Res No 012-22-15765RESOLUTION 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 governmenfs jurisdiction; and
WHEREAS} the bill would require counties and municipalities to produce a complicated
and very expensive "business impact statementJl 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:
Section 1. The foregoing recitals are hereby ratified and confirmed as being true and
they are incorporated into this resolution by reference as if set forth in full herein.
Page 1 of2
Res. No . 012-22-15765
Section 2. The Mayor and Commission for the City of So uth Miami hereby oppose
Senate Bill 280.
Section 3. Corrections. Conforming l anguage or technical scrivener-type corrections
may be made by the City Attorney for any confo rming amendments to be incorporated into th e
final resolution for signature.
Section 4. Instructions to the City Clerk. The City Clerk is instructed to forward a copy
ofthis 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;
A ll members of the M i ami-Dade County Board of County Commissioners; and
Miami-Dade County Mayor
Section 5. Severability. If any sect ion clause, sentence, or phrase of this resolution i s for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding will
not affect the validity ofthe remaining portions of this resolution.
Section 6. Effective Date. This resolution wi ll become effective immediately upon
enactment.
PASSED AND ADOPTED this 18th day of January, 2022.
CITY Cbl:RK '
COMMISS ION VOTE: 5-0
Mayor Philips: Yea
EXEC U Commissioner Co re y : Yea
Commissioner Harris: Yea
Commissioner Li ebman: 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_Opposing_Senate_Bill_280_CArev.doc
SB280.pdf
1
Florida Senate - 2022 SB 280
By Senator Hutson
7-00478-22 2022280__
Page 1 of 16
CODING: Words stricken are deletions; words underlined are additions.
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
attorney fees and costs and damages in certain civil 4
actions filed against local governments; providing 5
construction; amending s. 125.66, F.S.; requiring a 6
board of county commissioners to prepare a business 7
impact statement before the adoption of a proposed 8
ordinance; specifying requirements for the posting and 9
content of the statement; providing applicability; 10
creating s. 125.675, F.S.; requiring a county to 11
suspend enforcement of an ordinance that is the 12
subject of a certain legal action if certain 13
conditions are met; requiring courts to give priority 14
to certain cases; specifying factors a court must 15
consider in determining whether an ordinance is 16
arbitrary or unreasonable; providing applicability; 17
authorizing courts to award attorney fees and costs 18
under certain circumstances; amending s. 166.041, 19
F.S.; requiring a governing body of a municipality to 20
prepare a business impact statement before the 21
adoption of a proposed ordinance; specifying 22
requirements for the posting and content of the 23
statement; providing applicability; creating s. 24
166.0411, F.S.; requiring a municipality to suspend 25
enforcement of an ordinance that is the subject of a 26
certain legal action if certain conditions are met; 27
requiring courts to give priority to certain cases; 28
specifying factors a court must consider in 29
4
Florida Senate - 2022 SB 280
7-00478-22 2022280__
Page 2 of 16
CODING: Words stricken are deletions; words underlined are additions.
determining whether an ordinance is arbitrary or 30
unreasonable; providing applicability; authorizing 31
courts to award attorney fees and costs under certain 32
circumstances; amending ss. 163.2517, 163.3181, 33
163.3215, 376.80, 497.270, 562.45, and 847.0134, F.S.; 34
conforming cross-references; providing a declaration 35
of important state interest; providing an effective 36
date. 37
38
Be It Enacted by the Legislature of the State of Florida: 39
40
Section 1. Section 57.112, Florida Statutes, is amended to 41
read: 42
57.112 Attorney fees and costs and damages; preempted local 43
actions.— 44
(1) As used in this section, the term “attorney fees and 45
costs” means the reasonable and necessary attorney fees and 46
costs incurred for all preparations, motions, hearings, trials, 47
and appeals in a proceeding. 48
(2) If a civil action is filed against a local government 49
to challenge the adoption or enforcement of a local ordinance on 50
the grounds that it is expressly preempted by the State 51
Constitution or by state law, the court shall assess and award 52
reasonable attorney fees and costs and damages to the prevailing 53
party. 54
(3) If a civil action is filed against a local government 55
to challenge the adoption or enforcement of a local ordinance on 56
the grounds that the ordinance is arbitrary or unreasonable, or 57
is prohibited by law other than via express preemption, the 58
5
Florida Senate - 2022 SB 280
7-00478-22 2022280__
Page 3 of 16
CODING: Words stricken are deletions; words underlined are additions.
