LTC 034-2022 CITY OF SOUTH MIAMI RESOLUTION NO. 012-22-15765M IA M I BEACH
OFFICE OF THE CITY CLERK
No. 034-2022
LETTER TO COMMISSION
TO:
FROM:
DATE:
SUBJECT:
Mayor Dan Gelber and Members o~ ,Commission
Ratael E. Granado, cty cor /é/
January 28, 2022
CITY OF SOUTH MIAMI RESOLUTION NO. 012-22-15765
Attached for your information is Resolution No. 012-22-15765, adopted by the Mayor and City
Commission of City of South Miami on January 18, 2022.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, OPPOSING SENATE BILL 280.
The City of South Miami Clerk has requested that a copy of this Resolution be provided to the
Miami Beach Mayor and Commissioners.
If you have any questions, please contact the Office of the City Clerk at 305.673. 7 411.
REG/le
Attachment
F:\CLER\$ALL\LILIA\L TC's - Transmittal's\South Miami\Resolution 012-22-15765 City of South Miami.docx
RESOLUTION NO. 012-22-15765
A Resolution of the Mayor and City Commission of the City of South Miami,
Florida, opposing Senate Bill 280.
WHEREAS, Senate Bill 280 essentially blocks the enactment or enforcement of new
county and municipal ordinances when they are challenged; and
WHEREAS, SB 280 is an extreme overreach of state government and severely restricts
the authority of local government officials to protect the health, safety, and welfare of the
people they were sworn to protect; and
WHEREAS, the bill would give local businesses, and others, the ability to delay new
ordinances by suing and merely alleging, without proof or citation to any legal authority, that
the measure appears to be preempted by State law or the state Constitution, or merely alleging
that the ordinance is arbitrary or unreasonable, without any proof of the allegations; and
WHEREAS, SB 208 will allow a frivolous lawsuit to trigger an automatic court stay which
would prevent the ordinance from taking effect and cause harm to the health, safety, and
welfare of the people; and
WHEREAS, the bill does not provide for any consequence to the person challenging the
ordinance if the allegations are not proven and yet the person could hold up the enforcement
of ordinance and cause harm to the health, safety and welfare of businesses and the people
residing and working within the local government's jurisdiction; and
WHEREAS, the bill would require counties and municipalities to produce a complicated
and very expensive "business impact statement" before even making minor or clarifying
amendments to an ordinance and to suspend enforcement of the entire ordinance amid legal
challenges; and
WHEREAS, SB 280 will cause extensive delays in local elected officials carrying out the
duties they were elected to carry out by their constituents; and
WHEREAS, there is no language in the bill preventing individuals from filing suits for
frivolous purposes and the local government would be required to defend itself in the lawsuits
and pay substantial amounts of taxpayer dollars in attorney's fees and costs defending frivolous
lawsuits.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE
CITY OF SOUTH MIAMI, FLORIDA:
Section1. Th e foregoing recitals are hereby ratified an d confi rm ed as being true and
they are incorporated into this resolution by reference as if set forth in full herein.
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Res. No. 012-22-15765
Section 2. The Mayor and Commission for the City of South Miami hereby oppose
Senate Bill 280.
Section 3. Corrections. Conforming language or technical scrivener-type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final resolution for signature.
Section 4. Instructions to the City Clerk. The City Clerk is instructed to forward a copy
of this resolution to:
All municipalities in Miami-Dade County
Florida League of Cities;
Miami-Dade County League of Cities;
All members of the Miami-Dade Legislative Delegation;
All members of the Miami-Dade County Board of County Commissioners; and
Miami-Dade County Mayor
Section 5. Severability. If any section clause, sentence, or phrase of this resolution is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding will
not affect the validity of the remaining portions of this resolution.
Section 6. Effective Date. This resolution will become effective immediately upon
enactment.
PASSED AND ADOPTED this 18 day of January, 2022.
ATTEST:
±AS-y crrv cLER K
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY, AND
mwi9
COMMISSION VOTE: 5-0
Mayor Philips: Yea
Commissioner Corey: Yea
Commissioner Harris: Yea
Commissioner Liebman: Yea
Commissioner Gil: Yea
Page 2 of2
Agenda Item No:6.
