HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 1423 Protection of Children
SPONSOR(S): State Administration & Technology Appropriations Subcommittee, Fine and others
TIED BILLS: IDEN./SIM. BILLS: SB 1438
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY
CHIEF
1) Commerce Committee 13 Y, 6 N Hamon Hamon
2) State Administration & Technology 10 Y, 5 N, As CS Helpling Topp
Appropriations Subcommittee
3) Judiciary Committee
SUMMARY ANALYSIS
The bill prohibits a person from knowingly admitting a child to an adult live performance. The penalty for
violating this prohibition is a first-degree misdemeanor which is punishable by imprisonment that does not
exceed 1 year and a fine that does not exceed $1,000.
The bill defines “adult live performance” as:
 “Any show, exhibition, or other presentation in front of a live audience which, in whole or in part, depicts
or simulates ‘nudity,’ ‘sexual conduct,’ ‘sexual excitement,’ ‘specific sexual activities’ as those terms are
defined in s. 847.001, F.S., ‘lewd conduct,’ or the ‘lewd exposure of prosthetic or imitation genitals or
breasts’ when it:
o Predominately appeals to a prurient, shameful, or morbid interest;
o Is patently offensive to prevailing standards in the adult community of this state as a whole with
respect to what is suitable material or conduct for the age of the child present; and
o Taken as a whole, is without serious literary, artistic, political or scientific value for the age of the
child present.”
If any person that has a license to operate a public lodging establishment or a public food service
establishment or an establishment that has an alcoholic beverage license, knowingly admits a child to an “adult
live performance” such licensee is subject to license suspension or revocation and a fine.
Such violation is considered an “immediate, serious danger to the public health, safety, or welfare” and an
emergency action may be taken against such licensee by the Department of Business and Professional
Regulation.
The fine for a first violation is $5,000 and the fine for a second or subsequent violation is $10,000.
The bill prohibits a governmental entity from issuing permits for a performance that would violate the prohibition
on allowing a child to be allowed to be admitted to an adult live performance. In addition, if an individual
lawfully obtains a permit, and a performance in violation of the bill occurs, the individual that obtained the
permit commits a misdemeanor of the first degree.
The bill will have an indeterminate fiscal impact on state and local government. See Fiscal Analysis and
Economic Impact Statement.
The bill takes effect upon becoming law.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1423c.SAT
DATE: 4/12/2023
 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Public Lodging And Public Food Service Establishments
The Division of Hotels and Restaurants (H&R), within the Department of Business and Professional
Regulation (DBPR), is responsible for inspecting and regulating public lodging and public food service
establishments to safeguard the public health, safety, and welfare.1 In order to fulfill its responsibilities
of inspecting and enforcing the pertinent provisions of law, the division is granted the right of entry and
access to those establishments at any reasonable time. 2
“Public lodging establishment” includes:3
 “Transient public lodging establishments,” which means any unit, group of units, dwelling,
building, or group of buildings within a single complex of buildings which is rented to guests
more than three times in a calendar year for periods of less than 30 days, or 1 calendar month,
whichever is less, or which is advertised or held out to the public as a place regularly rented to
guests; and
 “Nontransient public lodging establishments,” which means any unit, group of units, dwelling,
building, or group of buildings within a single complex of buildings which is rented to guests for
periods of at least 30 days or 1 calendar month, whichever is less, or which is advertised or held
out to the public as a place regularly rented to guests for periods of at least 30 days or 1
calendar month.
Classifications of public lodging establishments include hotels, motels, vacation rentals, apartments,
bed and breakfast inns, and timeshare projects.4
“Public food service establishments” means any building, vehicle, place, or structure, or any room or
division thereof, where food is prepared, served, or sold for immediate consumption on or in the vicinity
of the premises; called for or taken out by customers; or prepared prior to being delivered to another
location for consumption, with certain exceptions. 5
Classifications of public food service establishments include permanent food service restaurants,
catering services, mobile food dispensing vehicles, vending machines, theme park carts, culinary
education programs, and temporary food service events. 6
Each public lodging and food service establishment operating in the state is required to obtain a license
from the division before operating. The license must be conspicuously displayed in the office or lobby of
the establishment.7
Disciplinary Actions
1 S. 509.032(1), F.S.
2 S. 509.032(2)(b), F.S.
3 S. 509.013(4), F.S.
4 S. 509.242, F.S.
5 S. 509.013(5), F.S.
6 R. 61C-1.002, F.A.C.; Florida Department of Business and Professional Regulation, Hotels and Restaurants – Licensing Guides,
http://www.myfloridalicense.com/DBPR/hotels -restaurants/licensing/licensing-guides/ (last visited Feb. 24, 2023).
