MELBOURNE, Fla. – A pair of bills on a pathway to becoming law created friction between the City of Melbourne and the bill’s sponsor, Rep. Randy Fine, R-Dist. 33.

Senate Bill 1438 bear the name “Protection of Children Act.” The bill passed both chambers and is now heading to Gov. Ron DeSantis’ desk.

House Bill 1423, the Senate bill's companion bill that was replaced by the Senate version, was championed by Fine, who represents Florida’s District 33, which includes a large chunk of Brevard County. As the bill was being introduced into the House, Fine made a closing speech in a committee meeting arguing that his bill didn’t target drag performers specifically, but rather prevented adults from brining children to what he and supporters of the bill describe as “adult live performances.”

This bill defines “adult live performances” as “any show, exhibition, or other presentation in front of a live audience which, in whole or in part, depicts or simulates nudity, sexual conduct, sexual excitement, or specific sexual activities as those terms are defined in s. 847.001, lewd conduct, or the lewd exposure of prosthetic or imitation genitals or breasts.”

“We have a definition and they’re the ones that are saying this definition applies to them,” Fine said on April 12. “Well, if it means erasing a community because you have to target children, then damn right we ought to do it.”

On Wednesday, Space Coast Pride Board of Directors issued a statement responding to this and other legislation that passed this week, stating in part:

“Today, the Florida House of Representatives passed a series of bills that further endanger the rights and safety of LGBTQIA+ individuals, marking a disturbing similarity to tactics used throughout history to dehumanize, criminalize, and persecute marginalized groups. Make no mistake – these bills are an attack on our very existence and it is a chilling reminder that we must remain vigilant in protecting the LGBTQIA+ community.”

In addition to the original draft of the bill creating penalties for private establishments for allowing children into events that they argue would violate the law, an amendment added by State Sen. Clay Yarborough also creates provisions to punish governments who issue permits for events deemed to violate the law.

While Fine claimed drag queens were unconnected to the bill, he posted to his Facebook page the same day as his committee speech, accusing drag performers of illegal behavior in front of children.

In a Sept. 27, 2022, Facebook post following last year’s Space Coast Pride event in downtown Melbourne, Fine repeated allegations that there was “lewd and lascivious conduct towards children at ‘Drag Queen Story Time.’” No successive social media posts mentioned any evidence of this.

Bill McKay, the community director for Space Coast Pride said he and others with the organization were “saddened” by the introduction and subsequent passage of HB 1423. He argued that their pride events are welcoming events for families.

“We’ve never done anything to harm children or do anything but lift our children up and have them be a part of our families and our friends and our festivals,” McKay said.

Melbourne Mayor Paul Alfrey took issue with the claims made by Fine, which he said not only levy unfounded accusations against Space Coast Pride, but also against law enforcement who were present at the event.

“In the city of Melbourne, we take law enforcement seriously," Alfrey said. "We have a strong law enforcement base, but to say that our men and women in uniform aren’t doing their jobs, that they would stand around and let the sexual deviation or perversion of children, it’s completely unacceptable."

He posted a picture of Drag Queen Story Time from last year’s event in response to a Facebook comment, arguing that it didn’t violate the city’s current adult entertainment ordinance.

Melbourne Police were present throughout the pride event in 2022 along with the Brevard County Sheriff’s Office. MPD Chief David Gillespie drafted a memorandum dated April 14 affirming that there was no impropriety during the Space Coast Pride Parade and Festival in 2022.

“There’s nothing in here, from the officers that were there, that gave them any indication that they needed to take any action or they would’ve done so immediately,” Gillespie told Spectrum News.

With the bill’s passage through both the Florida House and Senate, it now heads to DeSantis’ desk. If signed, it would go into law immediately.

Alfrey said city officials will meet with Space Coast Pride and assess their application for a permit for their fall pride event, as they would do with any other applicant.

On Wednesday, just south of Brevard County, the officials with Pride Alliance of the Treasure Coast announced that they were canceling Saturday's pride parade and would be shifting all pride events to require all attendees to be 21 or older.

McKay said Space Coast Pride is moving forward with festival plans, despite the potential of new legal hurdles.

“We will make sure we’re doing what we need to do," McKay said. "You know, this is literally one bill of 20 bills that will affect our community and most people need to understand that this is just one piece of that block wall that they’re tearing at. They want to restrict us, they want us to not exist, so they will try anything they can to disappear us.”

“They say they want less government, well, this is not less government," he added. "Every one of these bills reaches into health care, reaches into our personal lives and I can guarantee you, they will not stop with our community. We’re a marginalized community. We’re the beginning."