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Florida Statute 847.011 | Lawyer Caselaw & Research
F.S. 847.011 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 847
OBSCENITY
View Entire Chapter
F.S. 847.011
847.011 Prohibition of certain acts in connection with obscene, lewd, etc., materials; penalty.
(1)(a) Except as provided in paragraph (c), any person who knowingly sells, lends, gives away, distributes, transmits, shows, or transmutes, or offers to sell, lend, give away, distribute, transmit, show, or transmute, or has in his or her possession, custody, or control with intent to sell, lend, give away, distribute, transmit, show, transmute, or advertise in any manner, any obscene book, magazine, periodical, pamphlet, newspaper, comic book, story paper, written or printed story or article, writing, paper, card, picture, drawing, photograph, motion picture film, figure, image, phonograph record, or wire or tape or other recording, or any written, printed, or recorded matter of any such character which may or may not require mechanical or other means to be transmuted into auditory, visual, or sensory representations of such character, or any article or instrument for obscene use, or purporting to be for obscene use or purpose; or who knowingly designs, copies, draws, photographs, poses for, writes, prints, publishes, or in any manner whatsoever manufactures or prepares any such material, matter, article, or thing of any such character; or who knowingly writes, prints, publishes, or utters, or causes to be written, printed, published, or uttered, any advertisement or notice of any kind, giving information, directly or indirectly, stating, or purporting to state, where, how, of whom, or by what means any, or what purports to be any, such material, matter, article, or thing of any such character can be purchased, obtained, or had; or who in any manner knowingly hires, employs, uses, or permits any person knowingly to do or assist in doing any act or thing mentioned above, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A person who, after having been convicted of a violation of this subsection, thereafter violates any of its provisions, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) The knowing possession by any person of three or more identical or similar materials, matters, articles, or things coming within the provisions of paragraph (a) is prima facie evidence of the violation of the paragraph.
(c) A person who commits a violation of paragraph (a) or subsection (2) which is based on materials that depict a minor engaged in any act or conduct that is harmful to minors commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(d) A person’s ignorance of a minor’s age, a minor’s misrepresentation of his or her age, a bona fide belief of a minor’s age, or a minor’s consent may not be raised as a defense in a prosecution for one or more violations of paragraph (a) or subsection (2).
(2) Except as provided in paragraph (1)(c), a person who knowingly has in his or her possession, custody, or control any obscene book, magazine, periodical, pamphlet, newspaper, comic book, story paper, written or printed story or article, writing, paper, card, picture, drawing, photograph, motion picture film, film, any sticker, decal, emblem or other device attached to a motor vehicle containing obscene descriptions, photographs, or depictions, any figure, image, phonograph record, or wire or tape or other recording, or any written, printed, or recorded matter of any such character which may or may not require mechanical or other means to be transmuted into auditory, visual, or sensory representations of such character, or any article or instrument for obscene use, or purporting to be for obscene use or purpose, without intent to sell, lend, give away, distribute, transmit, show, transmute, or advertise the same, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. A person who, after having been convicted of violating this subsection, thereafter violates any of its provisions commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. In any prosecution for such possession, it is not necessary to allege or prove the absence of such intent.
(3) No person shall as a condition to a sale, allocation, consignment, or delivery for resale of any paper, magazine, book, periodical, or publication require that the purchaser or consignee receive for resale any other article, paper, magazine, book, periodical, or publication reasonably believed by the purchaser or consignee to be obscene, and no person shall deny or threaten to deny or revoke any franchise or impose or threaten to impose any penalty, financial or otherwise, by reason of the failure of any person to accept any such article, paper, magazine, book, periodical, or publication, or by reason of the return thereof. Whoever violates this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) Any person who knowingly promotes, conducts, performs, or participates in an obscene show, exhibition, or performance by live persons or a live person before an audience is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Any person who, after having been convicted of violating this subsection, thereafter violates any of its provisions and is convicted thereof is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(5)(a)1. A person may not knowingly sell, lend, give away, distribute, transmit, show, or transmute; offer to sell, lend, give away, distribute, transmit, show, or transmute; have in his or her possession, custody, or control with the intent to sell, lend, give away, distribute, transmit, show, or transmute; or advertise in any manner an obscene, child-like sex doll.
2.a. Except as provided in sub-subparagraph b., a person who violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
b. A person who is convicted of violating this paragraph a second or subsequent time commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b)1. Except as provided in subparagraph 2., a person who knowingly has in his or her possession, custody, or control an obscene, child-like sex doll commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
2. A person who is convicted of violating this paragraph a second or subsequent time commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.
(c)1. A law enforcement officer may arrest without a warrant any person who he or she has probable cause to believe has violated paragraph (b).
2. Upon proper affidavits being made, a search warrant may be issued to further investigate a violation of paragraph (b), including to search a private dwelling.
(6) Every act, thing, or transaction forbidden by this section shall constitute a separate offense and shall be punishable as such.
(7) Proof that a defendant knowingly committed any act or engaged in any conduct referred to in this section may be made by showing that at the time such act was committed or conduct engaged in the defendant had actual knowledge of the contents or character of the material, matter, article, or thing possessed or otherwise dealt with, by showing facts and circumstances from which it may fairly be inferred that he or she had such knowledge, or by showing that he or she had knowledge of such facts and circumstances as would put a person of ordinary intelligence and caution on inquiry as to such contents or character.
(8) There shall be no right of property in any of the materials, matters, articles, or things possessed or otherwise dealt with in violation of this section; and, upon the seizure of any such material, matter, article, or thing by any authorized law enforcement officer, the same shall be held by the arresting agency. When the same is no longer required as evidence, the prosecuting officer or any claimant may move the court in writing for the disposition of the same and, after notice and hearing, the court, if it finds the same to have been possessed or otherwise dealt with in violation of this section, shall order the sheriff to destroy the same in the presence of the clerk; otherwise, the court shall order the same returned to the claimant if the claimant shows that he or she is entitled to possession. If destruction is ordered, the sheriff and clerk shall file a certificate of compliance.
(9)(a) The circuit court has jurisdiction to enjoin a threatened violation of this section upon complaint filed by the state attorney or attorney for a municipality in the name of the state upon the relation of such state attorney or attorney for a municipality.
(b) After the filing of such a complaint, the judge to whom it is presented may grant an order restraining the person complained of until final hearing or further order of the court. Whenever the relator state attorney or attorney for a municipality requests a judge of such court to set a hearing upon an application for such a restraining order, such judge shall set such hearing for a time within 3 days after the making of such request. No such order shall be made unless such judge is satisfied that sufficient notice of the application therefor has been given to the party restrained of the time when and place where the application for such restraining order is to be made; however, such notice shall be dispensed with when it is manifest to such judge, from the sworn allegations of the complaint or the affidavit of the plaintiff or other competent person, that the apprehended violation will be committed if an immediate remedy is not afforded.
(c) The person sought to be enjoined shall be entitled to a trial of the issues within 1 day after joinder of issue, and a decision shall be rendered by the court within 2 days of the conclusion of the trial.
(d) In any action brought as provided in this subsection, no bond or undertaking shall be required of the state attorney or the municipality or its attorney before the issuance of a restraining order provided for by paragraph (b), and there shall be no liability on the part of the state or the state attorney or the municipality or its attorney for costs or for damages sustained by reason of such restraining order in any case where a final decree is rendered in favor of the person sought to be enjoined.
(e) Every person who has possession, custody, or control of, or otherwise deals with, any of the materials, matters, articles, or things described in this section, after the service upon him or her of a summons and complaint in an action for injunction brought under this subsection, is chargeable with knowledge of the contents and character thereof.
(10) The several sheriffs and state attorneys shall vigorously enforce this section within their respective jurisdictions.
(11) This section shall not apply to the exhibition of motion picture films permitted by s. 847.013.
History.ss. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, ch. 61-7; s. 1053, ch. 71-136; ss. 1A, 2A, 3A, 4, 5A, 6, ch. 71-337; s. 171, ch. 71-355; s. 34, ch. 73-334; s. 2, ch. 86-238; s. 68, ch. 88-381; s. 1, ch. 89-44; s. 211, ch. 91-224; s. 1348, ch. 97-102; s. 2, ch. 2008-120; s. 1, ch. 2019-45; s. 8, ch. 2022-212.
Note.Section 7, ch. 2008-120, provides that “[t]he amendments to ss. 847.012, 847.011, 847.013, and 847.0133, Florida Statutes, by this act do not apply to providers of communications services as defined in s. 202.11, Florida Statutes, or to providers of information services, including, but not limited to, Internet access service providers and hosting service providers, when they only provide the transmission, storage, or caching of electronic communications or messages of others or provide other related communications or information services used by others in violation of such amended provisions. This exemption shall not apply to providers of communications services as defined in s. 202.11, Florida Statutes, or providers of information services that knowingly for commercial advantage or private financial gain facilitate the specific violation of such amended provisions by others.”

