Senate Bill sb0640c1

    Florida Senate - 2004                            CS for SB 640

    By the Committee on Comprehensive Planning; and Senator Miller





    316-1108-04

  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, 2004 2001, an adult entertainment

22  establishment that sells, rents, loans, distributes,

23  transmits, shows, or exhibits any obscene material, as

24  described in s. 847.0133, or presents live entertainment or a

25  motion picture, slide, or other exhibit that, in whole or in

26  part, depicts nudity, sexual conduct, sexual excitement,

27  sexual battery, sexual bestiality, or sadomasochistic abuse

28  and that is harmful to minors, as described in s. 847.001, may

29  not be located within 2,500 feet of the real property that

30  comprises a public or private elementary school, middle

31  school, or secondary school unless the county or municipality

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






    Florida Senate - 2004                            CS for SB 640
    316-1108-04




 1  approves the location under proceedings as provided in s.

 2  125.66(4) for counties or s. 166.041(3)(c) for municipalities

 3  and the district school board consents to the location at a

 4  meeting of the district school board held pursuant to s.

 5  1001.372.

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

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

 8  s. 775.083.

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

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11          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
12                         Senate Bill 640

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14  The CS revises a grandfather provision to exempt an adult
    entertainment establishment that is legally operating within
15  2,500 of a school on or before July 1, 2004, from having to
    obtain the district school board's consent to the location.
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CODING: Words stricken are deletions; words underlined are additions.