| 17 | | - | 787.30, F.S.; providing definitions; prohibiting the 4 |
|---|
| 18 | | - | employment of persons younger than 21 years of age in 5 |
|---|
| 19 | | - | adult entertainment establishments; providing criminal 6 |
|---|
| 20 | | - | penalties; requiring adult entertainment 7 |
|---|
| 21 | | - | establishments to check identification of 8 |
|---|
| 22 | | - | entertainers; specifying forms of identification that 9 |
|---|
| 23 | | - | may be used; providing an effective date. 10 |
|---|
| 24 | | - | 11 |
|---|
| 25 | | - | WHEREAS, Florida is ranked third nationally for reported 12 |
|---|
| 26 | | - | cases of human trafficking abuses, many of which involved sex 13 |
|---|
| 27 | | - | trafficking, and 14 |
|---|
| 28 | | - | WHEREAS, adult entertainment establishments are widely 15 |
|---|
| 29 | | - | recognized as being a sign ificant part of the sex trafficking 16 |
|---|
| 30 | | - | network used by traffickers to coerce and facilitate men, women, 17 |
|---|
| 31 | | - | and children into performing sexual acts, which places the 18 |
|---|
| 32 | | - | employees of these establishments in direct and frequent contact 19 |
|---|
| 33 | | - | with the victims of human traff icking, and 20 |
|---|
| 34 | | - | WHEREAS, victims of sex trafficking are frequently 21 |
|---|
| 35 | | - | recruited to work as performers or employees in adult 22 |
|---|
| 36 | | - | entertainment establishments, and 23 |
|---|
| 37 | | - | WHEREAS, researchers have found that sex trafficking 24 |
|---|
| 38 | | - | victims are more likely to be trafficked by someon e from within 25 |
|---|
| 17 | + | 787.30, F.S.; prohibiting the employment of persons 4 |
|---|
| 18 | + | younger than 21 years of age in adult entertainment 5 |
|---|
| 19 | + | establishments; providing criminal penalties; 6 |
|---|
| 20 | + | providing an effective date. 7 |
|---|
| 21 | + | 8 |
|---|
| 22 | + | WHEREAS, Florida is ranked third nationally for reported 9 |
|---|
| 23 | + | cases of human trafficking abuses, many of which involved sex 10 |
|---|
| 24 | + | trafficking, and 11 |
|---|
| 25 | + | WHEREAS, adult entertainment establishments are widely 12 |
|---|
| 26 | + | recognized as being a significant part of the sex trafficking 13 |
|---|
| 27 | + | network used by traffickers to coerce and facilitate men, women, 14 |
|---|
| 28 | + | and children into performing sexual acts, which places the 15 |
|---|
| 29 | + | employees of these establishments in direct and frequent contact 16 |
|---|
| 30 | + | with the victims of human trafficking, and 17 |
|---|
| 31 | + | WHEREAS, victims of sex trafficking are frequently 18 |
|---|
| 32 | + | recruited to work as performers or employees in adult 19 |
|---|
| 33 | + | entertainment establishments, and 20 |
|---|
| 34 | + | WHEREAS, researchers have found that sex trafficking 21 |
|---|
| 35 | + | victims are more likely to be trafficked by someone from within 22 |
|---|
| 36 | + | her or his own community, and 23 |
|---|
| 37 | + | WHEREAS, persons younger than 21 years are more likely to 24 |
|---|
| 38 | + | still remain within and dependent on the community in whic h they 25 |
|---|
| 51 | | - | her or his own community, and 26 |
|---|
| 52 | | - | WHEREAS, persons younger than 21 years of age are more 27 |
|---|
| 53 | | - | likely to still remain within and dependent on the community in 28 |
|---|
| 54 | | - | which they were raised, and 29 |
|---|
| 55 | | - | WHEREAS, research studies have identified the average age 30 |
|---|
| 56 | | - | at which a person in the United States enters the sex trade for 31 |
|---|
| 57 | | - | the first time is age 17, and 32 |
|---|
| 58 | | - | WHEREAS, sex trade at adult entertainment establishments is 33 |
|---|
| 59 | | - | a common occurrence in Florida, thereby subjecting performers at 34 |
|---|
| 60 | | - | these establishments to frequent proposit ions and enticements to 35 |
|---|
