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| 1 | A bill to be entitled | ||
| 2 | An act relating to adult entertainment establishments; | ||
| 3 | amending s. 847.0134, F.S.; revising the prohibition | ||
| 4 | against locating an adult entertainment establishment | ||
| 5 | within a specified distance from a school; requiring that | ||
| 6 | such establishment be approved by the county or | ||
| 7 | municipality and the district school board; providing an | ||
| 8 | effective date. | ||
| 9 | |||
| 10 | Be It Enacted by the Legislature of the State of Florida: | ||
| 11 | |||
| 12 | Section 1. Section 847.0134, Florida Statutes, is amended | ||
| 13 | to read: | ||
| 14 | 847.0134 Prohibition of adult entertainment establishment | ||
| 15 | that displays, sells, or distributes materials harmful to minors | ||
| 16 | within 2,500 feet of a school.-- | ||
| 17 | (1) Except for those establishments that are legally | ||
| 18 | operating or have been granted a permit from a local government | ||
| 19 | to operate as adult entertainment establishments on or before | ||
| 20 | July 1, 2001, an adult entertainment establishment that sells, | ||
| 21 | rents, loans, distributes, transmits, shows, or exhibits any | ||
| 22 | obscene material, as described in s. 847.0133, or presents live | ||
| 23 | entertainment or a motion picture, slide, or other exhibit that, | ||
| 24 | in whole or in part, depicts nudity, sexual conduct, sexual | ||
| 25 | excitement, sexual battery, sexual bestiality, or | ||
| 26 | sadomasochistic abuse and that is harmful to minors, as | ||
| 27 | described in s. 847.001, may not be located within 2,500 feet of | ||
| 28 | the real property that comprises a public or private elementary | ||
| 29 | school, middle school, or secondary school unless the county or | ||
| 30 | municipality approves the location under proceedings as provided | ||
| 31 | in s. 125.66(4) for counties or s. 166.041(3)(c) for | ||
| 32 | municipalities and the district school board consents to the | ||
| 33 | location at a meeting of the district school board held pursuant | ||
| 34 | to s. 1001.372. | ||
| 35 | (2) A violation of this section constitutes a felony of | ||
| 36 | the third degree, punishable as provided in s. 775.082 or s. | ||
| 37 | 775.083. | ||
| 38 | Section 2. This act shall take effect July 1, 2003. | ||