The 2023 Florida Statutes (including Special Session C)
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. . . Convicted of a misdemeanor violation s. 784.048, s. 810.14, s 847.011, s. 847.013, s. 847.0135, or s. . . .
. . . three counts of possessing with intent to transmit or show obscene matter, in violation of section 847.011 . . .
. . . were unconstitutional: §§ 847.001(4), (5), (6)(a)-(10)(a), (10)(b), (12), (17)-(19), and (20)(b), (c); 847.011 . . .
. . . , 24.6 PROHIBITION OF CERTAIN ACTS IN CONNECTION WITH OBSCENE MATERIALS — PROMOTING OR PERFORMING § 847.011 . . .
. . . See § 847.011(l)(a), Fla. Stat. (2007). . . . See, e.g., § 847.011, Fla. . . .
. . . In her six-count complaint, Doe claimed that AOL violated criminal statutes, section 847.011 and section . . .
. . . . § 847.011(3) (West 1998) (emphasis added). . . .
. . . In count one, Doe alleged that AOL violated section 847.011(l)(a), Florida Statutes (1995), by knowingly . . .
. . . There the state charged several defendants with violating Florida’s obscenity statute, section 847.011 . . .
. . . and “Possession with Intent to Sale/Deliver [sic] an Obscene Motion Film,” in violation of section 847.011 . . .
. . . not solely commercial advertising and that no obscene literature or material, as defined in section 847.011 . . .
. . . State, 373 So2d 672 (Fla.1979) [F.S. 847.011(7) authorizing seizure of obscene materials was assailed . . .
. . . Fla.1969) the supreme court considered the constitutionality of Florida’s obscenity statute, section 847.011 . . .
. . . . § 847.011 and the United States Constitution, contending that the district court misapplied the test . . .
. . . Statutes (1985), predicated on forty-eight alleged violations of Florida’s obscenity statute, section 847.011 . . . The state also charged each defendant individually with one or more counts of violating section 847.011 . . . upon the petitioners’ pretrial motion, the trial court dismissed the information and declared section 847.011 . . . This Court has consistently found section 847.011 to be constitutional. Johnson v. . . . To the extent that § 847.011(2), Fla.Stat. (1985 & Supp.1986), criminalizes mere possession for private . . . According to section 847.011(11) (1985), gauging “obscenity” requires the application of “contemporary . . . Conclusion For the foregoing reasons, I would hold that both the 1985 and 1986 versions of section 847.011 . . .
. . . Heller under sections 847.011(4) and 847.001(11), Florida Statutes (1987). . . . It appears that the possibility of arresting appellant under section 847.011(4), Florida Statutes, was . . .
. . . The judge explicitly found probable cause to believe this recording was obscene under section 847.011 . . . The primary provision is section 847.011 of the Florida Statutes. . . . See FLA.STAT.ANN. § 847.011(9) (Supp.1990). THE MILLER V. . . . See FLA.STAT.ANN. § 847.011(7) (Supp.1990). . . . See FLA.STAT.ANN. § 847.011(8) (Supp. 1990). . . .
. . . an information alleging the possession or distribu-tion of obscene materials in violation of section 847.011 . . . This court has subsequently upheld the constitutionality of section 847.011 in State v. . . .
. . . Humphrey was charged with violating section 847.011, Florida Statutes (1987), by possessing or distributing . . . This court subsequently upheld the constitutionality of section 847.011, on both grounds raised in this . . .
. . . sworn motion to dismiss, arguing that the alleged conduct actually constitutes a violation of section 847.011 . . .
. . . CONSTITUTIONALITY OF SECTION 847.011 The trial court’s finding that section 847.011 violates the due . . . Section 847.011(11), Florida Statutes (1985), provided: For the purposes of this section, the test of . . . See § 847.011(11), Fla.Stat. (1985); § 847.001(7), Fla.Stat. (Supp.1986). . . . State, 394 So.2d 1016 (Fla.1981) (upholding section 847.011, Florida Statutes (1977)). . . . See § 847.011(6), Fla. Stat. (1985 and Supp.1986). . . .
. . . S. 847.011(4). In relevant part, Mr. . . . Fort Lauderdale, Florida, and charged with two (2) counts of promotion of obscenity, contrary to F.S. 847.011 . . . sic) show exhibition or performance of a nude female rubbing her breasts and vagina, contrary to F.S. 847.011 . . .
