Florida Senate passes bill to raise state's exotic dancing age to 21

The Florida Senate Tuesday voted to strip away exotic dancers’ ability to work until they’re 21 years old.

The legislation (HB 7063), which passed by a 35-3 vote, doesn’t only take aim at below-drinking age strippers but anyone working at an adult entertainment establishment, which includes adult bookstores and theaters.

Legislation solely focused on such age restrictions (HB 1379/SB 1690) died, but senators amended its provisions into a broader bill the House passed last month focused on preventing human trafficking. Because of the changes, it would need to be OK'd by the House again before heading to Gov. Ron DeSantis.

Some opponents say it would violate the First Amendment rights of the workers. Bill proponents say it doesn't, framing the restriction as a matter of public safety that can circumvent constitutional protections.

"Adult entertainment establishments are widely recognized as being a significant part of the human trafficking network, used by traffickers to coerce and certainly to facilitate women, men, children into these activities," said Sen. Bryan Avila, R-Miami Springs, a bill sponsor.

But constitutional concerns weren't the only ones.

Sen. Jason Pizzo, D-North Miami Beach, questioned whether this had more to do with campaign messaging — it's an election year — and ideological opposition to adult entertainment establishments. He also worried about what might happen to workers who lose their jobs.

"They could further their education," countered Republican Sen. Clay Yarborough of Jacksonville, a sponsor of the age restriction legislation incorporated into the approved bill. "They could go into other employment."

But Pizzo asked if he was concerned they would switch to things "deeper, darker and far more nefarious than dancing."

"I'm genuinely concerned about someone who might be a full-time enrolled student in South Florida, who no longer will make (hundreds of dollars) on a Friday night (and) will go and sell their body in a much more dangerous situation," Pizzo said.

Senate Democratic Leader Lauren Book of Plantation warned about taking away "somebody's livelihood."

"These are adults, and we are taking away their ability to work," said Book, who echoed Pizzo in wondering what other jobs they might take up. "I have a problem with going after a predominantly female profession and disallowing adults from doing a job, whether we like that job or we don't."

But the three votes against came from other Democrats as Pizzo and Book ended up voting "yes" on the legislation.

Jacksonville case could set precedent on stripper age

The measure comes as the 11th U.S. Circuit Court of Appeals is expected to rule soon on a Jacksonville dancer age restriction ordinance, a decision that could set a precedent on age-based regulation of expression – and a decision that could potentially knock down such restrictions.

During the Jacksonville litigation, it came out that “no arrest for human trafficking has ever been made in an exotic dance establishment” in that city, according to court records. But a federal judge upheld the ordinance, and it remains in effect awaiting the decision.

This year's legislation moving in the Capitol doesn't stop at an age restriction. It also makes it a first degree misdemeanor for an adult entertainment establishment employer to “knowingly” hire someone younger than 21. If that person does nude work, it’s a second degree felony, punishable by up to 15 years behind bars.

And the language emphasizes that “a person’s ignorance of another person’s age or a person’s misrepresentation of his or her age may not be raised as a defense in a prosecution.”

Nude is defined in the bill as "showing of the human male or female genitals, pubic area, or buttock 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."

If signed, it would become effective July 1.

First Amendment concerns on restriction: Some Florida lawmakers want to reduce age to buy rifles, raise age to be stripper

Effect of local age restriction: Jacksonville exotic dancers lost their jobs to prevent sex trafficking: Did it work?

This reporting content is supported by a partnership with Freedom Forum and Journalism Funding Partners. USA Today Network-Florida First Amendment reporter Douglas Soule can be reached at DSoule@gannett.com.

This article originally appeared on Tallahassee Democrat: Florida senators approve bill raising exotic dancing age to 21