CS for CS for SB 280                             First Engrossed
       
       
       
       
       
       
       
       
       2022280e1
       
    1                        A bill to be entitled                      
    2         An act relating to local ordinances; amending s.
    3         57.112, F.S.; authorizing courts to assess and award
    4         reasonable attorney fees and costs and damages in
    5         certain civil actions filed against local governments;
    6         specifying a limitation on awards and a restriction;
    7         providing construction and applicability; amending s.
    8         125.66, F.S.; requiring a board of county
    9         commissioners to prepare or cause to be prepared a
   10         business impact estimate before the enactment of a
   11         proposed ordinance; specifying requirements for the
   12         posting and content of the estimate; providing
   13         construction and applicability; creating s. 125.675,
   14         F.S.; requiring a county to suspend enforcement of an
   15         ordinance that is the subject of a certain legal
   16         action if certain conditions are met; authorizing a
   17         prevailing county to enforce the ordinance after a
   18         specified period, except under certain circumstances;
   19         requiring courts to give priority to certain cases;
   20         providing construction relating to an attorney’s or a
   21         party’s signature; requiring a court to impose
   22         sanctions under certain circumstances; providing
   23         applicability; authorizing courts to award attorney
   24         fees and costs and damages under certain
   25         circumstances; amending s. 166.041, F.S.; requiring a
   26         governing body of a municipality to prepare or cause
   27         to be prepared a business impact estimate before the
   28         enactment of a proposed ordinance; specifying
   29         requirements for the posting and content of the
   30         estimate; providing construction and applicability;
   31         creating s. 166.0411, F.S.; requiring a municipality
   32         to suspend enforcement of an ordinance that is the
   33         subject of a certain legal action if certain
   34         conditions are met; authorizing a prevailing
   35         municipality to enforce the ordinance after a
   36         specified period, except under certain circumstances;
   37         requiring courts to give priority to certain cases;
   38         providing construction relating to an attorney’s or a
   39         party’s signature; requiring a court to impose
   40         sanctions under certain circumstances; providing
   41         applicability; authorizing courts to award attorney
   42         fees and costs and damages under certain
   43         circumstances; amending ss. 163.2517, 163.3181,
   44         163.3215, 376.80, 497.270, 562.45, and 847.0134, F.S.;
   45         conforming cross-references; providing a declaration
   46         of important state interest; providing an effective
   47         date.
   48          
   49  Be It Enacted by the Legislature of the State of Florida:
   50  
   51         Section 1. Section 57.112, Florida Statutes, is amended to
   52  read:
   53         57.112 Attorney fees and costs and damages; arbitrary,
   54  unreasonable, or expressly preempted local ordinances actions.—
   55         (1) As used in this section, the term “attorney fees and
   56  costs” means the reasonable and necessary attorney fees and
   57  costs incurred for all preparations, motions, hearings, trials,
   58  and appeals in a proceeding.
   59         (2) If a civil action is filed against a local government
   60  to challenge the adoption or enforcement of a local ordinance on
   61  the grounds that it is expressly preempted by the State
   62  Constitution or by state law, the court shall assess and award
   63  reasonable attorney fees and costs and damages to the prevailing
   64  party.
   65         (3) If a civil action is filed against a local government
   66  to challenge the adoption of a local ordinance on the grounds
   67  that the ordinance is arbitrary or unreasonable, the court may
   68  assess and award reasonable attorney fees and costs and damages
   69  to a prevailing plaintiff. An award of reasonable attorney fees
   70  or costs and damages pursuant to this subsection may not exceed
   71  $50,000. In addition, a prevailing plaintiff may not recover any
   72  attorney fees or costs directly incurred or associated with
   73  litigation to determine an award of reasonable attorney fees or
   74  costs.