| 61 | | - | engage in sex trade actions and sex trafficking from customers, 36 |
|---|
| 62 | | - | as well as strip club employees, managers, and owners, and 37 |
|---|
| 63 | | - | WHEREAS, an understanding of history and human nature 38 |
|---|
| 64 | | - | reveals that there are sex criminals of various kinds who will 39 |
|---|
| 65 | | - | prey on the young and vulnerable, and 40 |
|---|
| 66 | | - | WHEREAS, restricting the employment of persons younger than 41 |
|---|
| 67 | | - | 21 years of age at adult entertainment establishments furthers 42 |
|---|
| 68 | | - | an important state interest of protecting those vulnerable 43 |
|---|
| 69 | | - | individuals from sex traff icking, drug abuse, and other harm, 44 |
|---|
| 70 | | - | and 45 |
|---|
| 71 | | - | WHEREAS, many court opinions recognize that while 46 |
|---|
| 72 | | - | expressive activities are entitled to some First Amendment 47 |
|---|
| 73 | | - | protections at adult entertainment establishments, content 48 |
|---|
| 74 | | - | neutral restrictions or regulations intended to minimize the 49 |
|---|
| 75 | | - | secondary harmful effects of those businesses tend to be upheld, 50 |
|---|
| 51 | + | were raised, and 26 |
|---|
| 52 | + | WHEREAS, research studies have identified the average age 27 |
|---|
| 53 | + | at which a person in the United States enters the sex trade for 28 |
|---|
| 54 | + | the first time is age 17, and 29 |
|---|
| 55 | + | WHEREAS, sex trade at adult entertainment establishments is 30 |
|---|
| 56 | + | a common occurrence in Florida, thereby subjecting performers at 31 |
|---|
| 57 | + | these establishments to frequent propositions and enticements to 32 |
|---|
| 58 | + | engage in sex trade actions and sex trafficking from customers, 33 |
|---|
| 59 | + | as well as strip club employees, managers, and owners, and 34 |
|---|
| 60 | + | WHEREAS, an understa nding of history and human nature 35 |
|---|
| 61 | + | reveals that there are sex criminals of various kinds who will 36 |
|---|
| 62 | + | prey on the young and vulnerable, and 37 |
|---|
| 63 | + | WHEREAS, restricting the employment of persons younger than 38 |
|---|
| 64 | + | 21 years of age at adult entertainment establishments furthe rs 39 |
|---|
| 65 | + | an important state interest of protecting those vulnerable 40 |
|---|
| 66 | + | individuals from sex trafficking, drug abuse, and other harm, 41 |
|---|
| 67 | + | and 42 |
|---|
| 68 | + | WHEREAS, many court opinions recognize that while 43 |
|---|
| 69 | + | expressive activities are entitled to some First Amendment 44 |
|---|
| 70 | + | protections at adult entertainment establishments, content 45 |
|---|
| 71 | + | neutral restrictions or regulations intended to minimize the 46 |
|---|
| 72 | + | secondary harmful effects of those businesses tend to be upheld, 47 |
|---|
| 73 | + | and 48 |
|---|
| 74 | + | WHEREAS, on November 16, 2018, the federal Fifth Circuit 49 |
|---|
| 75 | + | Court of Appeals, in the ca se of Jane Doe I v. Landry , reported 50 |
|---|
| 88 | | - | and 51 |
|---|
| 89 | | - | WHEREAS, on November 16, 2018, the federal Fifth Circuit 52 |
|---|
| 90 | | - | Court of Appeals, in the case of Jane Doe I v. Landry , 909 F.3d 53 |
|---|
| 91 | | - | 99 (5th Cir. 2018), upheld a Louisiana law that pro hibited 54 |
|---|
| 92 | | - | establishments licensed to serve alcohol from employing nearly 55 |
|---|
| 93 | | - | nude entertainers younger than 21 years of age on the grounds 56 |
|---|
| 94 | | - | that the law furthered the state's interests in curbing human 57 |
|---|
| 95 | | - | trafficking and prostitution, and 58 |
|---|
| 96 | | - | WHEREAS, the federal distr ict court in Valadez v. Paxton, 59 |
|---|
| 97 | | - | 553 F.Supp.3d 387 (W.D. Tex. 2021), denied a motion for a 60 |
|---|
| 98 | | - | preliminary injunction against the enforcement of Texas Senate 61 |
|---|
| 99 | | - | Bill 315 prohibiting "all working relationships between 18 -20-62 |