court may assess and award reasonable attorney fees and costs 59
and damages to the complainant if successful. 60
(4) Attorney fees and costs may not be awarded pursuant to 61
this section if: 62
(a) The governing body of a local governmental entity 63
receives written notice that an ordinance that has been publicly 64
noticed or adopted is expressly preempted by the State 65
Constitution or state law, is arbitrary or unreasonable, or is 66
otherwise prohibited by law; and 67
(b) The governing body of the local governmental entity 68
withdraws the proposed ordinance within 30 days; or, in the case 69
of an adopted ordinance, the governing body of a local 70
government notices an intent to repeal the ordinance within 30 71
days of receipt of the notice and repeals the ordinance within 72
30 days thereafter. 73
(5)(4) The provisions in this section are supplemental to 74
all other sanctions or remedies available under law or court 75
rule. 76
(6)(5) This section does not apply to local ordinances 77
adopted pursuant to part II of chapter 163, s. 553.73, or s. 78
633.202. 79
(7)(6) Subsections (1), (2), (4), (5), and (6) are This 80
section is intended to be prospective in nature and shall apply 81
only to cases commenced on or after July 1, 2019. Subsection (3) 82
is intended to be prospective in nature and applies only to 83
cases commenced on or after October 1, 2022. 84
Section 2. Present subsections (3) through (6) of section 85
125.66, Florida Statutes, are redesignated as subsections (4) 86
through (7), respectively, a new subsection (3) is added to that 87
6
Florida Senate - 2022 SB 280
7-00478-22 2022280__
Page 4 of 16
CODING: Words stricken are deletions; words underlined are additions.
section, and paragraph (a) of subsection (2) of that section is 88
amended, to read: 89
125.66 Ordinances; enactment procedure; emergency 90
ordinances; rezoning or change of land use ordinances or 91
resolutions.— 92
(2)(a) The regular enactment procedure shall be as follows: 93
The board of county commissioners at any regular or special 94
meeting may enact or amend any ordinance, except as provided in 95
subsection (5) (4), if notice of intent to consider such 96
ordinance is given at least 10 days before such meeting by 97
publication as provided in chapter 50. A copy of such notice 98
shall be kept available for public inspection during the regular 99
business hours of the office of the clerk of the board of county 100
commissioners. The notice of proposed enactment shall state the 101
date, time, and place of the meeting; the title or titles of 102
proposed ordinances; and the place or places within the county 103
where such proposed ordinances may be inspected by the public. 104
The notice shall also advise that interested parties may appear 105
at the meeting and be heard with respect to the proposed 106
ordinance. 107
(3)(a) Before the adoption of each proposed ordinance, the 108
board of county commissioners shall prepare a business impact 109
statement in accordance with this subsection. The business 110
impact statement must be posted on the county’s website on the 111
same day the notice of proposed enactment is published pursuant 112
to paragraph (2)(a) and must include: 113
1. A statement of the public purpose to be served by the 114
proposed ordinance, such as serving the public health, safety, 115
or welfare of the county; 116
7
Florida Senate - 2022 SB 280
7-00478-22 2022280__
Page 5 of 16
CODING: Words stricken are deletions; words underlined are additions.
2. A statement of the reasonable connection between the 117
public purpose and the expected effects of the ordinance; 118
3. The estimated economic effect of the proposed ordinance 119
on businesses both within and outside the county, including both 120
adverse and beneficial effects and both direct and indirect 121
effects; 122
4. A good faith estimate of the number of businesses likely 123
to be affected by the ordinance; 124
5. An analysis of the extent to which the proposed 125
ordinance is likely to deter or encourage the formation of new 126
businesses within the county’s jurisdiction; 127
6. An analysis of the extent to which the proposed 128
ordinance will impede the ability of businesses within the 129
county to compete with other businesses in other areas of this 130
state or other domestic markets; 131
7. If applicable, the scientific basis for the proposed 132
ordinance; 133
8. Alternatives considered by the county which would reduce 134
the impact of the proposed ordinance on businesses; and 135
9. Any additional information the board determines may be 136
useful. 137
(b) This subsection does not apply to an emergency 138
ordinance enacted pursuant to this section. 139
Section 3. Section 125.675, Florida Statutes, is created to 140
read: 141
125.675 Legal challenges to certain recently enacted 142
ordinances.— 143
(1) A county must suspend enforcement of an ordinance that 144
is the subject of an action, including appeals, challenging the 145
8
Florida Senate - 2022 SB 280
7-00478-22 2022280__
Page 6 of 16
CODING: Words stricken are deletions; words underlined are additions.