. . . dismissing an information which charged the defendant with a felony obscenity offense, pursuant to section 847.011 . . . Upon the state’s filing of felony charges for violation of section 847.011 (obscenity statute), Gayety . . . at issue is titled a felony, no prior conviction is alleged, nor does the information track section 847.011 . . . affirmance, therefore, acknowledges the state’s ability to allege a felony based solely on section 847.011 . . .
. . . .-03(3), Florida Statutes (1985), and section 847.011(l)(a), Florida Statutes (1985). . . .
. . . the County Court (Division F) with “Sale or Distribution of Obscene Material” in violation of Section 847.011 . . .
. . . . § 847.011. At the onset, it should be noted that the legality of the warrant is not relevant. . . . F.S. 847.011(7) clearly regulates the return of such material. . . . S. 847.011. If so, there is a provision for its destruction. . . . .2d 393 (Fla. 1978); Stanley v Georgia 394 U.S. 557, 89 S.Ct. 1243, 22 L.Ed.2d 542 (1969(; and F.S. 847.011 . . .
. . . 827.04(2)(3), 827.05, 828.122, 831.31(l)(b), 832.041, 832.05(2), 837.05, 837.06, 843.02, 843.13, 843.17, 847.011 . . .
. . . Section 847.011(2) provides that possession of an obscene film without intent to exhibit is a second . . .
. . . State, Division of Alcoholic Beverages & Tobacco, 403 So.2d 1372 (Fla. 5th DCA 1981); § 847.011(11), . . .
. . . arrested and charged with possession of obscene material with intent to sell, in violation of Section 847.011 . . . misdemeanor, the subject informations here each charged him with a third degree felony, because Section 847.011 . . . The statutory provision at the base of the present issue, Section 847.011(l)(a), Florida Statutes (1981 . . .
. . . that has been found to be obscene, lewd, lascivious, filthy or indecent pursuant to Florida Statute 847.011 . . .
. . . the Laws prohibiting CERTAIN ACTS IN CONNECTION WITH OBSCENE, LEWD AND LASCIVIOUS MATERIALS F.S.A. 847.011 . . .
. . . one of its employees to perform a lewd, lascivious, indecent, or obscene show in violation of section 847.011 . . . California, 413 U.S. 15, 93 S.Ct. 2607, 37 L.Ed.2d 419 (1973); Section 847.011(11), Florida Statutes . . .
. . . Section 847.011, s. 847.012, s. 847.013, s. 847.06, or s. 847.07, relating to obscene literature and . . .
. . . Florida Statutes (1975) (authorizing the return of stolen property to the rightful owner), and Section 847.011 . . .
. . . were charged with possession of obscene materials with intent to distribute in violation of section 847.011 . . . Section 847.011(1) provides: (l)(a) A person who knowingly sells, lends, gives away, distributes, transmits . . . We have consistently upheld the constitutionality of section 847.011. State v. . . .
. . . providing for the destruction of obscene materials after seizure, which upheld the validity of section 847.011 . . . Section 847.011(7) provides as follows: There shall be no right of property in any of the materials, . . . As noted above, subsection 847.011(7) is ancillary in nature. . . . film prior to a judicial determination of criminal conduct under subsections 847.011(l)-(6). . . . Subsection 847.011(7) was not designed for this purpose. . . .
. . . thirty-one counts of possession of obscene materials with intent to distribute in violation of Section 847.011 . . .
. . . Petitioners were arrested and charged with a misdemeanor violation of the obscenity laws, Florida Statute 847.011 . . . prohibiting distribution of “other printed materials which violate the provisions of Florida Statute 847.011 . . .
. . . . § 847.011 (1978). . . . Stat. § 847.011(8) (1978), the Florida “obscene nuisance" statute. Mitchem v. State ex rel. . . .
. . . Court for Broward County, Florida, by filing a complaint seeking injunctive relief pursuant to section 847.011 . . . In identical orders granting temporary injunctions, the judges held section 847.011 constitutional on . . . the orders of the circuit judges directly and initially ruled upon the constitutionality of section 847.011 . . . Further, this Court has confirmed the facial validity of section 847.011, Florida’s civil injunction . . . Appellants argue, however, that section 847.011 has been unconstitutionally applied in the case at bar . . .
. . . . § 847.011 (1) (a) (1977). . . . Section 847.011 (l)(a), which is set out in the margin, has been authoritatively construed by the Florida . . .
. . . order which had enjoined the showing of the film “Deep Throat” on grounds of obscenity under Section 847.011 . . .
