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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. Page 1 of 2 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 1 Florida Senate - 2022 SB 280 By Senator Hutson 7-00478-22 2022280 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 Page 1 of 16 CODING: Words stricken are deletions; words underlined are additions. 4 Florida Senate - 2022 SB 280 2022280 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 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 Page 2 of 16 CODING: Words stricken are deletions; words underlined are additions. 5 Florida Senate - 2022 SB 280 7-00478-22 2022280 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 82 83 84 85 86 87 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 Page 3 of 16 CODING: Words stricken are deletions; words underlined are additions. 6 Florida Senate - 2022 SB 280 7-00478-22 2022280 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 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 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; Page 4 of 16 CODING: Words stricken are deletions; words underlined are additions. 7 Florida Senate - 2022 SB 280 7-00478-22 2022280 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 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 Page 5 of 16 CODING: Words stricken are deletions; words underlined are additions. 8 Florida Senate - 2022 SB 280 7-00478-22 2022280 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 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. Page 6 of 16 CODING: Words stricken are deletions; words underlined are additions. g Florid a Senate - 2022 SB 280 7-00478-22 2022280 175 176 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 Page 7 of 16 CODING: Words stricken are deletions; words underlined are additions. 10 Florida Senate - 2022 SB 280 7-00478-22 2022280 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 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 Page 8 of 16 CODING: Words stricken are deletions; words underlined are additions. 11 Florida Senate - 2022 SB 280 7-00478-22 2022280 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 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.- Page 9 of 16 CODING: Words stricken are deletions; words underlined are additions. 12 Florida Senate - 2022 SB 280 262 263 264 265 266 2 67 2 68 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 7-00478-22 2022280 (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 Page 10 of 16 CODING: Words stricken are deletions; words underlined are additions. 13 Florida Senate - 2022 SB 280 7-00478-22 2022280 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 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 Page 11 of 16 CODING: Words stricken are deletions; words underlined are additions. 14 Florida Senate - 2022 SB 280 7-00478-22 2022280 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 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 Page 12 of 16 CODING: Words stricken are deletions; words underlined are additions. 15 Florida Senate - 2022 SB 280 7-00478-22 2022280 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 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 Page 13 of 16 CODING: Words stricken are deletions; words underlined are additions. 16 Florida Senate - 2022 SB 280 7-00478-22 2022280 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 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 Page 14 of 16 CODING: Words stricken are deletions; words underlined are additions. 17 Florida Senate - 2022 SB 280 7-00478-22 2022280 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 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, Page 15 of 16 CODING: Words stricken are deletions; words underlined are additions. 18 Florid a Senate - 2022 SB 280 7-00478-22 2022280 436 437 438 439 440 441 442 443 444 445 446 447 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. Page 16 of 16 CODING: Words stricken are deletions; words underlined are additions. 19