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