   75         (4) Attorney fees and costs and damages may not be awarded
   76  pursuant to this section if:
   77         (a) The governing body of a local governmental entity
   78  receives written notice that an ordinance that has been publicly
   79  noticed or adopted is expressly preempted by the State
   80  Constitution or state law or is arbitrary or unreasonable; and
   81         (b) The governing body of the local governmental entity
   82  withdraws the proposed ordinance within 30 days; or, in the case
   83  of an adopted ordinance, the governing body of a local
   84  government notices an intent to repeal the ordinance within 30
   85  days of receipt of the notice and repeals the ordinance within
   86  30 days thereafter.
   87         (5)(4) The provisions in this section are supplemental to
   88  all other sanctions or remedies available under law or court
   89  rule. However, this section may not be construed to authorize
   90  double recovery if an affected person prevails on a damages
   91  claim brought against a local government pursuant to other
   92  applicable law involving the same ordinance, operative acts, or
   93  transactions.
   94         (6)(5) This section does not apply to local ordinances
   95  adopted pursuant to part II of chapter 163, s. 553.73, or s.
   96  633.202.
   97         (7)(a)(6)Except as provided in paragraph (b), this section
   98  is intended to be prospective in nature and applies shall apply
   99  only to cases commenced on or after July 1, 2019.
  100         (b)The amendments to this section effective October 1,
  101  2022, are prospective in nature and apply only to ordinances
  102  adopted on or after October 1, 2022.
  103         Section 2. Present subsections (3) through (6) of section
  104  125.66, Florida Statutes, are redesignated as subsections (4)
  105  through (7), respectively, a new subsection (3) is added to that
  106  section, and paragraph (a) of subsection (2) of that section is
  107  amended, to read:
  108         125.66 Ordinances; enactment procedure; emergency
  109  ordinances; rezoning or change of land use ordinances or
  110  resolutions.—
  111         (2)(a) The regular enactment procedure shall be as follows:
  112  The board of county commissioners at any regular or special
  113  meeting may enact or amend any ordinance, except as provided in
  114  subsection (5) (4), if notice of intent to consider such
  115  ordinance is given at least 10 days before such meeting by
  116  publication as provided in chapter 50. A copy of such notice
  117  shall be kept available for public inspection during the regular
  118  business hours of the office of the clerk of the board of county
  119  commissioners. The notice of proposed enactment shall state the
  120  date, time, and place of the meeting; the title or titles of
  121  proposed ordinances; and the place or places within the county
  122  where such proposed ordinances may be inspected by the public.
  123  The notice shall also advise that interested parties may appear
  124  at the meeting and be heard with respect to the proposed
  125  ordinance.
  126         (3)(a) Before the enactment of a proposed ordinance, the
  127  board of county commissioners shall prepare or cause to be
  128  prepared a business impact estimate in accordance with this
  129  subsection. The business impact estimate must be posted on the
  130  county’s website no later than the date the notice of proposed
  131  enactment is published pursuant to paragraph (2)(a) and must
  132  include all of the following:
  133         1.A summary of the proposed ordinance, including a
  134  statement of the public purpose to be served by the proposed
  135  ordinance, such as serving the public health, safety, morals,
  136  and welfare of the county.
  137         2.An estimate of the direct economic impact of the
  138  proposed ordinance on private for-profit businesses in the
  139  county, including the following, if any:
  140         a.An estimate of direct compliance costs businesses may
  141  reasonably incur if the ordinance is enacted.
  142         b.Identification of any new charge or fee on businesses
  143  subject to the proposed ordinance or for which businesses will
  144  be financially responsible.
  145         c.An estimate of the county’s regulatory costs, including
  146  an estimate of revenues from any new charges or fees that will
  147  be imposed on businesses to cover such costs.
  148         3.A good faith estimate of the number of businesses likely
  149  to be impacted by the ordinance.
  150         4.Any additional information the board determines may be
  151  useful.
  152         (b)This subsection may not be construed to require a
  153  county to procure an accountant or other financial consultant to
  154  prepare the business impact estimate required by this
  155  subsection.
