Senate Bill sb0428c1

    Florida Senate - 2002                            CS for SB 428

    By the Committee on Comprehensive Planning, Local and Military
    Affairs; and Senator Miller




    316-1917-02

  1                      A bill to be entitled

  2         An act relating to adult entertainment

  3         establishments; amending s. 847.0134, F.S.;

  4         revising the prohibition against locating an

  5         adult entertainment establishment within a

  6         specified distance from a school; requiring

  7         that such establishment be approved by the

  8         county or municipality and the district school

  9         board; providing an effective date.

10

11  Be It Enacted by the Legislature of the State of Florida:

12

13         Section 1.  Section 847.0134, Florida Statutes, is

14  amended to read:

15         847.0134  Prohibition of adult entertainment

16  establishment that displays, sells, or distributes materials

17  harmful to minors within 2,500 feet of a school.--

18         (1)  Except for those establishments that are legally

19  operating or have been granted a permit from a local

20  government to operate as  adult entertainment establishments

21  on or before July 1, 2001, an adult entertainment

22  establishment that sells, rents, loans, distributes,

23  transmits, shows, or exhibits any obscene material, as

24  described in s. 847.0133, or presents live entertainment or a

25  motion picture, slide, or other exhibit that, in whole or in

26  part, depicts nudity, sexual conduct, sexual excitement,

27  sexual battery, sexual bestiality, or sadomasochistic abuse

28  and that is harmful to minors, as described in s. 847.001, may

29  not be located within 2,500 feet of the real property that

30  comprises a public or private elementary school, middle

31  school, or secondary school unless the county or municipality

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 428
    316-1917-02




  1  approves the location under proceedings as provided in s.

  2  125.66(4) for counties or s. 166.041(3)(c) for municipalities

  3  and the district school board consents to the location at a

  4  meeting of the district school board held pursuant to s.

  5  230.16.

  6         (2)  A violation of this section constitutes a felony

  7  of the third degree, punishable as provided in s. 775.082 or

  8  s. 775.083.

  9         Section 2.  This act shall take effect July 1, 2002.

10

11          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
12                             SB 0428

13

14  The CS restores the distance within which an adult
    entertainment facility may not be located from 2,000 feet to
15  2,500 feet, and a grandfather provision for an adult
    entertainment establishment permitted on or before July 1,
16  2001. In addition, the CS requires a school board, in addition
    to the appropriate county or municipality, to approve the
17  location of a new adult entertainment facility within 2,500
    feet of a school.
18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  2

CODING: Words stricken are deletions; words underlined are additions.