. . . was charged by information with two counts of selling obscene motion pictures in violation of Section 847.011 . . . Evenhanded enforcement of F.S. 847.011 is not possible and therefore is contrary to the Constitution; . . . Evenhanded enforcement of F.S. 847.011 is not possible and therefore is contrary to the Constitution. . . . was offended by the material; and there is no allegation regarding which section of Florida Statute 847.011 . . .
. . . . § 847.011(8) and had permanently enjoined its entrepreneurs from further operation of the premises. . . .
. . . Deep Throat,” “Devil in Miss Jones” and “Glady’s [sic] and Her All Girl Band,” in violation of Section 847.011 . . . complaint, on October 27, 1976, the trial court entered a temporary restraining order pursuant to Section 847.011 . . . In Ellwest a three judge panel held that Section 847.011, Florida Statutes, is not unconstitutional because . . .
. . . Said Plaintiffs also attack F.S. 847.011 as unconstitutional, both facially and as applied, under Miller . . . of Civil Procedure in order to assert defenses relating to the constitutionality of Florida Statute 847.011 . . . Thus, the Plaintiffs’ assessment of the Florida Supreme Court’s interpretation of Sec. 847.011, F.S., . . . Statute 847.011 to be facially constitutional and valid. . . . Statute 847.011 remains in full force and effect and that law can be enforced in any manner that due . . .
. . . Appellant was charged with five violations of Florida’s obscenity statute, Section 847.011, Florida Statutes . . . Appellant moved to dismiss the charges on the ground that Section 847.011, Florida Statutes, is unconstitutional . . . Section 847.011, Florida Statutes, viewed in light of the judicial definitions above, penalizes no more . . . Appellant's contention that Section 847.011, Florida Statutes, is unconstitutional by virtue of the fact . . . The prosecution was based on Section 847.011, Florida Statutes, prohibiting certain acts in connection . . . This Court has rendered a number of decisions upholding the constitutional efficacy of Florida Statute 847.011 . . .
. . . appellant was arrested on several charges of selling obscene materials, in violation of Florida Statute 847.011 . . .
. . . Section 847.011, Florida Statutes (1975), another statute in the same chapter as the statute under which . . . When Section 847.011 was adjudged deficient in the trial court, the state appealed. . . . In an extended opinion, this Court excised the word “immoral” from Section 847.011 and pronounced all . . . Reese, supra, the legislature reenacted Section 847.011, omitting the word “immoral”, and giving the . . . As presently worded, Section 847.011 was upheld by this Court in a line of cases culminating with Bucolo . . .
. . . . § 847.011 (Supp. 1975). Bucolo v. State, 303 So. 2d 329 (1974). Bucolo v. Florida, 421 U. . . .
. . . ), app. dismissed, 413 U.S. 902, 93 S.Ct. 3029, 37 L.Ed.2d 1018 (1973), declared Florida Statutes § 847.011 . . .
. . . Ellwest Stereo Theatres, Inc., challenges the constitutionality of Florida Obscenity Statutes Section 847.011 . . . Plaintiff challenges the constitutionality of Florida Statute § 847.011 on two grounds. . . . Relevant to section 847.011, this Court sees no substantial differences as far as safeguarding First . . . The challenged statute, Florida Statute section 847.011 (1967) reads in pertinent part as follows: 847.011 . . . Florida Statutes section 847.011(8) (b) and (c). . . . .
. . . . § 847.011(4) (1973) were nolle prossed, appellee-relator sought the return of the films (the subject . . . whether they were obscene and whether they therefore ought to be destroyed in accordance with Fla.Stat. § 847.011 . . . particular defendant, it did not, and could not, deprive the court of its statutorily conferred — per § 847.011 . . . We think the procedure set out in § 847.011(7) is clear. . . . The Florida Supreme Court has upheld the constitutionality of § 847.011 and specifically determined subsection . . . . § 847.011(7), provided such proceeding does not embrace a determination of obscenity vel non. . . . A reading of sec. 847.011, as set forth in the majority opinion, reflects that the county court which . . . Sec. 847.011(7), which specifically provides for a hearing at which such a determination is made, is . . . It would seem to me that the hearing contemplated by section 847.011(7) has meaning if a defendant is . . . Hence, the proceeding contemplated by sec. 847.011(7), i. e., return to the claimant or destruction. . . .
. . . film and hiring another to assist in showing an obscene film in violation of Florida Statutes, Section 847.011 . . . Section 847.011(4), supra, provides in pertinent part: Every act, thing, or transaction forbidden by . . .
