HB 1379 — Human Trafficking

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 HB1379CS/HB1379 2024 A bill to be entitled An act relating to human trafficking;

providing definitions;

requiring adult entertainment establishments to check identification of entertainers;

specifying forms of identification that may be used;

9 WHEREAS, Florida is ranked third nationally for reported cases of human trafficking abuses, many of which involved sex trafficking, and WHEREAS, 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, and WHEREAS, victims of sex trafficking are frequently recruited to work as performers or employees in adult entertainment establishments, and WHEREAS, researchers have found that sex trafficking victims are more likely to be trafficked by someone from within her or his own community, and WHEREAS, persons younger than 21 years are more likely to still remain within and dependent on the community in which they Page 1of 79 CODING:

hb1379-00hb1379-01-c1 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 HB1379CS/HB1379 2024 her or his own community, and WHEREAS, persons younger than 21 years of age are more likely to still remain within and dependent on the community in which they were raised, and WHEREAS, 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, and WHEREAS, 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, and WHEREAS, an understanding of history and human nature reveals that there are sex criminals of various kinds who will prey on the young and vulnerable, and WHEREAS, 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, and WHEREAS, 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, andPage WHEREAS,2of on9 NovemberCODING: 16, 2018, the federal Fifth Circuit Court of Appeals, in the case of Jane Doe I v.

Landry, reported Page 2of 7 CODING:

hb1379-00hb1379-01-c1 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 HB1379CS/HB1379 2024 atand 909WHEREAS, F.3don 99November (5th16, Cir.2018, the federal Fifth Circuit Court of Appeals, in the case of Jane Doe I v.

Landry, 909 F.3d 99 (5th Cir.

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 Page 3of 79 CODING:

hb1379-00hb1379-01-c1 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 HB1379CS/HB1379 2024 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'scity's interest in preventing human and sex trafficking, NOW, THEREFORE, 7982 Be It Enacted by the Legislature of the State of Florida:

8184 Section 1.

(c) 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 obtainedPage licenses4of to9 sellCODING: beer or beer and wine, when such sales are made for consumption off the premises.

(d) Persons 17 years of age or over or any person Page 4of 7 CODING:

hb1379-00hb1379-01-c1 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 HB1379CS/HB1379 2024 furnishingobtained evidencelicenses thatto hesell orbeer she is a senior high school student with written permission of the principal of said senior high school or thatbeer heand orwine, shewhen issuch asales senior high school graduate, or any high school graduate, employed by a bona fide food service establishment where alcoholic beverages are sold,made providedfor suchconsumption personsoff do not participate in the sale,premises. preparation, or service of the beverages and that their duties are of such nature as to provide them with training and knowledge as might lead to further advancement in food service establishments.

(d) Persons 17 years of age or over or any person furnishing evidence that he or she is a senior high school student with written permission of the principal of said senior high school or that he or she is a senior high school graduate, or any high school graduate, 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 are of such nature as to provide them with training and knowledge as might lead to further advancement in food service establishments.

(g) Persons under the age of 18 years employed by a bona fide dinner theater as defined in this paragraph, as long as their employment is limited to the services of an actor, actress,Page or5of musician.9 CODING:

For the purposes of this paragraph, a dinner theater means a theater presenting consecutive productions playing no less than 3 weeks each in conjunction Page 5of 7 CODING:

hb1379-00hb1379-01-c1 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 HB1379CS/HB1379 2024 withactress, dinneror servicemusician. on a regular basis.

For the purposes of this paragraph, a dinner theater means a theater presenting consecutive productions playing no less than 3 weeks each in conjunction with dinner service on a regular basis.

However, a minor who qualifies for one of the exceptions in this subsection to whom this subsection otherwise applies may not be employed if the employment, whether as a professional entertainer or otherwise,otherwise if such employment, involves nudity, as defined in s.

847.001, on the part of the minor and such nudity is intended as a form of adult entertainment.entertainment, or be employed by an adult entertainment establishment, as defined in s.

847.001.

2.Page 6of 9 CODING:

Who has been convicted within the last past 5 years in this state or any other state or the United States of soliciting for prostitution, pandering, letting premises for prostitution, keeping a disorderly place, or any felony violation of chapter 893 or the controlled substances act of any other state or the Page 6of 7 CODING:

hb1379-00hb1379-01-c1 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 HB1379CS/HB1379 2024 Federal2. Government.

Who has been convicted within the last past 5 years in this state or any other state or the United States of soliciting for prostitution, pandering, letting premises for prostitution, keeping a disorderly place, or any felony violation of chapter 893 or the controlled substances act of any other state or the Federal Government.

787.30 Employing persons under the age of 21 years in adult entertainment establishments prohibited.— (1) AAs personused may not knowingly employ any person younger than 21 years in anythis adultsection, entertainmentthe establishment,term: as defined in s.

(a) "Adult entertainment establishment" has the same meaning as in s.

(2)(b) A"Nude" personmeans whothe violatesshowing subsectionof (1)the commitshuman amale felonyor offemale thegenitals, secondpubic degree,area, punishableor asbuttock providedwith inless s.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 Page 7of 9 CODING:

Words strickenare deletions;

words underlined are additions.

hb1379-01-c1 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 CS/HB1379 2024 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, regardless of whether the nipple is covered during or incidental to feeding.

(2)(a) Except as provided in paragraph (b), an owner, a manager, an employee, or a 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 misdemeanor of the first degree, punishable as provided in s.

775.082 or s.

775.083.

(b) An owner, a manager, an employee, or a 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 while nude in an adult entertainment establishment commits a felony of the second degree, punishable as provided in s.