|---|
| 100 | | - | year-olds and sexually-oriented businesses" because the 63 |
|---|
| 101 | | - | plaintiffs failed to show that the age restrictions were not 64 |
|---|
| 102 | | - | rationally related to the state's interest in curbing human 65 |
|---|
| 103 | | - | trafficking, and 66 |
|---|
| 104 | | - | WHEREAS, the federal district court in DC Operating, LLC v. 67 |
|---|
| 105 | | - | Paxton, 586 F.Supp.3d 554 (W.D. Tex. 2022) , denied a motion for 68 |
|---|
| 106 | | - | a preliminary injunction against Texas Senate Bill 315, at least 69 |
|---|
| 107 | | - | in part, because of the state's evidence of the correlation 70 |
|---|
| 108 | | - | between raising the minimum employment age and reducing human 71 |
|---|
| 109 | | - | trafficking, and 72 |
|---|
| 110 | | - | WHEREAS, the federal district court in Wacko's Too, Inc., 73 |
|---|
| 111 | | - | v. City of Jacksonville , 658 F.Supp.3d 1086 (M.D. Fla. 2023), 74 |
|---|
| 112 | | - | upheld age restrictions in a City of Jacksonville ordinance 75 |
|---|
| 88 | + | at 909 F.3d 99 (5th Cir. 2018), upheld a Louisiana law that 51 |
|---|
| 89 | + | prohibited establishments licensed to serve alcohol from 52 |
|---|
| 90 | + | employing nearly nude entertainers younger than 21 years of age 53 |
|---|
| 91 | + | on the grounds that the law furthered the state's interests in 54 |
|---|
| 92 | + | curbing human trafficking and prostitution, and 55 |
|---|
| 93 | + | WHEREAS, the federal district court in Valadez v. Paxton, 56 |
|---|
| 94 | + | 553 F.Supp.3d 387 (W.D. Tex. 2021), denied a motion for a 57 |
|---|
| 95 | + | preliminary injunction against the enforcement of Texas Senate 58 |
|---|
| 96 | + | Bill 315 prohibiting "all working relationships between 18 -20-59 |
|---|
| 97 | + | year-olds and sexually-oriented businesses" because the 60 |
|---|
| 98 | + | plaintiffs failed to show that the age restrictions were not 61 |
|---|
| 99 | + | rationally related to the state's interest in curbing human 62 |
|---|
| 100 | + | trafficking, and 63 |
|---|
| 101 | + | WHEREAS, the federal district court in DC Operating, LLC v. 64 |
|---|
| 102 | + | Paxton, 586 F.Supp.3d 554 (W.D. Tex. 2022), denied a motion for 65 |
|---|
| 103 | + | a preliminary injunction against Texas Senate Bill 315, at least 66 |
|---|
| 104 | + | in part, because of the state's evidence of the correlation 67 |
|---|
| 105 | + | between raising the minimum employment age and reducing human 68 |
|---|
| 106 | + | trafficking, and 69 |
|---|
| 107 | + | WHEREAS, the federal district court in Wacko's Too, Inc., 70 |
|---|
| 108 | + | v. City of Jacksonville , 658 F.Supp.3d 1086 (M.D. Fla. 2023), 71 |
|---|
| 109 | + | upheld age restrictions in a City of Jacksonville ordinance 72 |
|---|
| 110 | + | requiring performers at adult entertainment establishments to be 73 |
|---|
| 111 | + | at least 21 years of age based, at least in part, on evidence 74 |
|---|
| 112 | + | that there was a reasonable basis to believe that the age 75 |
|---|
| 125 | | - | requiring performers at adult entertainment establishments to be 76 |
|---|
| 126 | | - | at least 21 years of age based, at least in part, on evidence 77 |
|---|
| 127 | | - | that there was a reasonable basis to believe that the age 78 |
|---|
| 128 | | - | restrictions would further the city's interest in preventing 79 |
|---|
| 129 | | - | human and sex trafficking, NOW, THEREFORE, 80 |
|---|
| 130 | | - | 81 |
|---|
| 131 | | - | Be It Enacted by the Legislature of the State of Florida: 82 |
|---|
| 132 | | - | 83 |
|---|
| 133 | | - | Section 1. Section 562.13, Florida Statutes, is amended to 84 |
|---|
| 134 | | - | read: 85 |
|---|
| 135 | | - | 562.13 Employment of minors or certain other persons by 86 |
|---|
| 136 | | - | certain vendors prohibited; exceptions. — 87 |
|---|
| 137 | | - | (1) Unless otherwise provided in this section, it is 88 |
