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Restrictions on 'adult live performances' clears Florida Senate

'What is the danger here?' asked Sen. Tina Polsky says. 'We haven't seen a single example of improper conduct.'
Posted at 6:44 PM, Apr 11, 2023
and last updated 2023-04-11 18:44:13-04

TALLAHASSEE, Fla. — A ban on drag shows or the protection of children? That was the debate on the state Senate floor Tuesday afternoon as protesters chanted outside the chamber.

Republicans approved SB 1438 with a party-line vote. It prohibits someone from knowingly admitting a child to what it calls "adult live performances." They're defined as a presentation that "depicts or simulates nudity, sexual conduct, or specific sexual activities…"

Violation is a first-degree misdemeanor with up to a year of imprisonment and fines. Hotels, restaurants or bars hosting face fines as well or loss of licenses. Even those who issued a permit for public events are subject to a misdemeanor charge.

GOP members called it an effort to shield children from sexually explicit content.

"As lawmakers, we are failing the children of Florida if we don't step in and say there are venues in at which performances should not let children in if you have certain content," Sen. Clay Yarborough, R-Jacksonville, the bill sponsor said. "I'm confident that, not only in my district but across the state, parents don't want kids to go into these performances."

On the floor, Democrats railed against the bill. Many feared its broad definitions could censor the LGBTQ+ community.

"What is the danger here?" Sen. Tina Polsky, D-Boca Raton, asked. "We haven't seen a single example of improper conduct."

Sen. Shevrin Jones, D-Miami Gardens, Florida's first openly gay state senator, called the policy a "waste of time." He called SB 1438 GOP "indoctrination," alleging Republicans were trying to create an issue to appease their voter base.

"Talk to us about things that are going to move the agenda of Floridians," Jones said. "Talk to us about property insurance— talk to us about what's going to move children to make sure they're proficient in reading."

The bill now heads to the Florida House, likely the final stop before reaching the governor's desk. A vote there could take several weeks as the lower chamber's version still has two more committee stops before reaching the floor.