ordinance’s validity on the grounds that it is preempted by the 146
State Constitution or by state law, is arbitrary or 147
unreasonable, or is otherwise prohibited by law, if: 148
(a) The action was filed with the court no later than 20 149
days after the effective date of the ordinance; 150
(b) The plaintiff or petitioner requests suspension in the 151
initial complaint or petition, citing this section; and 152
(c) The county has been served with a copy of the complaint 153
or petition. 154
(2) The court shall give cases in which the enforcement of 155
an ordinance is suspended under this section priority over other 156
pending cases and shall render a preliminary or final decision 157
on the validity of the ordinance as expeditiously as possible. 158
(3) In determining whether an ordinance is arbitrary or 159
unreasonable, the court shall consider, but is not limited to, 160
the following factors: 161
(a) The extent to which the ordinance protects the health, 162
welfare, safety, and quality of life of the residents of the 163
county; 164
(b) The impact of the ordinance on the personal rights and 165
privileges of the residents of the county; 166
(c) The total economic impact of the ordinance; and 167
(d) The business impact statement prepared by the county as 168
required by s. 125.66(3). 169
(4) This section does not apply to an emergency ordinance 170
or an ordinance governed by part II of chapter 163, s. 553.73, 171
or s. 633.202. 172
(5) The court may award attorney fees and costs as provided 173
in s. 57.112. 174
9
Florida Senate - 2022 SB 280
7-00478-22 2022280__
Page 7 of 16
CODING: Words stricken are deletions; words underlined are additions.
Section 4. Present subsections (4) through (8) of section 175
166.041, Florida Statutes, are redesignated as subsections (5) 176
through (9), respectively, and a new subsection (4) is added to 177
that section, to read: 178
166.041 Procedures for adoption of ordinances and 179
resolutions.— 180
(4)(a) Before the adoption of each proposed ordinance, the 181
governing body of a municipality shall prepare a business impact 182
statement in accordance with this subsection. The business 183
impact statement must be posted on the municipality’s website on 184
the same day the notice of proposed enactment is published 185
pursuant to paragraph (3)(a) and must include: 186
1. A statement of the public purpose to be served by the 187
proposed ordinance, such as serving the public health, safety, 188
or welfare of the municipality; 189
2. A statement of the reasonable connection between the 190
public purpose and the expected effects of the ordinance; 191
3. The estimated economic effect of the proposed ordinance 192
on businesses both within and outside the municipality, 193
including both adverse and beneficial effects and both direct 194
and indirect effects; 195
4. A good faith estimate of the number of businesses likely 196
to be affected by the ordinance; 197
5. An analysis of the extent to which the proposed 198
ordinance is likely to deter or encourage the formation of new 199
businesses within the municipality’s jurisdiction; 200
6. An analysis of the extent to which the proposed 201
ordinance will impede the ability of businesses within the 202
municipality to compete with other businesses in other areas of 203
10
Florida Senate - 2022 SB 280
7-00478-22 2022280__
Page 8 of 16
CODING: Words stricken are deletions; words underlined are additions.