|---|
| 138 | | - | unlawful for any vendor licensed und er the Beverage Law to 89 |
|---|
| 139 | | - | employ any person under 18 years of age. 90 |
|---|
| 140 | | - | (2) This section shall not apply to: 91 |
|---|
| 141 | | - | (a) Professional entertainers 17 years of age who are not 92 |
|---|
| 142 | | - | in school. 93 |
|---|
| 143 | | - | (b) Minors employed in the entertainment industry, as 94 |
|---|
| 144 | | - | defined by s. 450.012(5), who have either been granted a waiver 95 |
|---|
| 145 | | - | under s. 450.095 or employed under the terms of s. 450.132 or 96 |
|---|
| 146 | | - | under rules adopted pursuant to either of these sections. 97 |
|---|
| 147 | | - | (c) Persons under the age of 18 years who are employed in 98 |
|---|
| 148 | | - | drugstores, grocery stores, department stores, florists, 99 |
|---|
| 149 | | - | specialty gift shops, or automobile service stations which have 100 |
|---|
| 125 | + | restrictions would further the City's interest in preventing 76 |
|---|
| 126 | + | human and sex trafficking, NOW, THEREFORE, 77 |
|---|
| 127 | + | 78 |
|---|
| 128 | + | Be It Enacted by the Legislature of the State of Florida: 79 |
|---|
| 129 | + | 80 |
|---|
| 130 | + | Section 1. Section 562.13, Florida Statutes, is amended to 81 |
|---|
| 131 | + | read: 82 |
|---|
| 132 | + | 562.13 Employment of minors or certain other persons by 83 |
|---|
| 133 | + | certain vendors prohibited; exceptions.— 84 |
|---|
| 134 | + | (1) Unless otherwise provided in this section, it is 85 |
|---|
| 135 | + | unlawful for any vendor licensed under the Beverage Law to 86 |
|---|
| 136 | + | employ any person under 18 years of age. 87 |
|---|
| 137 | + | (2) This section shall not apply to: 88 |
|---|
| 138 | + | (a) Professional entertainers 17 years of age w ho are not 89 |
|---|
| 139 | + | in school. 90 |
|---|
| 140 | + | (b) Minors employed in the entertainment industry, as 91 |
|---|
| 141 | + | defined by s. 450.012(5), who have either been granted a waiver 92 |
|---|
| 142 | + | under s. 450.095 or employed under the terms of s. 450.132 or 93 |
|---|
| 143 | + | under rules adopted pursuant to either of these sect ions. 94 |
|---|
| 144 | + | (c) Persons under the age of 18 years who are employed in 95 |
|---|
| 145 | + | drugstores, grocery stores, department stores, florists, 96 |
|---|
| 146 | + | specialty gift shops, or automobile service stations which have 97 |
|---|
| 147 | + | obtained licenses to sell beer or beer and wine, when such sales 98 |
|---|
| 148 | + | are made for consumption off the premises. 99 |
|---|
| 149 | + | (d) Persons 17 years of age or over or any person 100 |
|---|
| 162 | | - | obtained licenses to sell beer or beer and wine, when such sales 101 |
|---|
| 163 | | - | are made for consumption off the premises. 102 |
|---|
| 164 | | - | (d) Persons 17 years of age or over or any person 103 |
|---|
| 165 | | - | furnishing evidence that he or she is a senior high school 104 |
|---|
| 166 | | - | student with written permission of the principal of said senior 105 |
|---|
| 167 | | - | high school or that he or she is a senior high school graduate, 106 |
|---|
| 168 | | - | or any high school graduate, employed by a bona fide food 107 |
|---|
| 169 | | - | service establishment wh ere alcoholic beverages are sold, 108 |
|---|
| 170 | | - | provided such persons do not participate in the sale, 109 |
|---|
| 171 | | - | preparation, or service of the beverages and that their duties 110 |
|---|
| 172 | | - | are of such nature as to provide them with training and 111 |
|---|
| 173 | | - | knowledge as might lead to further advancement in food service 112 |
|---|
| 174 | | - | establishments. 113 |
|---|
| 175 | | - | (e) Persons under the age of 18 years employed as 114 |
|---|
| 176 | | - | bellhops, elevator operators, and others in hotels when such 115 |
|---|
