of Jacksonville ordinance requiring performers at adult entertainment
establishments to be at least 21 years of age based, at least in part, on evidence that there was a
reasonable basis to believe that the age restrictions would further the city’s interest in preventing
human and sex trafficking.
53
The city ordinance provisions forbid anyone under age 21 from receiving
the requisite license to perform at adult entertainment establishments in the city.
General Employment Restrictions for Minors
Section 450.061, F.S., prohibits minors under 18 years of age, regardless of whether such person’s
disabilities of nonage have been removed, from being employed or permitted or suffered to work in any
of the following places of employment or in any of the following occupations, with specified exceptions
for student learners under certain conditions:
54
In or around explosive or radioactive materials.
On any scaffolding, roof, superstructure, residential or nonresidential building construction, or
ladder above 6 feet.
In or around toxic substances or corrosives, including pesticides or herbicides, unless proper
field entry time allowances have been followed.
Any mining occupation.
In the operation of power-driven woodworking machines.
In the operation of power-driven hoisting apparatus.
In the operation of power-driven metal forming, punching, or shearing machines.
Slaughtering, meat packing, processing, or rendering, except as provided in 29 C.F.R. s.
570.61(c).
In the operation of power-driven bakery machinery.
In the operation of power-driven paper products and printing machines.
Manufacturing brick, tile, and like products.
Wrecking or demolition.
Excavation operations.
49
Id.
50
Valadez v. Paxton, 553 F. Supp.3d 387 (W.D. Tex. 2021).
51
DC Operating, LLC v. Paxton, 586 F.Supp.3d 554, 572 (W.D. Tex. 2022).
52
Id.
53
Wacko’s Too Inc. v. City of Jacksonville, 658 F.Supp.3d 1086 (11th Cir. 2023).
54
S. 450.061(2), F.S. STORAGE NAME: h1379c.JDC PAGE: 9
DATE: 2/7/2024
Logging or sawmilling.
Working on electric apparatus or wiring.
Firefighting.
Operating or assisting to operate, including starting, stopping, connecting or disconnecting,
feeding, or any other activity involving physical contact associated with operating, a tractor over
20 PTO horsepower, any trencher or earthmoving equipment, fork lift, or any harvesting,
planting, or plowing machinery, or any moving machinery.
Florida law further prohibits the employment of minors under 18 years of age, whether such person’s
disabilities of nonage have been removed by marriage or otherwise, from being employed or permitted
or suffered to work in any place of employment or at any occupation hazardous or injurious to the life,
health, safety, or welfare of such minor, as such places of employment or occupations may be
determined and declared by the department to be hazardous and injurious.
55
These prohibitions do not apply to minors employed in the entertainment industry.
56
Effect of the Bill
CS/HB 1379 creates s. 787.30, F.S., to prohibit an owner, manager, employee, or contractor of an adult
entertainment establishment from knowingly employing, contracting with, contracting with another
person to employ, or otherwise permitting a person under the age of 21 years to perform or work in an
adult entertainment establishment. A violation of this prohibition is a first-degree misdemeanor.
The bill also prohibits an owner, manager, employee, or contractor of an adult entertainment
establishment from knowingly employing, contracting with, contracting with another person to employ,
or otherwise permitting a person under the age of 21 years to perform or work while nude in an adult
entertainment establishment. A violation of this prohibition is a second-degree felony.
The bill requires an owner, manager, employee, or contractor of an adult entertainment establishment
who employs a person to perform as an entertainer or work in any capacity in an adult entertainment
establishment to carefully check a driver license, identification card, passport, or United States
Uniformed Services identification card presented by the person and to act in good faith and reliance
upon such a representation and the appearance of the person in determining that he or she is 21 years
of age or older.
The bill also amends s. 562.13, F.S., to prohibit a minor who may otherwise meet an exception to work
for an alcohol vendor from being employed by an adult entertainment establishment, as defined in s.
847.001, F.S.
The bill defines “adult entertainment establishment” as it is defined in s. 847.001, F.S.