7 S. 509.241(1) and (2), F.S.
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 The division is authorized to fine, suspend, or revoke the license of a public lodging establishment or
public food service if:
 A person with a direct financial interest in the establishment has, within the preceding 5 years,
been adjudicated guilty or forfeited a bond when charged with soliciting for prostitution,
pandering, letting premises for prostitution, keeping a disorderly place, illegally dealing in
controlled substances, or any other crime reflecting on professional character.
 The establishment has been deemed an imminent danger to the public health and safety by the
division or a local health authority for failure to meet sanitation standards or the premises have
been determined to be unsafe or unfit for human occupancy. 8
If a public lodging or food service establishment operates in violation of ch. 509, F.S., or the rules of the
division, it is subject to:
 Fines not to exceed $1,000 per offense;
 Mandatory completion of a remedial program; and
 Suspension, revocation, or refusal of a license issued under ch. 509.9
A license may not be suspended for more than 12 months and at the end of the suspension, the
establishment may apply for its license to be reinstated or renewed.10
Beverage Law
The Division of Alcoholic Beverages and Tobacco (division) within DBPR is responsible for licensing
and supervising the conduct, management, and operation of the manufacturing, packaging, distribution,
and sale of all alcoholic beverages in the state. The division is also responsible for enforcing the
provisions of the Beverage Law, the tobacco law, and the corresponding rules and regulations. 11
Licenses are issued by the division to people who are of good moral character and at least 21 years
old. Similarly, corporate licenses are issued to corporations whose officers are of good moral character
and at least 21 years of age.12
However, a license may not be issued to:
 Anyone who has been convicted within the last 5 years of any offense against the beverage
laws of this state, the United States, or any other state;
 Anyone convicted within the last 5 years in this state, any other state, or the United States, of
soliciting for prostitution, pandering, letting premises for prostitution, or keeping a disorderly
place or of any criminal violation of ch. 893, F.S., pertaining to drug abuse prevention and
control, or the controlled substance act of any other state or the Federal Government; or
 Anyone who has been convicted in the last 15 years of any felony in this state or any other
state; or to a corporation or any of the officers of whom shall have been so convicted. 13
All licenses issued by the division are issued as annual licenses. 14
Disciplinary Actions
Some of the reasons the division may revoke or suspend a license are:
8 S. 509.261(6)(a) and (b), F.S.
9 S. 509.261(1), F.S.
10 S. 509.261(5)(a), F.S.
11 S. 561.02, F.S.
12 S. 561.15(1), F.S.
13 S. 561.15(1) and (2), F.S.
14 S. 561.26, F.S.
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  Violation of any state or federal laws or a municipal or county regulation relating to the hours of
sale, service, or consumption of alcoholic beverages, permits disorderly conduct on the
premises, or permits violations of any state or federal laws by other persons on the premises.
 Violation of any laws of this state or any state or territory of the United States.
 Maintaining a nuisance on the licensed premises.
 Maintaining premises that are unsanitary or are not approved as sanitary.
 Violation of any rule promulgated by the division in accordance with the provisions of ch. 561,
F.S., or laws relating to the activities on the premises.
 Failing to maintain the licensed premises in an active manner in which the licensed premises
are open for the sale of authorized alcoholic beverages during regular business hours for
specified times.
 Failing to maintain records of all monthly sales and all monthly purchases of alcoholic
beverages and to produce the records for inspection by any division employee within 10 days of
written request.