City Commission Agenda Item Report
Meeting Date: January 18, 2022
Submitted by: Samantha Fraga-Lopez
Submitting Department: City Manager
Item Type: Resolution
Agenda Section:
Subject:
A Resolution of the Mayor and City Commission of the City of South Miami, Florida, opposing Senate Bill 280.
3/5 (Mayor Philips)
Suggested Action:
Attachments:
Reso_Opposi ng_Se nate _Bi 11 _280_ CA rev. doc
S8280.pdf
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Florida Senate - 2022 SB 280
By Senator Hutson
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A bill to be entitled
An act relating to local ordinances; amending s.
57.112, F.S.; authorizing courts to assess and award
attorney fees and costs and damages in certain civil
actions filed against local governments; providing
construction; amending s. 125.66, F.S.; requiring a
board of county commissioners to prepare a business
impact statement before the adoption of a proposed
ordinance; specifying requirements for the posting and
content of the statement; providing applicability;
creating s. 125.675, F.S.; requiring a county to
suspend enforcement of an ordinance that is the
subject of a certain legal action if certain
conditions are met; requiring courts to give priority
to certain cases; specifying factors a court must
consider in determining whether an ordinance is
arbitrary or unreasonable; providing applicability;
authorizing courts to award attorney fees and costs
under certain circumstances; amending s. 166.041,
F.S.; requiring a governing body of a municipality to
prepare a business impact statement before the
adoption of a proposed ordinance; specifying
requirements for the posting and content of the
statement; providing applicability; creating s.
166.0411, F.S.; requiring a municipality to suspend
enforcement of an ordinance that is the subject of a
certain legal action if certain conditions are met;
requiring courts to give priority to certain cases;
specifying factors a court must consider in
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7-00478-22
determining whether an ordinance is arbitrary or
unreasonable; providing applicability; authorizing
courts to award attorney fees and costs under certain
circumstances; amending ss. 163.2517, 163.3181,
163.3215, 376.80, 497.270, 562.45, and 847.0134, F.S.;
conforming cross-references; providing a declaration
of important state interest; providing an effective
date.
Be It Enacted by the Legislature of the State of Florida:
Section l. Section 57.112, Florida Statutes, is amended to
read:
57.112 Attorney fees and costs and damages; preempted local
actions.-
(1) As used in this section, the term "attorney fees and
costs" means the reasonable and necessary attorney fees and
costs incurred for all preparations, motions, hearings, trials,
and appeals in a proceeding.
(2) If a civil action is filed against a local government
to challenge the adoption or enforcement of a local ordinance on
the grounds that it is expressly preempted by the State
Constitution or by state law, the court shall assess and award
reasonable attorney fees and costs and damages to the prevailing
party.
(3) If a civil action is filed against a local government
to challenge the adoption or enforcement of a local ordinance on
the grounds that the ordinance is arbitrary or unreasonable, or
is prohibited by law other than via express preemption, the
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59 court may assess and award reasonable attorney fees and costs
60 and damages to the complainant if successful.
61 (A) Attorney fees and costs may not be awarded pursuant to
62 this section if:
63 (a) The governing body of a local governmental entity
64 receives written notice that an ordinance that has been publicly
65 noticed or adopted is expressly preempted by the State
66 Constitution or state law, is arbitrary or unreasonable, or is
67 otherwise prohibited by law; and
68 (b) The governing body of the local governmental entity
69 withdraws the proposed ordinance within 30 days; or, in the case
70 of an adopted ordinance, the governing body of a local
71 government notices an intent to repeal the ordinance within 30
72 days of receipt of the notice and repeals the ordinance within
73 30 days thereafter.
74 ill--f--4+ The provisions in this section are supplemental to
75 all other sanctions or remedies available under law or court
76 rule.
77(6)(5) This section does not apply to local ordinances
78 adopted pursuant to part II of chapter 163, s. 553.73, or s.
79 633.202.
