Senate Bill sb0640

    Florida Senate - 2004                                   SB 640

    By Senator Miller





    18-744-04

  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.

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

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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 on

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

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

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

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

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

26  sexual conduct, sexual excitement, sexual battery, sexual

27  bestiality, or sadomasochistic abuse and that is harmful to

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

29  2,500 feet of the real property that comprises a public or

30  private elementary school, middle school, or secondary school

31  unless the county or municipality approves the location under

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    Florida Senate - 2004                                   SB 640
    18-744-04




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

 2  166.041(3)(c) for municipalities and the district school board

 3  consents to the location at a meeting of the district school

 4  board held pursuant to s. 1001.372.

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

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

 7  s. 775.083.

 8         Section 2.  This act shall take effect July 1, 2004.

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11                          SENATE SUMMARY

12    Prohibits locating certain adult entertainment
      establishments within 2,500 feet of a school unless the
13    location is approved by the district school board.

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