. . . convicted by a jury in the Magistrate’s Court of Hillsborough County on six counts of violation of Section 847.011 . . . specifically defined by the applicable state law, as written or construed (in the instant case Section 847.011 . . .
. . . information with three separate counts of sale of obscene materials in violation of Florida Statute Section 847.011 . . . convictions based, inter alia, upon a challenge to the constitutionality of Florida Statute Section 847.011 . . .
. . . these consolidated appeals Appellants originally contested their convictions of violation of Section 847.011 . . .
. . . upon the affidavit of Sergeant Bowers that he had reason to believe that there was a violation of § 847.011 . . . Calatayud were charged with unlawful possession of obscene films with intent to show same in violation of § 847.011 . . .
. . . In these consolidated appeals, appellants contest their convictions of violation of Section 847.011, . . .
. . . ), app. dismissed, 413 U.S. 902, 93 S.Ct. 3029, 37 L.Ed.2d 1017 (1973), declared Florida Statutes § 847.011 . . .
. . . judgment entered in a civil proceeding involving the enforcement of the state’s obscenity law (Section 847.011 . . . The complaint was filed pursuant to Section 847.011(8) (a), which section provides for a civil method . . . Section 847.011, F.S.A. . . . Section 847.011(8) (d), F.S.A. . . . The civil remedy contained in Section 847.011 would be meaningless, if it merely provided a forum for . . . Section 847.011(1) (a), Florida Statutes 1971, F.S.A., prohibits certain acts in connection with obscene . . . Section 847.011(8) (a), Florida Statutes 1971, F.S.A. . . . Section 847.011 (8) (d), Florida Statutes 1971, F.S.A. . . .
. . . California, Section 847.011, Florida Statutes, F.S.A., failed to give adequate notice of the conduct . . . Since the standard specified in Section 847.011(2), Florida Statutes, F.S. . . . A., regarding possession of obscene materials, is the same standard specified in Section 847.011(1) ( . . . Reese, supra), the same standard is also constitutional when found in Section 847.011(1) (a), Florida . . . State, we hold that the language of Section 847.011(1) (a), Florida Statutes, F.S.A., is sufficient to . . .
. . . Walvick Theatre Corp., et al., No. 73-22063, Circuit Judge Grossman recently held that Florida Statute 847.011 . . . vel non of the film in any one of these cases is not binding on any other Court under Florida Statute 847.011 . . .
. . . . § 847.011, F.S. A., unconstitutional. . . . S. § 847.011 [F.S.A.] unconstitutional, despite this Court’s opinion in Rhodes v. . . . S. § 847.011 [F.S.A.] imposing criminal penalties, although not involving the constitutional validity . . . Accordingly, we hold that F.S. § 847.011, F.S.A., is not facially invalid under the Due Process Clause . . . The purpose of the injunction provision of F.S. § 847.011, F.S.A., is not to punish the exhibitor of . . . Section 847.011, F.S.A., under the circumstances in this case. . . . Section 847.011, F.S.A., enacted in 1969 well prior to the time those two decisions were rendered, does . . . State, 1973, 281 So.2d 600, said: “[3] It is apparent to us that § 847.011, F.S.1969, F.S.A., does not . . . Section 847.011, F.S.A.1969, the Miller criteria by judicial interpretation is nothing less than judicial . . .
. . . 351 (Fla.1973), just released, the application of these opinions with regard to the related statute § 847.011 . . .
. . . We deal here with the “old” Florida obscenity statute, § 847.011, which continues as law. . . . on the Farm” were found by a jury to be obscene in violation of Florida’s 1967 obscenity statute, § 847.011 . . . Inasmuch as § 847.011(8) (b) injunctive proceedings were not invoked in this cause, the injunctive portion . . . Appellant’s offense occurred on May 5, 1971, under the earlier statute in question, § 847.011 to which . . . The trial judge in acting upon appellant’s motions expressly declared Fla.Stat. § 847.011, F.S. . . .
. . . Ch. 847, § 847.011 (1967), F.S.A., was held unconstitutional and its enforcement was enjoined. . . .
. . . Nothing in this act shall be construed to repeal or in any way supersede the provisions of Sec. 847.011 . . .
. . . At the time of the offense with which Basilone was charged Section 847.011 had been authoritatively construed . . . In my opinion, limiting the application of Sec. 847.011 to those activities as defined in Papp was merely . . . an effort by this court to provide a more authoritative construction of Section 847.011 and was not . . .