80 (l)(6} Subsections (1), (2), (4), (5), and (6) are This
81 section is intended to be prospective in nature and shall apply
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only to cases commenced on or after July 1, 2019. Subsection (3)
is intended to be prospective in nature and applies only to
cases commenced on or after October 1, 2022.
Section 2. Present subsections (3) through (6) of section
125.66, Florida Statutes, are redesignated as subsections (4)
through (7), respectively, a new subsection (3) is added to that
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88 section, and paragraph (a) of subsection (2) of that section is
89 amended, to read:
90 125.66 Ordinances; enactment procedure; emergency
91 ordinances; rezoning or change of land use ordinances or
92 resolutions.-
93 (2) (a) The regular enactment procedure shall be as follows:
94 The board of county commissioners at any regular or special
95 meeting may enact or amend any ordinance, except as provided in
96, subsection ill -f-4+-, if notice of intent to consider such
97 ordinance is given at least 10 days before such meeting by
98 publication as provided in chapter 50. A copy of such notice
99 shall be kept available for public inspection during the regular
100 business hours of the office of the clerk of the board of county
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commissioners. The notice of proposed enactment shall state the
date, time, and place of the meeting; the title or titles of
proposed ordinances; and the place or places within the county
where such proposed ordinances may be inspected by the public.
The notice shall also advise that interested parties may appear
at the meeting and be heard with respect to the proposed
ordinance.
(3)(a) Before the adoption of each proposed ordinance, the
board of county commissioners shall prepare a business impact
statement in accordance with this subsection. The business
impact statement must be posted on the county's website on the
same day the notice of proposed enactment is published pursuant
to paragraph (2) (a) and must include:
l. A statement of the public purpose to be served by the
proposed ordinance, such as serving the public health, safety,
or welfare of the county;
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2. A statement of the reasonable connection between the
public purpose and the expected effects of the ordinance;
3. The estimated economic effect of the proposed ordinance
on businesses both within and outside the county, including both
adverse and beneficial effects and both direct and indirect
effects;
4. A good faith estimate of the number of businesses likely
to be affected by the ordinance;
5. An analysis of the extent to which the proposed
ordinance is likely to deter or encourage the formation of new
businesses within the county's jurisdiction;
6. An analysis of the extent to which the proposed
ordinance will impede the ability of businesses within the
county to compete with other businesses in other areas of this
state or other domestic markets;
7. If applicable, the scientific basis for the proposed
ordinance;
8. Alternatives considered by the county which would reduce
the impact of the proposed ordinance on businesses; and
9. Any additional information the board determines may be
useful.
(b) This subsection does not apply to an emergency
ordinance enacted pursuant to this section.
Section 3. Section 125.675, Florida Statutes, is created to
read:
125.675 Legal challenges to certain recently enacted
ordinances.-
(1) A county must suspend enforcement of an ordinance that
is the subject of an action, including appeals, challenging the
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ordinance's validity on the grounds that it is preempted by the
State Constitution or by state law, is arbitrary or
unreasonable, or is otherwise prohibited by law, if:
(a) The action was filed with the court no later than 20
days after the effective date of the ordinance;
(b) The plaintiff or petitioner requests suspension in the
initial complaint or petition, citing this section; and
(c) The county has been served with a copy of the complaint
or petition.
(2) The court shall give cases in which the enforcement of
an ordinance is suspended under this section priority over other
pending cases and shall render a preliminary or final decision
on the validity of the ordinance as expeditiously as possible.
(3) In determining whether an ordinance is arbitrary or
unreasonable, the court shall consider, but is not limited to,
the following factors:
(a) The extent to which the ordinance protects the health,
welfare, safety, and quality of life of the residents of the
county;
(b) The impact of the ordinance on the personal rights and
privileges of the residents of the county;
(c) The total economic impact of the ordinance; and
(d) The business impact statement prepared by the county as
required by s. 125.66(3).
(4) This section does not apply to an emergency ordinance
or an ordinance governed by part II of chapter 163, s. 553.73,
or s. 633.202.
(5) The court may award attorney fees and costs as provided
in s. 57.112.