  156         (c)This subsection does not apply to local ordinances
  157  enacted to implement the following:
  158         1. Part II of chapter 163;
  159         2. Section 553.73;
  160         3. Section 633.202;
  161         4.Sections 190.005 and 190.046;
  162         5. Ordinances required to comply with federal or state law
  163  or regulation;
  164         6. Ordinances related to the issuance or refinancing of
  165  debt;
  166         7. Ordinances related to the adoption of budgets or budget
  167  amendments;
  168         8. Ordinances required to implement a contract or an
  169  agreement, including, but not limited to, any federal, state,
  170  local, or private grant, or other financial assistance accepted
  171  by a county government; or
  172         9.Emergency ordinances.
  173         Section 3. Section 125.675, Florida Statutes, is created to
  174  read:
  175         125.675 Legal challenges to certain recently enacted
  176  ordinances.—
  177         (1) A county must suspend enforcement of an ordinance that
  178  is the subject of an action challenging the ordinance’s validity
  179  on the grounds that it is expressly preempted by the State
  180  Constitution or by state law or is arbitrary or unreasonable if:
  181         (a) The action was filed with the court no later than 90
  182  days after the adoption of the ordinance;
  183         (b) The complainant requests suspension in the initial
  184  complaint or petition, citing this section; and
  185         (c) The county has been served with a copy of the complaint
  186  or petition.
  187         (2) When the plaintiff appeals a final judgment finding
  188  that an ordinance is valid and enforceable, the county may
  189  enforce the ordinance 30 days after the entry of the order
  190  unless the plaintiff files a motion for a stay of the lower
  191  tribunal’s order which is granted by the appellate court.
  192         (3) The court shall give cases in which the enforcement of
  193  an ordinance is suspended under this section priority over other
  194  pending cases and shall render a preliminary or final decision
  195  on the validity of the ordinance as expeditiously as possible.
  196         (4) The signature of an attorney or a party constitutes a
  197  certificate that he or she has read the pleading, motion, or
  198  other paper and that, to the best of his or her knowledge,
  199  information, and belief formed after reasonable inquiry, it is
  200  not interposed for any improper purpose, such as to harass or to
  201  cause unnecessary delay, or for economic advantage, competitive
  202  reasons, or frivolous purposes or needless increase in the cost
  203  of litigation. If a pleading, motion, or other paper is signed
  204  in violation of these requirements, the court, upon its own
  205  initiative, shall impose upon the person who signed it, a
  206  represented party, or both, an appropriate sanction, which may
  207  include an order to pay to the other party or parties the amount
  208  of reasonable expenses incurred because of the filing of the
  209  pleading, motion, or other paper, including reasonable attorney
  210  fees.
  211         (5) This section does not apply to local ordinances enacted
  212  to implement the following:
  213         (a) Part II of chapter 163;
  214         (b) Section 553.73;
  215         (c) Section 633.202;
  216         (d) Sections 190.005 and 190.046;
  217         (e) Ordinances required to comply with federal or state law
  218  or regulation;
  219         (f) Ordinances related to the issuance or refinancing of
  220  debt;
  221         (g) Ordinances related to the adoption of budgets or budget
  222  amendments;
  223         (h) Ordinances required to implement a contract or an
  224  agreement, including, but not limited to, any federal, state,
  225  local, or private grant, or other financial assistance accepted
  226  by a county government; or
  227         (i) Emergency ordinances.
  228         (6) The court may award attorney fees and costs and damages
  229  as provided in s. 57.112.
