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Florida Statute 823.13 | Lawyer Caselaw & Research
F.S. 823.13 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 823.13

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 823
PUBLIC NUISANCES
View Entire Chapter
F.S. 823.13
823.13 Places where obscene materials are illegally kept, sold, or used declared a public nuisance; drive-in theaters, films visible from public streets or public places.
(1) Any store, shop, warehouse, building, vehicle, ship, boat, vessel, aircraft, or any place whatever, which is visited by persons for the purpose of unlawfully purchasing or viewing any obscene material or performance as described in chapter 847, or which is used for the illegal keeping, selling, or delivering of the same, shall be deemed a public nuisance. No person shall keep or maintain such public nuisance or aid and abet another in keeping or maintaining such public nuisance.
(2) It shall be unlawful and is hereby declared a public nuisance for any ticket seller, ticket taker, usher, motion picture projection machine operator, manager, owner, or any other person connected with or employed by any drive-in theater in the state to knowingly exhibit, or aid or assist in exhibiting, any motion picture, slide, or other exhibit which depicts nudity which is harmful to minors as described in s. 847.013, if such motion picture, slide, or other exhibit is visible from any public street or public place, other than that place intended for the showing of such motion pictures, slides, or other exhibits.
History.s. 1, ch. 78-172.

F.S. 823.13 on Google Scholar

F.S. 823.13 on Casetext

Amendments to 823.13


Arrestable Offenses / Crimes under Fla. Stat. 823.13
Level: Degree
Misdemeanor/Felony: First/Second/Third

S823.13 1 - PUBLIC ORDER CRIMES - BLDG VES VEH USED VIEW SELL OBSCENE MATERIAL - M: S
S823.13 2 - PUBLIC ORDER CRIMES - DRIVE IN SHOW NUDITY VISIBLE PUB STREET PLACE - M: S



Annotations, Discussions, Cases:

Cases from cite.case.law:

SCHULTZ, v. CITY OF CUMBERLAND,, 228 F.3d 831 (7th Cir. 2000)

. . . . ยง 823.13 as a public nuisance. See State v. Schultz, 218 Wis.2d 798, 582 N.W.2d 113 (1998). . . .