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Florida Statute 847.09 | Lawyer Caselaw & Research
F.S. 847.09 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 847.09

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 847
OBSCENITY
View Entire Chapter
F.S. 847.09
847.09 Legislative intent.
(1) In order to make the application and enforcement of ss. 847.07-847.09 uniform throughout the state, it is the intent of the Legislature to preempt the field, to the exclusion of counties and municipalities, insofar as it concerns exposing persons over 17 years of age to harmful motion pictures, exhibitions, shows, representations, and presentations. To that end, it is hereby declared that every county ordinance and every municipal ordinance adopted prior to July 1, 1973, and relating to said subject shall stand abrogated and unenforceable on and after such date and that no county, municipality, or consolidated county-municipal government shall have the power to adopt any ordinance relating to the subject on or after such effective date. If ss. 847.07-847.09 are declared to be illegal, unconstitutional, or otherwise unenforceable, any county or municipal ordinance abrogated before ss. 847.07-847.09 were declared unconstitutional shall be in full force and effect, and each county, municipality, and consolidated county-municipal government shall have the power to adopt ordinances relating to this subject.
(2) Nothing in ss. 847.07-847.09 shall be construed to repeal or in any way supersede the provisions of s. 847.011, s. 847.012, or s. 847.013.
(3) Nothing herein shall be construed to limit the free exercise of free speech or picketing by any organization, group, or individual for the purpose of upholding community standards.
History.ss. 3, 4, 6, ch. 73-120; s. 5, ch. 2019-45.

F.S. 847.09 on Google Scholar

F.S. 847.09 on Casetext

Amendments to 847.09


Arrestable Offenses / Crimes under Fla. Stat. 847.09
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 847.09.



Annotations, Discussions, Cases:

Cases from cite.case.law:

ENDERS, v. FLORIDA,, 535 F. App'x 799 (11th Cir. 2013)

. . . (3), (4), (7), and (9); 847.0135(2)(a)-(d), (5)(a)-(b), (6); 847.0137(l)(b); 847.06(l)-(2); 847.07; 847.09 . . . (l)-(2); 847.02; 847.03; and 847.09(l)-(2). . . .

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

. . . that the subjects included within the ordinances’ purview are preempted by Florida Statutes section 847.09 . . . contend that the enforcement provisions of the ordinances are preempted by Florida Statutes section 847.09 . . . which provides in pertinent part: In order to make the application and enforcement of ss. 847.07847.09 . . . Stat. ch. 847.09(1). . . .

CITY OF MIAMI SPRINGS, v. J. J. T. INC. a d b a s, 437 So. 2d 200 (Fla. Dist. Ct. App. 1983)

. . . attack upon the ordinance on the ground that the Legislature preempted the field of obscenity in Section 847.09 . . . into whether the performance or activity was obscene, and the legislative purpose announced in Section 847.09 . . . , namely, “to make the application and enforcement of ss. 847.07-847.09 uniform throughout the state, . . .

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

. . . .-07, 847.08 and 847.09. . . . However, Section 3 of Chapter 73-120, carried forward as Florida Statute 847.09, specifically limits . . . We find therefore that Section 3 of Chapter 73-120, Laws of Florida (Florida Statute 847.09) limits the . . .