The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Fiscal Policy
BILL: CS/CS/SB 1690
INTRODUCER: Appropriations Committee on Criminal and Civil Justice; Criminal Justice Committee;
and Senator Yarborough and others
SUBJECT: Human Trafficking
DATE: February 26, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Parker Stokes CJ Fav/CS
2. Atchley Harkness ACJ Fav/CS
3. Parker Yeatman FP Pre-meeting
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 1690 creates s. 787.30, F.S., which provides that an owner, manager, employee, or
contractor of an adult entertainment establishment who knowingly employs, contracts with,
contracts with another person to employ, or otherwise permits a person younger than 21 years of
age to perform or work in an adult entertainment establishment, commits a first degree
misdemeanor.1 An owner, manager, employee or contractor of an adult entertainment
establishment, who knowingly employs, contracts with, contracts with another person to employ,
or otherwise permits a person younger than 21 years of age to perform or work nude in an adult
entertainment establishment, commits a second degree felony.2
The bill amends current law by providing that a minor who may qualify for one of the
employment exceptions under s. 562.13, F.S., may not be employed as, or perform as, a
professional entertainer or otherwise if such employment involves nudity, or be employed by an
adult entertainment establishment.
The bill provides that an owner, manager, employee, or contractor of an adult entertainment
establishment, that permits a person to perform as an entertainer or work in any capacity shall
1
A first degree misdemeanor is punishable by a term of imprisonment not exceeding one year, as provided in s. 775.082 or
s. 775.083, F.S.
2
A second degree felony is punishable by a term of imprisonment of fifteen years, as provided in s. 775.082, s. 775.083, or
s. 775.084, F.S.
BILL: CS/CS/SB 1690 Page 2
carefully check the person’s driver license or an identification card issued by this state or another
state of the United States, a passport, or a United States Uniformed Services Identification Card
presented by the person and act in good faith and in reliance upon the representation and
appearance of the person in the belief that the person is 21 years of age or older.
The bill provides that a person’s ignorance of a person’s age or a person’s misrepresentation of
his or her age cannot be used a defense in a prosecution for certain violations.
This bill may have a positive indeterminate impact on prison beds. See Section V., Fiscal Impact
Statement.
The bill is effective July 1, 2024.
II. Present Situation:
Victims of sex trafficking are frequently recruited to work in strip clubs across the United States.
Such persons may be recruited to work in strip clubs as hostesses, servers or dancers, but are
then required to perform sex acts with customers. Such strip clubs may be designed to provide
the space and environment in which buyers may purchase commercial sex.3
Commercial Sexual Activity
Strip clubs are considered adult entertainment establishments under Florida law. 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 book, magazines,
other periodicals, videos, discs, or other graphic media and which offers, sells, provides, or
rents for a fee any sexually oriented material.
 Adult theaters are enclosed buildings or enclosed spaces within a building used for
presenting either film, live plays, dances, or other performances that are distinguished or
characterized by an emphasis on matter depicting, describing, or relating to specific sexual
activities 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
3
National Human Trafficking Hotline, Hostess/Strip Club-Based, available at, https://humantraffickinghotline.org/en/sex-
trafficking-venuesindustries/hostessstrip-club-based (last visited January 31, 2024).
BILL: CS/CS/SB 1690 Page 3
hand or by any electrical or mechanical device, on or off the premises. This term does not
include an establishment licensed under s. 480.043, F.S.
Several states have enacted laws prohibiting persons under 21 years of age from working or
performing in certain adult entertainment establishments. These laws have been challenged, and
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.4
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 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 substantial governmental
interest, as required for statutes to survive intermediate scrutiny on erotic dancers’ First
Amendment free speech challenge.5
In Valadez v. Paxton, the United States District Court, W.D. Texas, Austin Division held that the
State of Texas sufficiently demonstrated that it held reasonable belief that the law prohibiting all
working relationships between persons between the ages of 18 and 20 years old and sexually-
oriented businesses would serve to curb harmful secondary effects of sexually-oriented
businesses, including trafficking and sexual exploitation.6
The United States District Court denied a motion for a preliminary injunction against the
enforcement of the Texas bill prohibiting “all working relationships between 18-20 year olds and
sexually-oriented businesses” because the plaintiff’s failed to show that the age restrictions were
not rationally related to the state’s interest in curbing human trafficking.7
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 person employed by or allowed on the premises of a sexually
oriented business is rationally related to the state’s interest in curbing human trafficking.8 The
Court ruled that the plaintiff’s failed to establish a likelihood of success on the merits of their
claims under the First Amendment, Fourteenth Amendment Due Process and Equal Protection
Clauses of the United States Constitution, and Texas Constitution’s equivalent provisions.9
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
4
Doe I v. Landry, 909 F.3d 99, 109 (5th Cir. 2018).