| 177 | | - | employees are engaged in work apart from the portion of the 116 |
|---|
| 178 | | - | hotel property where alcoholic beverages are offered for sale 117 |
|---|
| 179 | | - | for consumption on the premises. 118 |
|---|
| 180 | | - | (f) Persons under the age of 18 years employed in bowling 119 |
|---|
| 181 | | - | alleys in which alcoholic beverages are sold or consumed, so 120 |
|---|
| 182 | | - | long as such minors do not participate in the sale, preparation, 121 |
|---|
| 183 | | - | or service of such beverages . 122 |
|---|
| 184 | | - | (g) Persons under the age of 18 years employed by a bona 123 |
|---|
| 185 | | - | fide dinner theater as defined in this paragraph, as long as 124 |
|---|
| 186 | | - | their employment is limited to the services of an actor, 125 |
|---|
| 162 | + | furnishing evidence that he or she is a senior high school 101 |
|---|
| 163 | + | student with written permission of the principal of said senior 102 |
|---|
| 164 | + | high school or that he or she is a senior high school graduate, 103 |
|---|
| 165 | + | or any high school graduate, employed by a bona fide food 104 |
|---|
| 166 | + | service establishment where alcoholic beverages are sold, 105 |
|---|
| 167 | + | provided such persons do not participate in the sale, 106 |
|---|
| 168 | + | preparation, or service of the beverages and that their duties 107 |
|---|
| 169 | + | are of such nature as to provide them with training and 108 |
|---|
| 170 | + | knowledge as might lead to further advancement in food service 109 |
|---|
| 171 | + | establishments. 110 |
|---|
| 172 | + | (e) Persons under the age of 18 years employed as 111 |
|---|
| 173 | + | bellhops, elevator operators, and others in hotels when such 112 |
|---|
| 174 | + | employees are engaged in work apart from the portion of the 113 |
|---|
| 175 | + | hotel property where alcoholic beverages are offered for sale 114 |
|---|
| 176 | + | for consumption on the premises. 115 |
|---|
| 177 | + | (f) Persons under the age of 18 years employed in bowling 116 |
|---|
| 178 | + | alleys in which alcoholic beverages are sold or co nsumed, so 117 |
|---|
| 179 | + | long as such minors do not participate in the sale, preparation, 118 |
|---|
| 180 | + | or service of such beverages. 119 |
|---|
| 181 | + | (g) Persons under the age of 18 years employed by a bona 120 |
|---|
| 182 | + | fide dinner theater as defined in this paragraph, as long as 121 |
|---|
| 183 | + | their employment is limited to the services of an actor, 122 |
|---|
| 184 | + | actress, or musician. For the purposes of this paragraph, a 123 |
|---|
| 185 | + | dinner theater means a theater presenting consecutive 124 |
|---|
| 186 | + | productions playing no less than 3 weeks each in conjunction 125 |
|---|
| 199 | | - | actress, or musician. For the purposes of this paragraph, a 126 |
|---|
| 200 | | - | dinner theater means a theater presenting consecutive 127 |
|---|
| 201 | | - | productions playing no less than 3 weeks each in conjunction 128 |
|---|
| 202 | | - | with dinner service on a regular basis. In addition, both events 129 |
|---|
| 203 | | - | must occur in the same room, and the only advertised price of 130 |
|---|
| 204 | | - | admission must include both the cost of the meal and the 131 |
|---|
| 205 | | - | attendance at the performance. 132 |
|---|
| 206 | | - | (h) Persons under the age of 18 years who are employed in 133 |
|---|
| 207 | | - | places of business licensed under s. 565.02(6), provided such 134 |
|---|
| 208 | | - | persons do not participate in the sale, preparation, or service 135 |
|---|
| 209 | | - | of alcoholic beverages. 136 |
|---|
| 210 | | - | 137 |
|---|
| 211 | | - | However, a minor who qualifies for one of the exceptions in this 138 |
|---|
| 212 | | - | subsection to whom this subsection otherwise applies may not be 139 |
|---|
| 213 | | - | employed if the employment, whether as a professional 140 |
|---|