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Section 4. Present subsections (4) through (8) of section
166.041, Florida Statutes, are redesignated as subsections (5)
177 through (9), respectively, and a new subsection (4) is added to
178 that section, to read:
179 166.041 Procedures for adoption of ordinances and
180 resolutions.-
181 (4) (a) Before the adoption of each proposed ordinance, the
182 governing body of a municipality shall prepare a business impact
183 statement in accordance with this subsection. The business
184 impact statement must be posted on the municipality's website on
185 the same day the notice of proposed enactment is published
186 pursuant to paragraph (3) (a) and must include:
187 l. A statement of the public purpose to be served by the
188 proposed ordinance, such as serving the public health, safety,
189 or welfare of the municipality;
190 2. A statement of the reasonable connection between the
191 public purpose and the expected effects of the ordinance;
192 3. The estimated economic effect of the proposed ordinance
193 on businesses both within and outside the municipality,
194 including both adverse and beneficial effects and both direct
195 and indirect effects;
196 4. A good faith estimate of the number of businesses likely
197 to be affected by the ordinance;
198 5. An analysis of the extent to which the proposed
199 ordinance is likely to deter or encourage the formation of new
200 businesses within the municipality's jurisdiction;
201 6. An analysis of the extent to which the proposed
202 ordinance will impede the ability of businesses within the
203 municipality to compete with other businesses in other areas of
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this state or other domestic markets;
7. If applicable, the scientific basis for the proposed
ordinance;
8. Alternatives considered by the municipality which would
reduce the impact of the proposed ordinance on businesses; and
9. Any additional information the governing body determines
may be useful.
(b) This subsection does not apply to an emergency
ordinance enacted pursuant to this section.
Section 5. Section 166.0411, Florida Statutes, is created
to read:
166.0411 Legal challenges to certain recently enacted
ordinances.
(1) A municipality must suspend enforcement of an ordinance
that is the subject of an action, including appeals, challenging
the ordinance's validity on the grounds that it is preempted by
the State Constitution or by state law, is arbitrary or
unreasonable, or is otherwise prohibited by law, if:
(a) The action was filed with the court no later than 20
days after the effective date of the ordinance;
(b) The plaintiff or petitioner requests suspension in the
initial complaint or petition, citing this section; and
(c) The municipality has been served with a copy of the
complaint or petition.
(2) The court shall give cases in which the enforcement of
an ordinance is suspended under this section priority over other
pending cases and shall render a preliminary or final decision
on the validity of the ordinance as expeditiously as possible.
(3) In determining whether an ordinance is arbitrary or
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unreasonable, the court shall consider, but is not limited to,
the following factors:
(a) The extent to which the ordinance protects the health,
welfare, safety, and quality of life of the residents of the
municipality;
(b) The impact of the ordinance on the personal rights and
privileges of the residents of the municipality;
(c) The total economic impact of the ordinance; and
(d) The business impact statement prepared by the
municipality as required by s. 166.041(4).
(4) This section does not apply to an emergency ordinance
or an ordinance governed by part II of chapter 163, s. 553.73,
or s. 633.202.
(5) The court may award attorney fees and costs as provided
in s. 57.112.
Section 6. Subsection (5) of section 163.2517, Florida
Statutes, is amended to read:
163.2517 Designation of urban infill and redevelopment
area.-
(5) After the preparation of an urban infill and
redevelopment plan or designation of an existing plan, the local
government shall adopt the plan by ordinance. Notice for the
public hearing on the ordinance must be in the form established
in s. 166.041(3) (c)2. for municipalities, and s. 125.66(5) (b)2.
s. 125. 66 ( 4) (b) 2. for counties.
Section 7. Paragraph (a) of subsection (3) of section
163.3181, Florida Statutes, is amended to read:
163.3181 Public participation in the comprehensive planning
process; intent; alternative dispute resolution.-
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(3) A local government considering undertaking a publicly
financed capital improvement project may elect to use the
procedures set forth in this subsection for the purpose of
allowing public participation in the decision and resolution of
disputes. For purposes of this subsection, a publicly financed
capital improvement project is a physical structure or
structures, the funding for construction, operation, and
maintenance of which is financed entirely from public funds.