The bill defines “nude” as the showing of the human male or female genitals, pubic area, or buttock
with less than a fully opaque covering; or the showing of the female breast with less than a fully opaque
covering of any portion thereof below the top of the nipple; or the depiction of the covered male genitals
in a discernibly turgid state. A mother’s breastfeeding of her baby does not under any circumstance
constitute nudity, regardless of whether or not the nipple is covered during or incidental to feeding.
The bill makes the following findings:
Florida is ranked third nationally for reported cases of human trafficking abuses, many of which
involved sex trafficking;
Adult entertainment establishments are widely recognized as being a significant part of the sex
trafficking network used by traffickers to coerce and facilitate men, women, and children into
performing sexual acts, which places the employees of these establishments in direct and
frequent contact with the victims of human trafficking;
55
S. 450.061(3), F.S.
56
S. 450.061(4), F.S. STORAGE NAME: h1379c.JDC PAGE: 10
DATE: 2/7/2024
Victims of sex trafficking are frequently recruited to work as performers or employees in adult
entertainment establishments;
Researchers have found that sex trafficking victims are more likely to be trafficked by someone
from within her or his own community;
Persons younger than 21 years of age are more likely to still remain within and dependent on
the community in which they were raised;
Research studies have identified the average age at which a person in the United States enters
the sex trade for the first time is age 17;
Sex trade at adult entertainment establishments is a common occurrence in Florida, thereby
subjecting performers at these establishments to frequent propositions and enticements to
engage in sex trade actions and sex trafficking from customers, as well as strip club employees,
managers, and owners;
An understanding of history and human nature reveals that there are sex criminals of various
kinds who will prey on the young and vulnerable;
Restricting the employment of persons younger than 21 years of age at adult entertainment
establishments furthers an important state interest of protecting those vulnerable individuals
from sex trafficking, drug abuse, and other harm;
Many court opinions recognize that while expressive activities are entitled to some First
Amendment protections at adult entertainment establishments, content neutral restrictions or
regulations intended to minimize the secondary harmful effects of those businesses tend to be
upheld;
On November 16, 2018, the federal Fifth Circuit Court of Appeals, in the case of Jane Doe I v.
Landry, 909 F.3d 99 (5th Cir. 2018), upheld a Louisiana law that prohibited establishments
licensed to serve alcohol from employing nearly nude entertainers younger than 21 years of age
on the grounds that the law furthered the state's interests in curbing human trafficking and
prostitution;
The federal district court in Valadez v. Paxton, 553 F.Supp.3d 387 (W.D. Tex. 2021), denied a
motion for a preliminary injunction against the enforcement of Texas Senate Bill 315 prohibiting
"all working relationships between 18-20-year-olds and sexually-oriented businesses" because
the plaintiffs failed to show that the age restrictions were not rationally related to the state's
interest in curbing human trafficking;
The federal district court in DC Operating, LLC v. Paxton, 586 F.Supp.3d 554 (W.D. Tex. 2022),
denied a motion for a preliminary injunction against Texas Senate Bill 315, at least in part,
because of the state's evidence of the correlation between raising the minimum employment
age and reducing human trafficking; and
The federal district court in Wacko's Too, Inc., v. City of Jacksonville, 658 F.Supp.3d 1086 (M.D.
Fla. 2023), upheld age restrictions in a City of Jacksonville ordinance requiring performers at
adult entertainment establishments to be at least 21 years of age based, at least in part, on
evidence that there was a reasonable basis to believe that the age restrictions would further the
city's interest in preventing human and sex trafficking.
The bill provides an effective date of July 1, 2024.
B. SECTION DIRECTORY:
Section 1: Amends s. 562.13, F.S.; relating to employment of minors or certain other persons by
certain vendors prohibited; exceptions.
Section 2: Creates s. 787.30, F.S.; relating to employing persons under the age of 21 years in adult
entertainment establishments prohibited.
Section 3: Provides an effective date of July 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None. STORAGE NAME: h1379c.JDC PAGE: 11
DATE: 2/7/2024
2. Expenditures:
See Fiscal Comments.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
See Fiscal Comments.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may have an indeterminate negative fiscal impact on adult entertainment establishments which
the bill prohibits from employing any person younger than 21 years of age to work in such
establishment to the extent that costs are incurred in replacing current employees who are under 21
years of age or in hiring new employees who are 21 years of age or older.