| 214 | | - | entertainer or otherwise if such employment, involves nudity, as 141 |
|---|
| 215 | | - | defined in s. 847.001, on the part of the minor and such nudity 142 |
|---|
| 216 | | - | is intended as a form of adult entertainment , or be employed by 143 |
|---|
| 217 | | - | an adult entertainment establishment, as defined in s. 847.001 . 144 |
|---|
| 218 | | - | (3)(a) It is unlawful for any vendor licensed under the 145 |
|---|
| 219 | | - | beverage law to employ as a manager or person in charge or as a 146 |
|---|
| 220 | | - | bartender any person: 147 |
|---|
| 221 | | - | 1. Who has been convicted within the last past 5 years of 148 |
|---|
| 222 | | - | any offense against the beverage laws of this state, the United 149 |
|---|
| 223 | | - | States, or any other state. 150 |
|---|
| 199 | + | with dinner service on a regular basis. In addition, b oth events 126 |
|---|
| 200 | + | must occur in the same room, and the only advertised price of 127 |
|---|
| 201 | + | admission must include both the cost of the meal and the 128 |
|---|
| 202 | + | attendance at the performance. 129 |
|---|
| 203 | + | (h) Persons under the age of 18 years who are employed in 130 |
|---|
| 204 | + | places of business licensed under s . 565.02(6), provided such 131 |
|---|
| 205 | + | persons do not participate in the sale, preparation, or service 132 |
|---|
| 206 | + | of alcoholic beverages. 133 |
|---|
| 207 | + | 134 |
|---|
| 208 | + | However, a minor to whom this subsection otherwise applies may 135 |
|---|
| 209 | + | not be employed if the employment, whether as a professional 136 |
|---|
| 210 | + | entertainer or otherwise, involves nudity, as defined in s. 137 |
|---|
| 211 | + | 847.001, on the part of the minor and such nudity is intended as 138 |
|---|
| 212 | + | a form of adult entertainment. 139 |
|---|
| 213 | + | (3)(a) It is unlawful for any vendor licensed under the 140 |
|---|
| 214 | + | beverage law to employ as a manager or person in charge or as a 141 |
|---|
| 215 | + | bartender any person: 142 |
|---|
| 216 | + | 1. Who has been convicted within the last past 5 years of 143 |
|---|
| 217 | + | any offense against the beverage laws of this state, the United 144 |
|---|
| 218 | + | States, or any other state. 145 |
|---|
| 219 | + | 2. Who has been convicted within the last past 5 years in 146 |
|---|
| 220 | + | this state or any other state or the United States of soliciting 147 |
|---|
| 221 | + | for prostitution, pandering, letting premises for prostitution, 148 |
|---|
| 222 | + | keeping a disorderly place, or any felony violation of chapter 149 |
|---|
| 223 | + | 893 or the controlled substances act of any other state or the 150 |
|---|
| 236 | | - | 2. Who has been convicted within the last past 5 years in 151 |
|---|
| 237 | | - | this state or any other state or the United States of soliciting 152 |
|---|
| 238 | | - | for prostitution, pandering, letting premises for prostitution, 153 |
|---|
| 239 | | - | keeping a disorderly place, or any felony violation of chapter 154 |
|---|
| 240 | | - | 893 or the controlled su bstances act of any other state or the 155 |
|---|
| 241 | | - | Federal Government. 156 |
|---|
| 242 | | - | 3. Who has, in the last past 5 years, been convicted of 157 |
|---|
| 243 | | - | any felony in this state, any other state, or the United States. 158 |
|---|
| 244 | | - | 159 |
|---|
| 245 | | - | The term "conviction" shall include an adjudication of guilt on 160 |
|---|
| 246 | | - | a plea of guilty or nolo contendere or forfeiture of a bond when 161 |
|---|
| 247 | | - | such person is charged with a crime. 162 |
|---|
| 248 | | - | (b) This subsection shall not apply to any vendor licensed 163 |
|---|
| 249 | | - | under the provisions of s. 563.02(1)(a) or s. 564.02(1)(a). 164 |
|---|
| 250 | | - | Section 2. Section 787.30, Florida Sta tutes, is created to 165 |
|---|
| 251 | | - | read: 166 |