(a) Prior to the date of a public hearing on the decision
on whether to proceed with the proposed project, the local
government shall publish public notice of its intent to decide
the issue according to the notice procedures described by s.
125.66(5) (b)2. s. 125.66(4 ) (b )2 . for a county or s.
166.041(3) (c)2.b. for a municipality.
Section 8. Paragraph (a) of subsection (4) of section
163.3215, Florida Statutes, is amended to read:
163.3215 Standing to enforce local comprehensive plans
through development orders.
(4) If a local government elects to adopt or has adopted an
ordinance establishing, at a minimum, the requirements listed in
this subsection, the sole method by which an aggrieved and
adversely affected party may challenge any decision of local
government granting or denying an application for a development
order, as defined in s. 163.3164, which materially alters the
use or density or intensity of use on a particular piece of
property, on the basis that it is not consistent with the
comprehensive plan adopted under this part, is by an appeal
filed by a petition for writ of certiorari filed in circuit
court no later than 30 days following rendition of a development
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order or other written decision of the local government, or when
all local administrative appeals, if any, are exhausted,
whichever occurs later. An action for injunctive or other relief
may be joined with the petition for certiorari. Principles of
judicial or administrative res judicata and collateral estoppel
apply to these proceedings. Minimum components of the local
process are as follows:
(a) The local process must make provision for notice of an
application for a development order that materially alters the
use or density or intensity of use on a particular piece of
property, including notice by publication or mailed notice
consistent with the provisions of ss. 125. 66 (5)(b)2. and 3. and
166.041(3) (c)2.b. and c. ss. 125.66(4) (b)2. and 3. and
166.041(3) (e)2.b. and e., and must require prominent posting at
the job site. The notice must be given within 10 days after the
filing of an application for a development order; however,
notice under this subsection is not required for an application
for a building permit or any other official action of local
government which does not materially alter the use or density or
intensity of use on a particular piece of property. The notice
must clearly delineate that an aggrieved or adversely affected
person has the right to request a quasi-judicial hearing before
the local government for which the application is made, must
explain the conditions precedent to the appeal of any
development order ultimately rendered upon the application, and
must specify the location where written procedures can be
obtained that describe the process, including how to initiate
the quasi-judicial process, the timeframes for initiating the
process, and the location of the hearing. The process may
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include an opportunity for an alternative dispute resolution.
Section 9. Paragraph (c) of subsection (1) of section
376.80, Florida Statutes, is amended to read:
376.80 Brownfield program administration process.-
(1) The following general procedures apply to brownfield
designations:
(c) Except as otherwise provided, the following provisions
apply to all proposed brownfield area designations:
l. Notification to department following adoption.-A local
government with jurisdiction over the brownfield area must
notify the department, and, if applicable, the local pollution
control program under s. 403.182, of its decision to designate a
brownfield area for rehabilitation for the purposes of ss.
376.77-376.86. The notification must include a resolution
adopted by the local government body. The local government shall
notify the department, and, if applicable, the local pollution
control program under s. 403.182, of the designation within 30
days after adoption of the resolution.
2. Resolution adoption.-The brownfield area designation
must be carried out by a resolution adopted by the
jurisdictional local government, which includes a map adequate
to clearly delineate exactly which parcels are to be included in
the brownfield area or alternatively a less-detailed map
accompanied by a detailed legal description of the brownfield
area. For municipalities, the governing body shall adopt the
resolution in accordance with the procedures outlined in s.
166.041, except that the procedures for the public hearings on
the proposed resolution must be in the form established in s.
166.041(3)(c)2. For counties, the governing body shall adopt the
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resolution in accordance with the procedures outlined in s.
125.66, except that the procedures for the public hearings on
the proposed resolution shall be in the form established in s.
125.66(5) (b) s. 125.66(4) (b).
3. Right to be removed from proposed brownfield area.-If a
property owner within the area proposed for designation by the
local government requests in writing to have his or her property
removed from the proposed designation, the local government
shall grant the request.