 Failing to comply with a stipulation, consent order, or final order. 15
If a licensee violates any provisions of the Beverage Law, or its rules, the division may impose a civil
penalty that does not exceed $1,000 for violations that arise from a single transaction. If the licensee
does not pay the civil penalty, the license will be suspended for a period of time to be determined by the
division. However, the division may suspend the imposition of a penalty when the division, in its
discretion, deems it appropriate.16
Emergency Suspension of a License under the Administrative Procedures Act
Chapter 120, F.S., The Administrative Procedure Act (APA),17 provides uniform procedures for
agencies to exercise their authority.18 The APA is applicable to every administrative agency in Florida. 19
Section 120.60(6), F.S., provides procedures for an agency to issue an emergency suspension,
restriction, or limitation of a license if that agency finds an immediate serious danger to the public
health, safety, or welfare. The agency may take such action by any procedure that is fair under the
circumstances if:
 The procedure provides at least the same procedural protection as is given by other statutes,
the State Constitution, or the United States Constitution;
 The agency takes only that action necessary to protect the public interest under the emergency
procedure; and
 The agency states in writing at the time of, or prior to, its action the specific facts and reasons
for finding an immediate danger to the public health, safety, or welfare and its reasons for
concluding that the procedure used is fair under the circumstances. The agency's findings of
immediate danger, necessity, and procedural fairness are judicially reviewable. Summary
suspension, restriction, or limitation may be ordered, but a suspension or revocation proceeding
must also be promptly instituted and acted upon.
Obscenity
It is well established that obscenity is not protected by the First and Fourteenth Amendments and is
subject to limited regulation under the police power of states. 20 The United States Supreme Court
15 S. 561.29(1), F.S.
16 S. 561.29(3), F.S.
17 S. 120.51, F.S.
18 S. 120.515, F.S.
19 S. 120.50, F.S., states that only the Legislature and the courts are exempt from the APA.
20 Johnson v. State, 351 So.2d 10, 11 (Fla. 1977); See also, FCC v. Pacifica Foundation, 438 U.S. 726 (1978) (Audience, medium,
time of day, and method of transmission are relevant factors.).
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 developed the test for determining whether material is obscene in United States v. Miller.21 Florida uses
the Miller test to define obscene material, which refers to the status of material that:
 The average person, applying contemporary community standards, would find appeals to the
prurient interest;
 Depicts or describes, in a patently offensive way, sexual conduct; and
 Taken as a whole, lacks serious literary, artistic, political, or scientific value. 22
The Florida Supreme Court has determined that the applicable community standard to be used in
determining obscenity is the local county standard, explaining that such a standard “permits
maximum protection of materials acceptable in cosmopolitan areas while not forcing more conservative
areas to accept public depiction of conduct they find obscene.” 23
For the purposes of determining obscenity, s. 847.001, F.S., defines the following: 24
 “Nudity” means 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.”
 “Sexual conduct” means:
o actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality,
masturbation, or sadomasochistic abuse;
o actual or simulated lewd exhibition of the genitals;
o 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
o any act or conduct which constitutes sexual battery or simulates that sexual battery is
being or will be committed.
o A mother’s breastfeeding of her baby does not under any circumstance constitute
“sexual conduct.”
 “Sexual excitement” means the condition of the human male or female genitals when in a state
of sexual stimulation or arousal.
 “Simulated” means the explicit depiction of sexual conduct which creates the appearance of
such conduct and which exhibits any uncovered portion of the breasts, genitals, or buttocks.
 “Specific sexual activities” to include the following sexual activities and the exhibition of the
following anatomical areas:
(a) Human genitals in the state of sexual stimulation or arousal.
(b) Acts of human masturbation, sexual intercourse, sodomy, cunnilingus, fellatio, or any
excretory function, or representation thereof.
(c) The fondling or erotic touching of human genitals, the pubic region, the buttocks, or the
female breasts.
(d) Less than completely and opaquely covered:
1. Human genitals or the pubic region.
2. Buttocks.
3. Female breasts below the top of the areola.
4. Human male genitals in a discernibly turgid state, even if completely and opaquely
covered.
Section 847.011, F.S., prohibits a person from doing any of the following acts, when knowingly
committed, relating to specified obscene materials: 25
21 413 U.S. 15 (1973).
22 S. 847.001(12), F.S.