HB 0653 2003
   
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.