4. Notice and public hearing requirements for designation
of a proposed brownfield area outside a redevelopment area or by
a nongovernmental entity. Compliance with the following
provisions is required before designation of a proposed
brownfield area under paragraph (2) (a) or paragraph (2)(c):
a. At least one of the required public hearings shall be
conducted as closely as is reasonably practicable to the area to
be designated to provide an opportunity for public input on the
size of the area, the objectives for rehabilitation, job
opportunities and economic developments anticipated,
neighborhood residents' considerations, and other relevant local
concerns.
b. Notice of a public hearing must be made in a newspaper
of general circulation in the area, must be made in ethnic
newspapers or local community bulletins, must be posted in the
affected area, and must be announced at a scheduled meeting of
the local governing body before the actual public hearing.
Section 10. Paragraph (a) of subsection (3) of section
497.270, Florida Statutes, is amended to read:
497.270 Minimum acreage; sale or disposition of cemetery
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lands.-
(3) (a) If the property to be sold, conveyed, or disposed of
under subsection (2) has been or is being used for the permanent
interment of human remains, the applicant for approval of such
sale, conveyance, or disposition shall cause to be published, at
least once a week for 4 consecutive weeks, a notice meeting the
standards of publication set forth in s. 125.66(5) (b)2. s.
125.66(4) (b)2. The notice shall describe the property in
question and the proposed noncemetery use and shall advise
substantially affected persons that they may file a written
request for a hearing pursuant to chapter 120, within 14 days
after the date of last publication of the notice, with the
department if they object to granting the applicant's request to
sell, convey, or dispose of the subject property for noncemetery
uses.
Section 11. Paragraph (a) of subsection (2) of section
562.45, Florida Statutes, is amended to read:
562.45 Penalties for violating Beverage Law; local
ordinances; prohibiting regulation of certain activities or
business transactions; requiring nondiscriminatory treatment;
providing exceptions.
(2) (a) Nothing contained in the Beverage Law shall be
construed to affect or impair the power or right of any county
or incorporated municipality of the state to enact ordinances
regulating the hours of business and location of place of
business, and prescribing sanitary regulations therefor, of any
licensee under the Beverage Law within the county or corporate
limits of such municipality. However, except for premises
licensed on or before July 1, 1999, and except for locations
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that are licensed as restaurants, which derive at least 51
percent of their gross revenues from the sale of food and
nonalcoholic beverages, pursuant to chapter 509, a location for
on-premises consumption of alcoholic beverages may not be
located within 500 feet of the real property that comprises a
public or private elementary school, middle school, or secondary
school unless the county or municipality approves the location
as promoting the public health, safety, and general welfare of
the community under proceedings as provided in s. 125.66(5) s.
125.66(4), for counties, and s. 166.041(3) (c), for
municipalities. This restriction shall not, however, be
construed to prohibit the issuance of temporary permits to
certain nonprofit organizations as provided for in s. 561.422.
The division may not issue a change in the series of a license
or approve a change of a licensee's location unless the licensee
provides documentation of proper zoning from the appropriate
county or municipal zoning authorities.
Section 12. Subsection (1) of section 847.0134, Florida
Statutes, is amended to read:
847.0134 Prohibition of adult entertainment establishment
that displays, sells, or distributes materials harmful to minors
within 2,500 feet of a school.-
(1) Except for those establishments that are legally
operating or have been granted a permit from a local government
to operate as adult entertainment establishments on or before
July 1, 2001, an adult entertainment establishment that sells,
rents, loans, distributes, transmits, shows, or exhibits any
obscene material, as described in s. 847.0133, or presents live
entertainment or a motion picture, slide, or other exhibit that,
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in whole or in part, depicts nudity, sexual conduct, sexual
excitement, sexual battery, sexual bestiality, or
sadomasochistic abuse and that is harmful to minors, as
described in s. 847.001, may not be located within 2,500 feet of
the real property that comprises a public or private elementary
school, middle school, or secondary school unless the county or
municipality approves the location under proceedings as provided
in s. 125.66(5) s. 125.66(4) for counties or s. 166.041(3) (c)
for municipalities.
Section 13. The Legislature finds and declares that this
act fulfills an important state interest.
Section 14. This act shall take effect October 1, 2022.
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