D. FISCAL COMMENTS:
The bill may have a positive impact on jail and prison beds by creating a new misdemeanor and a new
felony offense prohibiting a person from knowingly employing a person younger than 21 years of age in
any adult entertainment establishment, which may result in increased jail and prison admissions.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
The First Amendment of the United States Constitution provides that “Congress shall make no law ...
abridging the freedom of speech.”
57
The rights guaranteed by the First Amendment apply with equal
force to state governments through the due process clause of the Fourteenth Amendment.
“The Supreme Court has [ ] reaffirmed that nude dancing . . . is expressive conduct that falls within
the outer ambit of the First Amendment.”
58
The Supreme Court has identified a third category of regulation of expressive conduct.
These regulations define the regulated conduct by its expressive content, and, to this
extent, they are content-based. Their purpose, however, is not to ban the expressive
conduct, but merely to establish restrictions on the time, place, and manner of its
presentation. Although content-based, such a regulation will be treated as if it were content-
neutral if it serves a substantial government purpose that is unrelated to the suppression
of the expressive conduct. In the context of adult entertainment, the [Supreme] Court held
57
U.S. Const., amend I.
58
Fly Fish, Inc. v. City of Cocoa Beach, 337 F.3d 1301, 1305 (11th Cir. 2003). STORAGE NAME: h1379c.JDC PAGE: 12
DATE: 2/7/2024
that this purpose can be located in combating the harmful secondary effects of that conduct
on the surrounding community.
59
“Harmful secondary effects can include the impacts on public health, safety, and welfare. Attempting
to curtail human and sex trafficking constitutes a substantial government interest.”
60
Regulations that target undesirable secondary effects of protected expression deemed content-
neutral are reviewed with an intermediate level of scrutiny known as the O'Brien test.
61
“A law is valid
under O'Brien if the law is grounded in a substantial governmental interest, and the incidental
restriction on speech is no broader than necessary to further that interest.”
62
“In Ward,
63
the Supreme
Court explained that narrow tailoring is satisfied if the regulation of time, place, or manner of
protected speech promotes a substantial government interest that would be achieved less effectively
absent the regulation.”
3. RULE-MAKING AUTHORITY:
None.
4. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On February 7, 2024, the Judiciary Committee adopted an amendment and reported the bill favorably as a
committee substitute. The amendment:
Restored language in s. 562.13, F.S., prohibiting a minor who may otherwise qualify for an
exemption to work for an alcohol vendor from being employed in a position that involves nudity on
the part of the minor for the purpose of adult entertainment; and specified that such a minor is also
prohibited from being employed at an adult entertainment establishment.
Created separate penalties for employing a person under the age of 21 to work in an adult
entertainment establishment based on whether such a person is employed to perform or work nude,
including:
o A first-degree misdemeanor for employing, contracting with, contracting with another person
to employ, or otherwise permitting a person under the age of 21 to perform or work in an
adult entertainment establishment; and
o A second-degree felony for employing, contracting with, contracting with another person to
employ, or otherwise permitting a person under the age of 21 to perform or work while nude
in such an establishment.
Required an owner, manager, employee, or contractor of an adult entertainment establishment who
employs a person to perform as an entertainer or work in any capacity in an adult entertainment
establishment to carefully check a driver license, identification card, passport, or United States
Uniformed Services identification card presented by the person and to act in good faith and reliance
upon such a representation and the appearance of the person in determining that he or she is 21
years of age or older.
Provided definitions.
This analysis is drafted to the committee substitute as passed by the Judiciary Committee.
59
Wacko’s Too Inc., 658 F.Supp.3d at 1102.
60
Wacko’s Too Inc., 658 F.Supp.3d at 1103-1104.
61
Artistic Ent., Inc. v. City of Warner Robins, 223 F.3d 1306, 1308–1309 (11th Cir. 2000).
62
Wacko’s Too Inc., 658 F.Supp.3d at 1103.
63
491 U.S. 781 (1989).