. . . That §847.011, Florida Statutes, insofar as it proscribes knowingly showing or otherwise distributing . . . That in construing §847.011 (8) (b), this court finds that the ex parte provision thereof is severable . . . That in construing §847.011(11) in the light of Miller v. California, 13 CrL 3161 (U.S. Sup. . . . that the motion picture film entitled “Deep Throat” is lewd and obscene within the prohibition of §847.011 . . .
. . . . § 847.011(1) (a), F.S.1969, F.S.A. . . . judge sitting as trier of fact could lawfully find the same to be obscene within the confines of § 847.011 . . . Papp has not raised, either in this court or in the Circuit Court, the constitutionality of § 847.011 . . . It is apparent to us that § 847.011, F.S.1969, F.S.A., does not so specifically define the sexual conduct . . . The statute (§ 847.011, F.S.1969, F.S.A.), therefore, cannot be constitutionally applied to Papp because . . .
. . . Sec. 847.011, F.S.A., the word ‘immoral’ as severable and leaving the rest of the statute intact. . . .
. . . . § 847.011, F.S.A. The scope of our review under such conditions is limited. See Katz v. . . .
. . . follows: “Did the lower court err in its final judgment based upon a complaint filed under section 847.011 . . . Stat. § 847.011(10), F.S.A., are that: ‘Three elements must coalesce: it must be established that (a) . . .
. . . exhibiting any other motion picture films or trailers which are obscene and contrary to Florida Statute 847.011 . . .
. . . In his final point appellant challenges the constitutionality of § 847.011, Fla.Stat., F.S.A. . . .
. . . . §847.011. This statute was held unconstitutional by a three-judge district court, Meyer v. . . .
. . . advertising coming attractions because they were obscene and in violation of Florida Obscenity Law, § 847.011 . . . The question of the constitutionality of Fla.Stat. § 847.011, F.S.A. has been decided adversely to appellant . . .
. . . Defendants appeal from a permanent injunction issued pursuant to § 847.011(7), Fla.Stat., F.S.A. . . . On appeal defendants argue that Florida obscenity statute [§ 847.011, F.S.] is unconstitutional. ' This . . . See § 847.011(7) (a, b and c) Fla.Stat., F.S.A. . . . It is not necessary, in our opinion, to prove claims in an action seeking equitable relief under § 847.011 . . . general does not have any legal authority to file a complaint and litigate a civil case under Chapter 847.011 . . .
. . . This cause came on to be heard upon final hearing pursuant to Florida Statute 847.011 (7), commonly referred . . .
. . . The third point raised by appellants assails the obscenity statute, Section 847.011, Florida Statutes . . . materials there involved to be obscene, the court relied on the obscenity standards embodied in Section 847.011 . . .
. . . . § 847.011, F.S.A., is constitutional. Article V, § 4(2) Florida Constitution, F.S.A. . . . The State built its presentation around Fla.Stat. § 847.011(10), F.S.A., as worded. . . . Stat. § 847.011(10), F.S.A., was an obscenity test taken from Roth v. . . . Reese, supra, Fla.Stat. § 847.011(10), F.S.A., came under attack as constitutionally defective since . . . S.A. 847.011 * * *.” . . . . § 847.011(10), F.S.A., which our opinion upholds. ■ . . . .
. . . . § 847.011, F.S.A., to be constitutional insofar as it related to the sale or distribution of obscene . . . Recently we have described this procedure in relation to Fla.Stat. § 847.011, F.S.A., as constitutionally . . . That Section 847.011, Florida Statutes, F.S.A., insofar as it relates to the sale or distribution of . . . evidence, be and each of them is hereby declared to be lewd and obscene within the prohibition of Section 847.011 . . . Appellants further contend that Fla.Stat. § 847.011, F.S.A., is unconstitutional because it does not . . .
. . . decided may give us clearer guidelines for the application of section 847.013 and perhaps of F.S. section 847.011 . . . relating to the alleged unconstitutionality of the statute is that: “AN ANALOGOUS STATUTE, SECTION 847.011 . . . Specifically, appellant refers to Fla.Stat. § 847.011, F.S.A., and criticism of standards used in various . . .
. . . were convicted in the County Judge’s Court in and for Bay County, Florida, for violation of Section 847.011 . . . of Florida, F.S.A., for the reason that the trial court passed directly upon the validity of Section 847.011 . . .