5
Id.
6
Valadez v. Paxton, 553 F. Supp.3d 387 (W.D. Tex. 2021).
7
Id.
8
Dc Operating, LLC v. Paxton, 586 F.Supp.3d 554, 572 (W.D. Tex. 2022).
9
Id.
BILL: CS/CS/SB 1690 Page 4
there was a reasonable basis to believe that the age restrictions would further the City’s interest
in preventing human and sex trafficking.10 The city ordinance provisions forbid anyone under
age 21 from receiving the requisite license to perform at adult entertainment establishments in
the city. The Eleventh Circuit upheld the requirement that adult entertainment establishments
maintain rosters as a “permissible way to keep track of licensed performers, secondary to
combating human trafficking.”11 The performer disclosure requirement under the ordinance also
relates to preventing human trafficking by allowing law enforcement to keep track of performers.
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.12 While victims of human trafficking are forced to work in prostitution or sexual
entertainment, trafficking also occurs in forms of labor exploitation, such as domestic servitude,
restaurant work, janitorial work, factory work, and agricultural work.13
Florida law defines “human trafficking” as transporting, soliciting, recruiting, harboring,
providing, enticing, maintaining,14 purchasing, patronizing, procuring, or obtaining15 another
person for the purpose of exploitation of that person.16
Human trafficking includes two types of exploitation: commercial sexual exploitation (CSE) and
forced labor.17 In 2022, according to the Department of Children and Families, 354 youth were
verified as victims of commercial sexual exploitation (CSE) in Florida. The number has
decreased from 2021, when 379 youth were verified.18
Soliciting or Purchasing Prostitution
Section 796.07, F.S., defines prostitution as the giving or receiving of the body for sexual
activity for hire.19
Under s. 796.07(2)(a)-(e) and (g)-(i), F.S., it is a second-degree misdemeanor:20
10
Wacko’s Too Inc. v. City of Jacksonville, 658 F.Supp.3d 1086 (11th Cir. 2023).
11
Id. at 1127.
12
Section 787.06, F.S.
13
Id.
14
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.
15
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.
16
Section 787.06(2)(d), F.S.
17
Section 787.06, F.S.
18
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 December 13, 2023).
19
This definition excludes sexual activity between spouses. s. 796.07(1)(b), F.S.
20
A second-degree misdemeanor is punishable by up to 60 days in county jail and a fine not exceeding $500. Sections
775.082(4)(b) and 775.083(1)(e), F.S
BILL: CS/CS/SB 1690 Page 5
 To own, establish, maintain, or operate any place, structure, building, or conveyance for the
purpose of lewdness,21 assignation,22 or prostitution;
 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.23
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 for a first violation, a third-degree felony for a second violation, and a second-
degree felony for a third or subsequent violation.24 An offender convicted for soliciting another
person to commit prostitution is also subject to additional penalties including:
 One hundred hours of community service;25
 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;26
 A 10-day mandatory minimum jail sentence for a second or subsequent violation;27
 Vehicle impoundment up to 60 days if the offender used a car to commit the violation;28
 Inclusion of the offender’s name on the Soliciting for Prostitution Public Database in certain
situations;29 and
 A $5,000 civil fine.30
21
“Lewdness” means any indecent or obscene act. Section 796.07(1)(c), F.S
22
“Assignation” means the making of any appointment or engagement for prostitution or lewdness, or any act in furtherance
of such appointment or engagement. Section 796.07(1)(d), F.S.
23
Section 796.07(2), F.S.
24
Section 796.07(2)(f) and (5)(a), F.S.
25
Section 796.07(5)(b)1., F.S.
26
Section 796.07(5)(b)2., F.S.
27
Section 796.07(5)(c), F.S.
28
Section 796.07(5)(d), F.S.
29
Section 796.07(5)(e), F.S.
30
Section 796.07(6), F.S.
BILL: CS/CS/SB 1690 Page 6
III. Effect of Proposed Changes:
The bill amends s. 562.13, F.S., providing that a minor who may qualify for one of the
exceptions may not be employed as or perform as a professional entertainer or otherwise if such
employment involves nudity, or be employed by an adult entertainment establishment. Section
563.13, F.S., provides a list of exceptions that allows a minor to be employed by alcohol venders.
The bill creates s. 787.30, F.S., to prohibit a person under the age of 21 from working in an adult
entertainment establishment.31 Under the bill, adult entertainment establishments include adult
bookstores, adult theaters, special cabarets, and unlicensed massage establishments as defined by
statute. Specifically, the bill provides that an owner, manager, employee, or contractor of an
adult entertainment establishment, who knowingly employs, contracts with, contracts