  230         Section 4. Present subsections (4) through (8) of section
  231  166.041, Florida Statutes, are redesignated as subsections (5)
  232  through (9), respectively, and a new subsection (4) is added to
  233  that section, to read:
  234         166.041 Procedures for adoption of ordinances and
  235  resolutions.—
  236         (4)(a) Before the enactment of a proposed ordinance, the
  237  governing body of a municipality shall prepare or cause to be
  238  prepared a business impact estimate in accordance with this
  239  subsection. The business impact estimate must be posted on the
  240  municipality’s website no later than the date the notice of
  241  proposed enactment is published pursuant to paragraph (3)(a) and
  242  must include all of the following:
  243         1. A summary of the proposed ordinance, including a
  244  statement of the public purpose to be served by the proposed
  245  ordinance, such as serving the public health, safety, morals,
  246  and welfare of the municipality.
  247         2. An estimate of the direct economic impact of the
  248  proposed ordinance on private for-profit businesses in the
  249  municipality, including the following, if any:
  250         a. An estimate of direct compliance costs businesses may
  251  reasonably incur if the ordinance is enacted;
  252         b. Identification of any new charge or fee on businesses
  253  subject to the proposed ordinance, or for which businesses will
  254  be financially responsible; and
  255         c. An estimate of the municipality’s regulatory costs,
  256  including an estimate of revenues from any new charges or fees
  257  that will be imposed on businesses to cover such costs.
  258         3. A good faith estimate of the number of businesses likely
  259  to be impacted by the ordinance.
  260         4. Any additional information the governing body determines
  261  may be useful.
  262         (b) This subsection may not be construed to require a
  263  municipality to procure an accountant or other financial
  264  consultant to prepare the business impact estimate required by
  265  this subsection.
  266         (c) This subsection does not apply to local ordinances
  267  enacted to implement the following:
  268         1. Part II of chapter 163;
  269         2. Section 553.73;
  270         3. Section 633.202;
  271         4. Sections 190.005 and 190.046;
  272         5. Ordinances required to comply with federal or state law
  273  or regulation;
  274         6. Ordinances related to the issuance or refinancing of
  275  debt;
  276         7. Ordinances related to the adoption of budgets or budget
  277  amendments;
  278         8. Ordinances required to implement a contract or an
  279  agreement, including, but not limited to, any federal, state,
  280  local, or private grant, or other financial assistance accepted
  281  by a local government; or
  282         9. Emergency ordinances.
  283         Section 5. Section 166.0411, Florida Statutes, is created
  284  to read:
  285         166.0411 Legal challenges to certain recently enacted
  286  ordinances.—
  287         (1) A municipality must suspend enforcement of an ordinance
  288  that is the subject of an action challenging the ordinance’s
  289  validity on the grounds that it is expressly preempted by the
  290  State Constitution or by state law or is arbitrary or
  291  unreasonable if:
  292         (a) The action was filed with the court no later than 90
  293  days after the adoption of the ordinance;
  294         (b) The complainant requests suspension in the initial
  295  complaint or petition, citing this section; and
  296         (c) The municipality has been served with a copy of the
  297  complaint or petition.
  298         (2) When the plaintiff appeals a final judgment finding
  299  that an ordinance is valid and enforceable, the municipality may
  300  enforce the ordinance 30 days after the entry of the order
  301  unless the plaintiff files a motion for a stay of the lower
  302  tribunal’s order which is granted by the appellate court.
  303         (3) The court shall give cases in which the enforcement of
  304  an ordinance is suspended under this section priority over other
  305  pending cases and shall render a preliminary or final decision
  306  on the validity of the ordinance as expeditiously as possible.
  307         (4)The signature of an attorney or a party constitutes a
  308  certificate that he or she has read the pleading, motion, or
  309  other paper and that, to the best of his or her knowledge,
  310  information, and belief formed after reasonable inquiry, it is
  311  not interposed for any improper purpose, such as to harass or to
  312  cause unnecessary delay, or for economic advantage, competitive
  313  reasons, or frivolous purposes or needless increase in the cost
  314  of litigation. If a pleading, motion, or other paper is signed
  315  in violation of these requirements, the court, upon its own
  316  initiative, shall impose upon the person who signed it, a
  317  represented party, or both, an appropriate sanction, which may
  318  include an order to pay to the other party or parties the amount
  319  of reasonable expenses incurred because of the filing of the
  320  pleading, motion, or other paper, including reasonable attorney
  321  fees.