. . . enjoining appellants from conducting the business of selling obscene literature in violation of Section 847.011 . . . App.1969), upholding issuance of an ex parte injunction under Section 847.011(7), Florida Statutes, F.S.A . . .
. . . . § 2281, et seq., and a declaration that Florida Statute 847.011, F.S.A., the Florida obscenity prohibition . . . complaint plaintiffs were aggrieved not by any constitutional defect in the statute, Florida Statute 847.011 . . .
. . . a'department agent an obscene magazine entitled “Foxy-Lady” for the price of $5.00, in violation of Sections 847.011 . . . and that on the said date he was in possession of certain obscene materials in violation of Sections 847.011 . . .
. . . plaintiff of certain books determined by the state court after examination to be obscene under Section 847.011 . . .
. . . relief, and in particular challenging the constitutionality of the Florida obscenity statute, section 847.011 . . . This Court finds the Florida obscenity statute, section 847.011, unconstitutional in its entirety for . . . Provision for Ex Parte Injunction Florida Statutes, Section 847.011 (7) (b) (1967), provides for the . . . Failure of the State to Provide for Prompt Appellate Consideration Although section 847.011(7) (b), ( . . . The statute challenged, Florida Statutes, section 847.011 (1967) is attached as Appendix I. . . . . This case arose because of efforts by Florida state officials to enforce Section 847.011 of the Florida . . . one-judge temporary restraining order restraining the defendants against further acts to enforce Section 847.011 . . . The plaintiffs here seek a declaratory judgment holding Section 847.011 to be unconstitutional and for . . . The Florida statute does not suffer from the infirmity of Freedman because Section 847.011(7) (c) provides . . . a civil proceeding against the exhibitor Mandell of the film Vixen under the civil provisions of § 847.011 . . .
. . . enforcement and execution of Panama City, Florida, City Ordinance Section 16-44 and Florida Statutes Sections 847.011 . . . arrested and taken into custody by the Bay County Sheriff’s Department for violation of Florida Statute 847.011 . . . observed at the outset that the constitutionality of the particular statute challenged, Florida Statute 847.011 . . .
. . . the provisions of City Ordinance Sec. 48.56-1 of the City of Orlando and Florida Statutes, Sections 847.011 . . . Plaintiffs sought judgment declaring Sections 847.011 and 846.03 of the Florida Statutes, F.S.A. unconstitutional . . . We decline to pass on the constitutionality of Florida Statutes, Sections 847.011 and 847.03, F.S.A. . . . confiscation under the authority of Municipal Ordinance No. 43-56-1, of the City of Orlando, and F.S. 847.011 . . .
. . . searches, confiscations or prosecutions complained of by the plaintiffs, nor had the provisions of F.S. 847.011 . . .
. . . This ruling suggests no opinion on the question of the constitutionality of Florida Statutes, Section 847.011 . . .
. . . no opinion with reference to the merits of the question of obscenity or the constitutionality of § 847.011 . . .
. . . consolidated here are direct appeals from decisions of the trial Court holding unconstitutional Section 847.011 . . .
. . . The suit was filed pursuant to F.S. 1967, Section 847.011(7), F.S.A., to enjoin the said defendants from . . . by the operation of subsection (9) thereof; (2) Section 847.011 violates the First Amendment of the . . . Amendment of the United States Constitution; (4) Section 847.011(10) is unconstitutional in that it . . . Section 847.011 is void because the standard provided for the determination of obscenity is without a . . . The defendants in their brief concede that motion pictures are covered by Section 847.011, but argue . . .
. . . Appellant was charged in two separate informations with possession of obscene material contrary to § 847.011 . . . Both informations were dismissed by the trial judge upon motion of the appellant charging that § 847.011 . . . Sec. 847.011, Fla.Stat.1967, F.S.A., denounces the possession or sale of “any obscene, lewd, lascivious . . . The addition of Subsection (10) to § 847.011 was merely a legislative declaration of a judicial rule . . . Sec. 847.011 also denounces “immoral, sadistic, or masochistic” material. . . . Thus, when viewed in light of the Roth case, the meaning of the words of the statute, Section 847.011 . . .
. . . us for determination is whether the said film is lewd and obscene within the provisions of Section 847.011 . . . presented the Court finds that said movie film is lewd and obscene within the prohibition of Section 847.011 . . . The complaint in this cause alleges that the film “Lorna” is lewd and obscene, under Section 847.011, . . . A., without alleging also that the film falls under the ban of Section 847.011 as “lascivious, filthy . . .