CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit | 2011 U.S. App. LEXIS 6031, 2011 WL 1085629
...licensed to serve liquor. Florida state law also prohibits an adult business from locating within
2,500 feet of an elementary school, a middle school, or a secondary school unless given prior
approval by the relevant county or city government. Fla. Stat. § 847.0134(1).
6
We refer to the City’s various land use regulations for adult businesses as the “adult
zoning scheme.”
7
In the zoning context, “as of right” means that, provided the land owner meets all...
CopyCited 2 times | Published | District Court, M.D. Florida | 2004 U.S. Dist. LEXIS 12223, 2004 WL 1444723
...playground, or any other public or semipublic place of assembly where large numbers of minors regularly travel or congregate. (d) Distances shall be measured from property line to property line, without regard to the route of normal travel. Second, Section 847.0134, Florida Statutes, provides in pertinent part that "an adult entertainment establishment that ......
...may not be located within 2,500 feet of the real property that comprises a public or private elementary school, middle school, or secondary *1368 school unless the ... municipality approves the location under proceedings as provided in ... [section]
166.041(3)(c) ...." [10] A violation of Section
847.0134 constitutes a third-degree felony....
...hat would meet the distance requirements of the LDC. The Court disagrees for the same reasons set forth above in regard to subdivision of the Mason Avenue Sites. In addition, the Court reiterates its conclusion that the Flag-Shaped Lot runs afoul of Section 847.0134, Florida Statutes, which bars adult businesses from locating within 2,500 feet of a school unless the applicable government "approves the location" via proceedings meeting certain procedural requirements. The City argues that it met the requirements of Section 847.0134 for "approving" the Flag-Shaped Lot when it passed the ordinance permitting adult businesses in all BA Districts....
...However, this argument contradicts the plain language of the statute, which requires approval of a particular location rather than an entire district. In addition, the logical extension of the City's argument is that every zoning ordinance that permits adult uses would demonstrate the necessary "approval" and trump Section 847.0134; such an extension would effectively nullify that statute....
CopyPublished | Florida 1st District Court of Appeal
...In Murphy,
we held that dual convictions for soliciting a person believed to be a parent to
engage in sexual activity with his or her child under section
847.0135(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....