  322         (5) This section does not apply to local ordinances enacted
  323  to implement the following:
  324         (a)Part II of chapter 163;
  325         (b)Section 553.73;
  326         (c)Section 633.202;
  327         (d)Sections 190.005 and 190.046;
  328         (e)Ordinances required to comply with federal or state law
  329  or regulation;
  330         (f)Ordinances related to the issuance or refinancing of
  331  debt;
  332         (g)Ordinances related to the adoption of budgets or budget
  333  amendments;
  334         (h)Ordinances required to implement a contract or an
  335  agreement, including, but not limited to, any federal, state,
  336  local, or private grant, or other financial assistance accepted
  337  by a municipal government; or
  338         (i)Emergency ordinances.
  339         (6) The court may award attorney fees and costs and damages
  340  as provided in s. 57.112.
  341         Section 6. Subsection (5) of section 163.2517, Florida
  342  Statutes, is amended to read:
  343         163.2517 Designation of urban infill and redevelopment
  344  area.—
  345         (5) After the preparation of an urban infill and
  346  redevelopment plan or designation of an existing plan, the local
  347  government shall adopt the plan by ordinance. Notice for the
  348  public hearing on the ordinance must be in the form established
  349  in s. 166.041(3)(c)2. for municipalities, and s. 125.66(5)(b)2.
  350  s. 125.66(4)(b)2. for counties.
  351         Section 7. Paragraph (a) of subsection (3) of section
  352  163.3181, Florida Statutes, is amended to read:
  353         163.3181 Public participation in the comprehensive planning
  354  process; intent; alternative dispute resolution.—
  355         (3) A local government considering undertaking a publicly
  356  financed capital improvement project may elect to use the
  357  procedures set forth in this subsection for the purpose of
  358  allowing public participation in the decision and resolution of
  359  disputes. For purposes of this subsection, a publicly financed
  360  capital improvement project is a physical structure or
  361  structures, the funding for construction, operation, and
  362  maintenance of which is financed entirely from public funds.
  363         (a) Prior to the date of a public hearing on the decision
  364  on whether to proceed with the proposed project, the local
  365  government shall publish public notice of its intent to decide
  366  the issue according to the notice procedures described by s.
  367  125.66(5)(b)2. s. 125.66(4)(b)2. for a county or s.
  368  166.041(3)(c)2.b. for a municipality.
  369         Section 8. Paragraph (a) of subsection (4) of section
  370  163.3215, Florida Statutes, is amended to read:
  371         163.3215 Standing to enforce local comprehensive plans
  372  through development orders.—
  373         (4) If a local government elects to adopt or has adopted an
  374  ordinance establishing, at a minimum, the requirements listed in
  375  this subsection, the sole method by which an aggrieved and
  376  adversely affected party may challenge any decision of local
  377  government granting or denying an application for a development
  378  order, as defined in s. 163.3164, which materially alters the
  379  use or density or intensity of use on a particular piece of
  380  property, on the basis that it is not consistent with the
  381  comprehensive plan adopted under this part, is by an appeal
  382  filed by a petition for writ of certiorari filed in circuit
  383  court no later than 30 days following rendition of a development
  384  order or other written decision of the local government, or when
  385  all local administrative appeals, if any, are exhausted,
  386  whichever occurs later. An action for injunctive or other relief
  387  may be joined with the petition for certiorari. Principles of
  388  judicial or administrative res judicata and collateral estoppel
  389  apply to these proceedings. Minimum components of the local
  390  process are as follows:
  391         (a) The local process must make provision for notice of an
  392  application for a development order that materially alters the
  393  use or density or intensity of use on a particular piece of
  394  property, including notice by publication or mailed notice
  395  consistent with the provisions of ss. 125.66(5)(b)2. and 3. and
  396  166.041(3)(c)2.b. and c. ss. 125.66(4)(b)2. and 3. and
  397  166.041(3)(c)2.b. and c., and must require prominent posting at
  398  the job site. The notice must be given within 10 days after the
  399  filing of an application for a development order; however,
  400  notice under this subsection is not required for an application
  401  for a building permit or any other official action of local
  402  government which does not materially alter the use or density or
  403  intensity of use on a particular piece of property. The notice
  404  must clearly delineate that an aggrieved or adversely affected
  405  person has the right to request a quasi-judicial hearing before
  406  the local government for which the application is made, must
  407  explain the conditions precedent to the appeal of any
  408  development order ultimately rendered upon the application, and
  409  must specify the location where written procedures can be
  410  obtained that describe the process, including how to initiate
  411  the quasi-judicial process, the timeframes for initiating the
  412  process, and the location of the hearing. The process may
  413  include an opportunity for an alternative dispute resolution.
