House Bill hb0931

    Florida House of Representatives - 2002                 HB 931

        By Representative Joyner






  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 to eliminate

  7         the exceptions that are provided for an

  8         establishment operating before a specified date

  9         and an establishment approved by a county or

10         municipality; revising the distance from a

11         school within which an adult entertainment

12         establishment is prohibited from being located;

13         providing an effective date.

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

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17         Section 1.  Section 847.0134, Florida Statutes, is

18  amended to read:

19         847.0134  Prohibition of adult entertainment

20  establishment that displays, sells, or distributes materials

21  harmful to minors within 2,000 2,500 feet of a school.--

22         (1)  Except for those establishments that are legally

23  operating or have been granted a permit from a local

24  government to operate as adult entertainment establishments on

25  or before July 1, 2001, An adult entertainment establishment

26  that sells, rents, loans, distributes, transmits, shows, or

27  exhibits any obscene material, as described in s. 847.0133, or

28  presents live entertainment or a motion picture, slide, or

29  other exhibit that, in whole or in part, depicts nudity,

30  sexual conduct, sexual excitement, sexual battery, sexual

31  bestiality, or sadomasochistic abuse and that is harmful to

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






    Florida House of Representatives - 2002                 HB 931

    772-111-02






  1  minors, as described in s. 847.001, may not be located within

  2  2,000 2,500 feet of the real property that comprises a public

  3  or private elementary school, middle school, or secondary

  4  school unless the county or municipality approves the location

  5  under proceedings as provided in s. 125.66(4) for counties or

  6  s. 166.041(3)(c) for municipalities.

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

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

  9  s. 775.083.

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

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13                          SENATE SUMMARY

14    Removes the exceptions to the law which allow an adult
      entertainment establishment to be located near a public
15    or private elementary school, middle school, or secondary
      school if the establishment was legally operating before
16    July 1, 2001, or if the establishment is approved by a
      county or municipality. Changes the prohibition against
17    locating an adult entertainment establishment within
      2,500 feet from a school to prohibit locating such an
18    establishment within 2,000 feet from a school.

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