this state or other domestic markets; 204
7. If applicable, the scientific basis for the proposed 205
ordinance; 206
8. Alternatives considered by the municipality which would 207
reduce the impact of the proposed ordinance on businesses; and 208
9. Any additional information the governing body determines 209
may be useful. 210
(b) This subsection does not apply to an emergency 211
ordinance enacted pursuant to this section. 212
Section 5. Section 166.0411, Florida Statutes, is created 213
to read: 214
166.0411 Legal challenges to certain recently enacted 215
ordinances.— 216
(1) A municipality must suspend enforcement of an ordinance 217
that is the subject of an action, including appeals, challenging 218
the ordinance’s validity on the grounds that it is preempted by 219
the State Constitution or by state law, is arbitrary or 220
unreasonable, or is otherwise prohibited by law, if: 221
(a) The action was filed with the court no later than 20 222
days after the effective date of the ordinance; 223
(b) The plaintiff or petitioner requests suspension in the 224
initial complaint or petition, citing this section; and 225
(c) The municipality has been served with a copy of the 226
complaint or petition. 227
(2) The court shall give cases in which the enforcement of 228
an ordinance is suspended under this section priority over other 229
pending cases and shall render a preliminary or final decision 230
on the validity of the ordinance as expeditiously as possible. 231
(3) In determining whether an ordinance is arbitrary or 232
11
Florida Senate - 2022 SB 280
7-00478-22 2022280__
Page 9 of 16
CODING: Words stricken are deletions; words underlined are additions.
unreasonable, the court shall consider, but is not limited to, 233
the following factors: 234
(a) The extent to which the ordinance protects the health, 235
welfare, safety, and quality of life of the residents of the 236
municipality; 237
(b) The impact of the ordinance on the personal rights and 238
privileges of the residents of the municipality; 239
(c) The total economic impact of the ordinance; and 240
(d) The business impact statement prepared by the 241
municipality as required by s. 166.041(4). 242
(4) This section does not apply to an emergency ordinance 243
or an ordinance governed by part II of chapter 163, s. 553.73, 244
or s. 633.202. 245
(5) The court may award attorney fees and costs as provided 246
in s. 57.112. 247
Section 6. Subsection (5) of section 163.2517, Florida 248
Statutes, is amended to read: 249
163.2517 Designation of urban infill and redevelopment 250
area.— 251
(5) After the preparation of an urban infill and 252
redevelopment plan or designation of an existing plan, the local 253
government shall adopt the plan by ordinance. Notice for the 254
public hearing on the ordinance must be in the form established 255
in s. 166.041(3)(c)2. for municipalities, and s. 125.66(5)(b)2. 256
s. 125.66(4)(b)2. for counties. 257
Section 7. Paragraph (a) of subsection (3) of section 258
163.3181, Florida Statutes, is amended to read: 259
163.3181 Public participation in the comprehensive planning 260
process; intent; alternative dispute resolution.— 261
12
Florida Senate - 2022 SB 280
7-00478-22 2022280__
Page 10 of 16
CODING: Words stricken are deletions; words underlined are additions.
(3) A local government considering undertaking a publicly 262
financed capital improvement project may elect to use the 263
procedures set forth in this subsection for the purpose of 264
allowing public participation in the decision and resolution of 265
disputes. For purposes of this subsection, a publicly financed 266
capital improvement project is a physical structure or 267
structures, the funding for construction, operation, and 268
maintenance of which is financed entirely from public funds. 269
(a) Prior to the date of a public hearing on the decision 270
on whether to proceed with the proposed project, the local 271
government shall publish public notice of its intent to decide 272
the issue according to the notice procedures described by s. 273
125.66(5)(b)2. s. 125.66(4)(b)2. for a county or s. 274
166.041(3)(c)2.b. for a municipality. 275
Section 8. Paragraph (a) of subsection (4) of section 276
163.3215, Florida Statutes, is amended to read: 277
163.3215 Standing to enforce local comprehensive plans 278
through development orders.— 279
(4) If a local government elects to adopt or has adopted an 280
ordinance establishing, at a minimum, the requirements listed in 281
this subsection, the sole method by which an aggrieved and 282
adversely affected party may challenge any decision of local 283
government granting or denying an application for a development 284
order, as defined in s. 163.3164, which materially alters the 285
use or density or intensity of use on a particular piece of 286
property, on the basis that it is not consistent with the 287
comprehensive plan adopted under this part, is by an appeal 288
filed by a petition for writ of certiorari filed in circuit 289
court no later than 30 days following rendition of a development 290
13
Florida Senate - 2022 SB 280
7-00478-22 2022280__
Page 11 of 16
CODING: Words stricken are deletions; words underlined are additions.
