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 13 Y, 2 N Wright Anstead
Subcommittee
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.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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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.
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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.
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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 obtaining16 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 possi ble
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.
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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 misdemeanor26 for a first
violation, a third-degree felony27 for a second violation, and a second-degree felony28 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 violatio