Under the new law, pride events could be charged with a first-degree misdemeanor for any "adult performance" occurring at the event, irrespective of whether it was under the event organizer's control. Knowingly allowing a minor to attend an adult performance can result in a first-degree misdemeanor charge.

Florida Introduces SB 1438 

Florida Governor Ron DeSantis ratified the new anti-drag show bill, SB 1438, along with three other legislations last week. These laws place stringent restrictions, or in some instances, completely prohibit gender-affirming care, limit transgender people's restroom choices, among other regulations.

SB 1438, the new Florida law, includes ambiguous verbiage that could potentially target drag shows and performances. Opponents argue this is unnecessary given the existing Florida law which already forbids exposing minors to shows deemed sexually explicit or harmful.

Governor DeSantis has denounced drag events allowing children, and sought to revoke liquor licenses of venues hosting these, even while state inspectors found no evidence of indecent conduct at the events he criticized.

SB 1438, The New Florida Anti-Drag Show Law, Explained

The SB 1438 legislation does not drastically alter existing laws within Florida. It does, however, broaden its scope by:

  • Instituting Florida Statute 255.70, which defines a “governmental entity.”
  • Prohibiting governmental entities from permitting performances that breach Florida Statute 827.11.
  • Modifying Florida Statute 509.261, empowering the Division of Hotels and Restaurants of the Department of Business and Professional Regulation (DBPR) to penalize, suspend, or revoke the licenses of establishments admitting minors to adult live performances.
  • Adjusting Florida Statute 561.29 to grant the DBPR full authority to revoke or suspend the licenses of any person breaching the Beverage Law.
  • Establishing Florida Statute 827.11, defining “adult live performance” and “knowingly.”
  • Authorizing the DBPR to impose specified fines for first, second, and subsequent violations of all the above.

“Governmental Entity” Defined Under SB 1438

Under SB 1438, a “governmental entity” encompasses any state, county, district, or municipal officer, department, division, board, bureau, commission, or other separate unit of government. Additionally, it includes any other public or private agency, person, partnership, corporation, or business entity representing any public agency.

Businesses Liable for Hosting ‘Adult Live Performances,’ Penalties Involved

The DBPR now has the authority to impose penalties, suspend or revoke licenses of businesses found guilty of admitting minors to adult live performances.

The law specifically declares that such a violation poses an "immediate serious danger to the public health, safety, or welfare," per Florida Statute 120.60(6).

Infringing businesses can be subjected to a $5,000 fine for a first offense and a $10,000 fine for any subsequent offense.

DBPR's Authority to Revoke Liquor Licenses

The DBPR is now vested with the power to impose fines, suspend or revoke the liquor licenses of any entity admitting minors to an adult live performance. Violators can face a $5,000 fine for a first offense and a $10,000 fine for each subsequent offense.

Defining ‘Adult Live Performances’ and ‘Knowingly’

The final section of the bill specifies the definitions of "adult live performances" and "knowingly". 

As per SB 1438, an adult live performance refers to any show, exhibition, or presentation before a live audience that depicts or simulates nudity, sexual conduct, sexual excitement, specific sexual activities defined in Florida Statute 847.001, lewd conduct, or the lewd exposure of prosthetic or imitation genitals or breasts.

"Knowingly" is defined as being generally aware of, having reason to know, or possessing a belief or grounds for belief that warrant further investigation into the nature and content of any adult live performance and the age of a child in attendance at the performance.

Impacts of Florida’s New Anti-Drag Law

The new law was enforced immediately upon signing on May 17. Thus, the long-term impacts of the bill are yet to be determined.

However, critics argue that the legislation could potentially disrupt pride parades and celebrations, which often feature participants in drag. The law’s broad language could empower counties and other governments to deny permits for such events.

Under the new law, pride events could be charged with a first-degree misdemeanor for any "adult performance" occurring at the event, irrespective of whether it was under the event organizer's control.

The implications of the new bill on other adult performances remain uncertain.

Proponents claim the law addresses all adult performances, not just drag. However, critics argue that the broad definition of "adult performance" leaves too much to interpretation.

Critics have expressed concern that the bill's language, threatening heavy fines and misdemeanor charges, is designed to intimidate LGBTQ-friendly businesses, leading to self-censorship.

Drag Shows in Florida

Drag shows are still legal in Florida. However, venues are now required to prevent children from attending any adult performances. Violators risk fines, suspension, or license revocation, with additional penalties of $5,000 for the first violation and $10,000 for second and subsequent violations. Knowingly allowing a minor to attend an adult performance can result in a first-degree misdemeanor charge.

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