order or other written decision of the local government, or when 291
all local administrative appeals, if any, are exhausted, 292
whichever occurs later. An action for injunctive or other relief 293
may be joined with the petition for certiorari. Principles of 294
judicial or administrative res judicata and collateral estoppel 295
apply to these proceedings. Minimum components of the local 296
process are as follows: 297
(a) The local process must make provision for notice of an 298
application for a development order that materially alters the 299
use or density or intensity of use on a particular piece of 300
property, including notice by publication or mailed notice 301
consistent with the provisions of ss. 125.66(5)(b)2. and 3. and 302
166.041(3)(c)2.b. and c. ss. 125.66(4)(b)2. and 3. and 303
166.041(3)(c)2.b. and c., and must require prominent posting at 304
the job site. The notice must be given within 10 days after the 305
filing of an application for a development order; however, 306
notice under this subsection is not required for an application 307
for a building permit or any other official action of local 308
government which does not materially alter the use or density or 309
intensity of use on a particular piece of property. The notice 310
must clearly delineate that an aggrieved or adversely affected 311
person has the right to request a quasi-judicial hearing before 312
the local government for which the application is made, must 313
explain the conditions precedent to the appeal of any 314
development order ultimately rendered upon the application, and 315
must specify the location where written procedures can be 316
obtained that describe the process, including how to initiate 317
the quasi-judicial process, the timeframes for initiating the 318
process, and the location of the hearing. The process may 319
14
Florida Senate - 2022 SB 280
7-00478-22 2022280__
Page 12 of 16
CODING: Words stricken are deletions; words underlined are additions.
include an opportunity for an alternative dispute resolution. 320
Section 9. Paragraph (c) of subsection (1) of section 321
376.80, Florida Statutes, is amended to read: 322
376.80 Brownfield program administration process.— 323
(1) The following general procedures apply to brownfield 324
designations: 325
(c) Except as otherwise provided, the following provisions 326
apply to all proposed brownfield area designations: 327
1. Notification to department following adoption.—A local 328
government with jurisdiction over the brownfield area must 329
notify the department, and, if applicable, the local pollution 330
control program under s. 403.182, of its decision to designate a 331
brownfield area for rehabilitation for the purposes of ss. 332
376.77-376.86. The notification must include a resolution 333
adopted by the local government body. The local government shall 334
notify the department, and, if applicable, the local pollution 335
control program under s. 403.182, of the designation within 30 336
days after adoption of the resolution. 337
2. Resolution adoption.—The brownfield area designation 338
must be carried out by a resolution adopted by the 339
jurisdictional local government, which includes a map adequate 340
to clearly delineate exactly which parcels are to be included in 341
the brownfield area or alternatively a less-detailed map 342
accompanied by a detailed legal description of the brownfield 343
area. For municipalities, the governing body shall adopt the 344
resolution in accordance with the procedures outlined in s. 345
166.041, except that the procedures for the public hearings on 346
the proposed resolution must be in the form established in s. 347
166.041(3)(c)2. For counties, the governing body shall adopt the 348
15
Florida Senate - 2022 SB 280
7-00478-22 2022280__
Page 13 of 16
CODING: Words stricken are deletions; words underlined are additions.
resolution in accordance with the procedures outlined in s. 349
125.66, except that the procedures for the public hearings on 350
the proposed resolution shall be in the form established in s. 351
125.66(5)(b) s. 125.66(4)(b). 352
3. Right to be removed from proposed brownfield area.—If a 353
property owner within the area proposed for designation by the 354
local government requests in writing to have his or her property 355
removed from the proposed designation, the local government 356
shall grant the request. 357
4. Notice and public hearing requirements for designation 358
of a proposed brownfield area outside a redevelopment area or by 359
a nongovernmental entity. Compliance with the following 360
provisions is required before designation of a proposed 361
brownfield area under paragraph (2)(a) or paragraph (2)(c): 362
a. At least one of the required public hearings shall be 363
conducted as closely as is reasonably practicable to the area to 364
be designated to provide an opportunity for public input on the 365
size of the area, the objectives for rehabilitation, job 366
opportunities and economic developments anticipated, 367
neighborhood residents’ considerations, and other relevant local 368
concerns. 369
b. Notice of a public hearing must be made in a newspaper 370
of general circulation in the area, must be made in ethnic 371
newspapers or local community bulletins, must be posted in the 372
affected area, and must be announced at a scheduled meeting of 373
the local governing body before the actual public hearing. 374
Section 10. Paragraph (a) of subsection (3) of section 375
497.270, Florida Statutes, is amended to read: 376
497.270 Minimum acreage; sale or disposition of cemetery 377
16
Florida Senate - 2022 SB 280
7-00478-22 2022280__
Page 14 of 16
CODING: Words stricken are deletions; words underlined are additions.