  414         Section 9. Paragraph (c) of subsection (1) of section
  415  376.80, Florida Statutes, is amended to read:
  416         376.80 Brownfield program administration process.—
  417         (1) The following general procedures apply to brownfield
  418  designations:
  419         (c) Except as otherwise provided, the following provisions
  420  apply to all proposed brownfield area designations:
  421         1. Notification to department following adoption.—A local
  422  government with jurisdiction over the brownfield area must
  423  notify the department, and, if applicable, the local pollution
  424  control program under s. 403.182, of its decision to designate a
  425  brownfield area for rehabilitation for the purposes of ss.
  426  376.77-376.86. The notification must include a resolution
  427  adopted by the local government body. The local government shall
  428  notify the department, and, if applicable, the local pollution
  429  control program under s. 403.182, of the designation within 30
  430  days after adoption of the resolution.
  431         2. Resolution adoption.—The brownfield area designation
  432  must be carried out by a resolution adopted by the
  433  jurisdictional local government, which includes a map adequate
  434  to clearly delineate exactly which parcels are to be included in
  435  the brownfield area or alternatively a less-detailed map
  436  accompanied by a detailed legal description of the brownfield
  437  area. For municipalities, the governing body shall adopt the
  438  resolution in accordance with the procedures outlined in s.
  439  166.041, except that the procedures for the public hearings on
  440  the proposed resolution must be in the form established in s.
  441  166.041(3)(c)2. For counties, the governing body shall adopt the
  442  resolution in accordance with the procedures outlined in s.
  443  125.66, except that the procedures for the public hearings on
  444  the proposed resolution shall be in the form established in s.
  445  125.66(5)(b) s. 125.66(4)(b).
  446         3. Right to be removed from proposed brownfield area.—If a
  447  property owner within the area proposed for designation by the
  448  local government requests in writing to have his or her property
  449  removed from the proposed designation, the local government
  450  shall grant the request.
  451         4. Notice and public hearing requirements for designation
  452  of a proposed brownfield area outside a redevelopment area or by
  453  a nongovernmental entity. Compliance with the following
  454  provisions is required before designation of a proposed
  455  brownfield area under paragraph (2)(a) or paragraph (2)(c):
  456         a. At least one of the required public hearings shall be
  457  conducted as closely as is reasonably practicable to the area to
  458  be designated to provide an opportunity for public input on the
  459  size of the area, the objectives for rehabilitation, job
  460  opportunities and economic developments anticipated,
  461  neighborhood residents’ considerations, and other relevant local
  462  concerns.
  463         b. Notice of a public hearing must be made in a newspaper
  464  of general circulation in the area, must be made in ethnic
  465  newspapers or local community bulletins, must be posted in the
  466  affected area, and must be announced at a scheduled meeting of
  467  the local governing body before the actual public hearing.
