SB 1438 Protection of Children Act Now Enforceable Statewide
Summary
On December 15, 2025, the Eleventh Circuit issued an order allowing Florida's 2023 Protection of Children Act (SB 1438) to be enforced statewide, reversing a preliminary injunction except as to plaintiff HM Florida-ORL, LLC. The Act prohibits knowingly admitting a child to an adult live performance under section 827.11, Florida Statutes. Violation constitutes a first-degree misdemeanor, and DBPR may fine, suspend, or revoke licenses of public lodging establishments, public food service establishments, or alcoholic beverage licensees who admit a child in violation. Licensees are directed to review their operations and ensure full compliance.
Alcoholic beverage, food service, and lodging licensees in Florida should treat this as an active compliance obligation. Any venue that hosts adult live performances should immediately review entry controls, implement age-verification procedures for performances, and train staff on the prohibition against admitting children under section 827.11. The first-degree misdemeanor penalty and DBPR's administrative sanction authority (fine, suspension, revocation) create dual exposure for violations.
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GovPing monitors FL DBPR Alcoholic Beverages for new consumer protection regulatory changes. Every update since tracking began is archived, classified, and available as free RSS or email alerts — 3 changes logged to date.
What changed
The Eleventh Circuit's December 15, 2025 order lifts the district court's preliminary injunction on Florida's 2023 Protection of Children Act (SB 1438), making the Act enforceable statewide effective immediately. The Act prohibits knowingly admitting a child to an adult live performance as defined in section 827.11, Florida Statutes. Affected parties include all public lodging establishments, public food service establishments, and alcoholic beverage licensees in Florida. These licensees face criminal exposure as a first-degree misdemeanor and administrative discipline including license suspension or revocation for violations. Operators should immediately audit their entry procedures and age-verification practices for adult live performances to ensure compliance.
HM Florida-ORL, LLC remains exempt from the Act's enforcement as the plaintiff in the underlying litigation.
Penalties
First-degree misdemeanor; DBPR may fine, suspend, or revoke license
Archived snapshot
Apr 23, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
Subject: Florida's 2023 Protection of Children Act (Senate Bill 1438) - Compliance Notice
Dear Licensee, On December 15, 2025, the United States Court of Appeals for the Eleventh Circuit issued an order in Case No. 23-12160 allowing Florida's 2023 Protection of Children Act (Senate Bill 1438) to be enforced during the appeal. Accordingly, the Act is enforceable throughout the State of Florida, except as to the plaintiff in that case. The Act prohibits knowingly admitting a child to an adult live performance, as defined in section 827.11, Florida Statutes. A violation of this provision is a first-degree misdemeanor. The Department of Business and Professional Regulation may also fine, suspend, or revoke the license of any public lodging establishment, public food service establishment, or alcoholic beverage licensee that admits a child to an adult live performance in violation of section 827.11. See sections 509.261(10)(a) and 561.29(1)(l), Florida Statutes. The Eleventh Circuit's order applies statewide. Please review your operations and ensure full compliance with the Act.
For additional information, see the December 15, 2025, order granting a stay of the district court's preliminary injunction, except as to Plaintiff HM Florida-ORL, LLC, in HM Florida-ORL, LLC v. Governor of Florida, et al., No. 23-12160, (11th Cir. Dec. 15, 2025).
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