|---|
| 252 | | - | 787.30 Employing persons under the age of 21 years in 167 |
|---|
| 253 | | - | adult entertainment establishments prohibited. — 168 |
|---|
| 254 | | - | (1) As used in this section, the term: 169 |
|---|
| 255 | | - | (a) "Adult entertainment establishment" has the same 170 |
|---|
| 256 | | - | meaning as in s. 847.001. 171 |
|---|
| 257 | | - | (b) "Nude" means the showing of the human male or female 172 |
|---|
| 258 | | - | genitals, pubic area, or buttock with less than a fully opaque 173 |
|---|
| 259 | | - | covering; or the showing of the female breast with less than a 174 |
|---|
| 260 | | - | fully opaque covering of any portion thereof below the top of 175 |
|---|
| 261 | | - | |
|---|
| 262 | | - | CS/HB 1379 2024 |
|---|
| 263 | | - | |
|---|
| 264 | | - | |
|---|
| 265 | | - | |
|---|
| 266 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 267 | | - | hb1379-01-c1 |
|---|
| 268 | | - | Page 8 of 9 |
|---|
| 269 | | - | 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 |
|---|
| 270 | | - | |
|---|
| 271 | | - | |
|---|
| 272 | | - | |
|---|
| 273 | | - | the nipple; or the depiction of covered male genitals in a 176 |
|---|
| 274 | | - | discernibly turgid state. A mother's breastfeeding of her baby 177 |
|---|
| 275 | | - | does not under any circumstance constitute nudity, regardless of 178 |
|---|
| 276 | | - | whether the nipple is covered during or incidental to feeding. 179 |
|---|
| 277 | | - | (2)(a) Except as provided in paragraph (b), an owner, a 180 |
|---|
| 278 | | - | manager, an employee, or a contractor of an adult entertainment 181 |
|---|
| 279 | | - | establishment who knowingly employs, contracts with, contracts 182 |
|---|
| 280 | | - | with another person to employ, or otherwise permits a person 183 |
|---|
| 281 | | - | younger than 21 years of age to perform or work in an adult 184 |
|---|
| 282 | | - | entertainment establishment commits a misdemeanor of the first 185 |
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| 283 | | - | degree, punishable as provided in s. 775.082 or s. 775.083. 186 |
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| 284 | | - | (b) An owner, a manager, an employee, or a contractor of 187 |
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| 285 | | - | an adult entertainment establishment who knowingly employs, 188 |
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| 286 | | - | contracts with, contracts with another person to employ, or 189 |
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| 287 | | - | otherwise permits a person younger than 21 years of age to 190 |
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| 288 | | - | perform or work while nude in an adult entertainment 191 |
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| 289 | | - | establishment commits a felony of the second degree, punishable 192 |
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| 290 | | - | as provided in s. 775.082, s. 775.083, or s. 775.084. 193 |
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| 291 | | - | (3) An owner, a manager, an employee, or a contractor of 194 |
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| 292 | | - | an adult entertainment establishment who permits a person to 195 |
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| 293 | | - | perform as an entertainer or work in any c apacity for the 196 |
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| 294 | | - | establishment shall carefully check the person's driver license 197 |
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| 295 | | - | or identification card issued by this state or another state of 198 |
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| 296 | | - | the United States, a passport, or a United States Uniformed 199 |
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| 297 | | - | Services identification card presented by the person and act in 200 |