  468         Section 10. Paragraph (a) of subsection (3) of section
  469  497.270, Florida Statutes, is amended to read:
  470         497.270 Minimum acreage; sale or disposition of cemetery
  471  lands.—
  472         (3)(a) If the property to be sold, conveyed, or disposed of
  473  under subsection (2) has been or is being used for the permanent
  474  interment of human remains, the applicant for approval of such
  475  sale, conveyance, or disposition shall cause to be published, at
  476  least once a week for 4 consecutive weeks, a notice meeting the
  477  standards of publication set forth in s. 125.66(5)(b)2. s.
  478  125.66(4)(b)2. The notice shall describe the property in
  479  question and the proposed noncemetery use and shall advise
  480  substantially affected persons that they may file a written
  481  request for a hearing pursuant to chapter 120, within 14 days
  482  after the date of last publication of the notice, with the
  483  department if they object to granting the applicant’s request to
  484  sell, convey, or dispose of the subject property for noncemetery
  485  uses.
  486         Section 11. Paragraph (a) of subsection (2) of section
  487  562.45, Florida Statutes, is amended to read:
  488         562.45 Penalties for violating Beverage Law; local
  489  ordinances; prohibiting regulation of certain activities or
  490  business transactions; requiring nondiscriminatory treatment;
  491  providing exceptions.—
  492         (2)(a) Nothing contained in the Beverage Law shall be
  493  construed to affect or impair the power or right of any county
  494  or incorporated municipality of the state to enact ordinances
  495  regulating the hours of business and location of place of
  496  business, and prescribing sanitary regulations therefor, of any
  497  licensee under the Beverage Law within the county or corporate
  498  limits of such municipality. However, except for premises
  499  licensed on or before July 1, 1999, and except for locations
  500  that are licensed as restaurants, which derive at least 51
  501  percent of their gross revenues from the sale of food and
  502  nonalcoholic beverages, pursuant to chapter 509, a location for
  503  on-premises consumption of alcoholic beverages may not be
  504  located within 500 feet of the real property that comprises a
  505  public or private elementary school, middle school, or secondary
  506  school unless the county or municipality approves the location
  507  as promoting the public health, safety, and general welfare of
  508  the community under proceedings as provided in s. 125.66(5) s.
  509  125.66(4), for counties, and s. 166.041(3)(c), for
  510  municipalities. This restriction shall not, however, be
  511  construed to prohibit the issuance of temporary permits to
  512  certain nonprofit organizations as provided for in s. 561.422.
  513  The division may not issue a change in the series of a license
  514  or approve a change of a licensee’s location unless the licensee
  515  provides documentation of proper zoning from the appropriate
  516  county or municipal zoning authorities.
  517         Section 12. Subsection (1) of section 847.0134, Florida
  518  Statutes, is amended to read:
  519         847.0134 Prohibition of adult entertainment establishment
  520  that displays, sells, or distributes materials harmful to minors
  521  within 2,500 feet of a school.—
  522         (1) Except for those establishments that are legally
  523  operating or have been granted a permit from a local government
  524  to operate as adult entertainment establishments on or before
  525  July 1, 2001, an adult entertainment establishment that sells,
  526  rents, loans, distributes, transmits, shows, or exhibits any
  527  obscene material, as described in s. 847.0133, or presents live
  528  entertainment or a motion picture, slide, or other exhibit that,
  529  in whole or in part, depicts nudity, sexual conduct, sexual
  530  excitement, sexual battery, sexual bestiality, or
  531  sadomasochistic abuse and that is harmful to minors, as
  532  described in s. 847.001, may not be located within 2,500 feet of
  533  the real property that comprises a public or private elementary
  534  school, middle school, or secondary school unless the county or
  535  municipality approves the location under proceedings as provided
  536  in s. 125.66(5) s. 125.66(4) for counties or s. 166.041(3)(c)
  537  for municipalities.
  538         Section 13. The Legislature finds and declares that this
  539  act fulfills an important state interest.
  540         Section 14. This act shall take effect October 1, 2022.