847.0134
Prohibition of adult entertainment establishment that displays, sells, or distributes materials harmful to minors within 2,500 feet of a school.
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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, 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) for counties or s. 166.041(3)(c) for municipalities.
History.—s. 2, ch. 2001-177; s. 14, ch. 2023-309.
Notes of Decisions
Cited in 3
cases, 2004–2015 · leading case: Red-Eyed Jack, Inc. v. City of Daytona Beach
Red-Eyed Jack, Inc. v. City of Daytona Beach (2004)
“Second, Section 847.0134, Florida Statutes, provides in pertinent part that “an adult entertainment establishment that presents live entertainment or a motion picture, slide, or other exhibit that, in whole or in part, depicts nudity .”
Alan Lynsdale Hamilton v. State of Florida (2015)
“0135(3)(b), and traveling to meet a minor after soliciting a person believed to be his or her parent under section 847.0134(4)(b), do not amount to double jeopardy.”
Jacksonville Property Rights Ass'n v. City of Jacksonville (2011)
“Fla. Stat. § 847.0134 (1). 6 . We refer to the City’s various land use regulations for adult businesses as the "adult zoning scheme.”
— 847.0134(4)(b) — 1 case
Alan Lynsdale Hamilton v. State of Florida (2015)
“0135(3)(b), and traveling to meet a minor after soliciting a person believed to be his or her parent under section 847.0134(4)(b), do not amount to double jeopardy.”
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