|
|
|
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. |