The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES

Chapter 847
OBSCENITY

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F.S. 847.08

847.08 Hearings for determination of probable cause.—Whenever an indictment, information, or affidavit is filed under the provisions of ss. 847.07-847.09, the state attorney or his or her duly appointed assistant may apply to the court for the issuance of an order directing the defendant or his or her principal agent or bailee or other like person to produce the allegedly obscene materials at a time and place so designated by the court for the purpose of determining whether there is probable cause to believe said material is obscene. After hearing the parties on the issue, if the court determines probable cause exists, it may order the material held by the clerk of the court pending further order of the court. This section shall not be construed to prohibit the seizure of obscene materials by any other lawful means.

History.—s. 2, ch. 73-120; s. 10, ch. 86-238; s. 1354, ch. 97-102.

F.S. 847.08 on Google Scholar

F.S. 847.08 on Casetext

Amendments to 847.08

Arrestable Offenses / Crimes under Fla. Stat. 847.08

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 847.08.

Annotations, Discussions, Cases:

Cases from cite.case.law:

ALEXIS, INC. M L v. PINELLAS COUNTY, FLORIDA, 194 F. Supp. 2d 1336 (M.D. Fla. 2002)

. . . by preemption or illegality of arrests for failure to follow the procedural requirements of section 847.08 . . .

SAFECO INSURANCE COMPANY OF AMERICA v. CITY OF WHITE HOUSE, TENNESSEE,, 191 F.3d 675 (6th Cir. 1999)

. . . damages, it gave amounts of $2,643,749.10 and $2,996,-596.18, and calculated a difference of $352,-847.08 . . .

SAFECO INSURANCE COMPANY v. CITY OF WHITE HOUSE, TENNESSEE, a, 36 F.3d 540 (6th Cir. 1994)

. . . granted the motion and entered judgment against Safeco in the amount of $560,205.11, that is $352,-847.08 . . .

FIRST AMENDMENT FOUNDATION OF FLORIDA, INC. v. STATE, 364 So. 2d 450 (Fla. 1978)

. . . information the state filed a motion for an order to produce the subject film, pursuant to Section 847.08 . . . the motions for production orders, and moved to quash them once issued, on the ground that Section 847.08 . . . Section 847.08, Florida Statutes (1975), provides that after the filing of an indictment, information . . . Appellant contends that Section 847.08 is unconstitutional in that it authorizes the seizure of property . . . Appellant argues that since Section 847.08 states that the production order that is authorized is for . . .

H. LEIGH, H v. STATE KIRKPATRICK,, 298 So. 2d 215 (Fla. Dist. Ct. App. 1974)

. . . .-07, 847.08 and 847.09. . . . Section 2 of Chapter 73-120 relates to obscene materials and is carried forward as Florida Statute 847.08 . . .

GADD v. EQUITABLE LIFE ASSUR. SOC., 97 F. 834 (C.C.S.D.N.Y. 1899)

. . . the total amount apportioned by the defendant to the plaintiff’s policy is §1,711.77 for reserve and §847.08 . . .