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| 298 | | - | |
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| 299 | | - | CS/HB 1379 2024 |
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| 300 | | - | |
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| 301 | | - | |
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| 302 | | - | |
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| 303 | | - | CODING: Words stricken are deletions; words underlined are additions. |
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| 304 | | - | hb1379-01-c1 |
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| 305 | | - | Page 9 of 9 |
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| 306 | | - | 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 |
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| 307 | | - | |
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| 308 | | - | |
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| 309 | | - | |
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| 310 | | - | good faith and in reliance upon the representation and 201 |
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| 311 | | - | appearance of the person in the belief that the person is 21 202 |
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| 312 | | - | years of age or older. 203 |
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| 313 | | - | Section 3. This act shall take effect July 1, 2024. 204 |
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| 236 | + | Federal Government. 151 |
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| 237 | + | 3. Who has, in the last past 5 years, been convicted of 152 |
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| 238 | + | any felony in this state, any other state, or the United States. 153 |
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| 239 | + | 154 |
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| 240 | + | The term "conviction" shall include an adjudication of guilt on 155 |
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| 241 | + | a plea of guilty or nolo contendere or forfeiture of a bond when 156 |
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| 242 | + | such person is charged with a crime. 157 |
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| 243 | + | (b) This subsection shall not apply to any vendor licensed 158 |
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| 244 | + | under the provisions of s. 563.02(1)(a) or s. 564.02(1)(a). 159 |
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| 245 | + | Section 2. Section 787.30, Florida Statutes, is created to 160 |
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| 246 | + | read: 161 |
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| 247 | + | 787.30 Employing persons un der the age of 21 years in 162 |
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| 248 | + | adult entertainment establishments prohibited. — 163 |
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| 249 | + | (1) A person may not knowingly employ any person younger 164 |
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| 250 | + | than 21 years in any adult entertainment establishment, as 165 |
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| 251 | + | defined in s. 847.001. 166 |
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| 252 | + | (2) A person who violates subsection ( 1) commits a felony 167 |
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| 253 | + | of the second degree, punishable as provided in s. 775.082, s. 168 |
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| 254 | + | 775.083, or s. 775.084. 169 |
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| 255 | + | Section 3. This act shall take effect July 1, 2024. 170 |
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