lands.— 378
(3)(a) If the property to be sold, conveyed, or disposed of 379
under subsection (2) has been or is being used for the permanent 380
interment of human remains, the applicant for approval of such 381
sale, conveyance, or disposition shall cause to be published, at 382
least once a week for 4 consecutive weeks, a notice meeting the 383
standards of publication set forth in s. 125.66(5)(b)2. s. 384
125.66(4)(b)2. The notice shall describe the property in 385
question and the proposed noncemetery use and shall advise 386
substantially affected persons that they may file a written 387
request for a hearing pursuant to chapter 120, within 14 days 388
after the date of last publication of the notice, with the 389
department if they object to granting the applicant’s request to 390
sell, convey, or dispose of the subject property for noncemetery 391
uses. 392
Section 11. Paragraph (a) of subsection (2) of section 393
562.45, Florida Statutes, is amended to read: 394
562.45 Penalties for violating Beverage Law; local 395
ordinances; prohibiting regulation of certain activities or 396
business transactions; requiring nondiscriminatory treatment; 397
providing exceptions.— 398
(2)(a) Nothing contained in the Beverage Law shall be 399
construed to affect or impair the power or right of any county 400
or incorporated municipality of the state to enact ordinances 401
regulating the hours of business and location of place of 402
business, and prescribing sanitary regulations therefor, of any 403
licensee under the Beverage Law within the county or corporate 404
limits of such municipality. However, except for premises 405
licensed on or before July 1, 1999, and except for locations 406
17
Florida Senate - 2022 SB 280
7-00478-22 2022280__
Page 15 of 16
CODING: Words stricken are deletions; words underlined are additions.
that are licensed as restaurants, which derive at least 51 407
percent of their gross revenues from the sale of food and 408
nonalcoholic beverages, pursuant to chapter 509, a location for 409
on-premises consumption of alcoholic beverages may not be 410
located within 500 feet of the real property that comprises a 411
public or private elementary school, middle school, or secondary 412
school unless the county or municipality approves the location 413
as promoting the public health, safety, and general welfare of 414
the community under proceedings as provided in s. 125.66(5) s. 415
125.66(4), for counties, and s. 166.041(3)(c), for 416
municipalities. This restriction shall not, however, be 417
construed to prohibit the issuance of temporary permits to 418
certain nonprofit organizations as provided for in s. 561.422. 419
The division may not issue a change in the series of a license 420
or approve a change of a licensee’s location unless the licensee 421
provides documentation of proper zoning from the appropriate 422
county or municipal zoning authorities. 423
Section 12. Subsection (1) of section 847.0134, Florida 424
Statutes, is amended to read: 425
847.0134 Prohibition of adult entertainment establishment 426
that displays, sells, or distributes materials harmful to minors 427
within 2,500 feet of a school.— 428
(1) Except for those establishments that are legally 429
operating or have been granted a permit from a local government 430
to operate as adult entertainment establishments on or before 431
July 1, 2001, an adult entertainment establishment that sells, 432
rents, loans, distributes, transmits, shows, or exhibits any 433
obscene material, as described in s. 847.0133, or presents live 434
entertainment or a motion picture, slide, or other exhibit that, 435
18
Florida Senate - 2022 SB 280
7-00478-22 2022280__
Page 16 of 16
CODING: Words stricken are deletions; words underlined are additions.
in whole or in part, depicts nudity, sexual conduct, sexual 436
excitement, sexual battery, sexual bestiality, or 437
sadomasochistic abuse and that is harmful to minors, as 438
described in s. 847.001, may not be located within 2,500 feet of 439
the real property that comprises a public or private elementary 440
school, middle school, or secondary school unless the county or 441
municipality approves the location under proceedings as provided 442
in s. 125.66(5) s. 125.66(4) for counties or s. 166.041(3)(c) 443
for municipalities. 444
Section 13. The Legislature finds and declares that this 445
act fulfills an important state interest. 446
Section 14. This act shall take effect October 1, 2022. 447
19