F.S. 847.011 on Google Scholar

F.S. 847.011 on Casetext

Amendments to 847.011


Arrestable Offenses / Crimes under Fla. Stat. 847.011
Level: Degree
Misdemeanor/Felony: First/Second/Third

S847.011 1a - OBSCENE MATERIAL-SELL - SELLS LENDS DISTRIBUTES SUBSQ VIOLATION - F: T
S847.011 1a - OBSCENE MATERIAL-SELL - 1ST OFF - M: F
S847.011 1a - OBSCENE MATERIAL-POSSESS - TO SELL SUBSQ VIOL - F: T
S847.011 1a - OBSCENE MATERIAL-POSSESS - TO SELL 1ST OFF - M: F
S847.011 1a - OBSCENE MATERIAL-DISTRIB - LEND SUBSQ VIOL - F: T
S847.011 1a - OBSCENE MATERIAL-DISTRIB - LEND 1ST OFF - M: F
S847.011 1c - OBSCENITY - SELL LEND TRANS POSSESS OBSCENITY HARM MINOR - F: T
S847.011 2 - OBSCENE MATERIAL-POSSESS - SUBSQ OFF - M: F
S847.011 2 - OBSCENE MATERIAL-POSSESS - 1ST OFF - M: S
S847.011 3 - OBSCENITY - REQUIRE PURCHASER TO RECEIVE OBSCENE MATERIAL - F: T
S847.011 4 - OBSCENITY - PROMOTE PERFORM ETC LIVE SHOW SUBSQ OFF - F: T
S847.011 4 - OBSCENITY - PROMOTE PERFORM CONDUCT ETC LIVE SHOW 1ST OFF - M: F
S847.011 5a1 - OBSCENE MATERIAL-SELL - SELL LEND ADVERTISE CHILDLIKE SEX DOLL - F: T
S847.011 5a1 - OBSCENE MATERIAL-DISTRIB - TRANSMIT DISTRIB GIVE AWAY CHILDLIKE SEX DOLL - F: T
S847.011 5a1 - OBSCENE MATERIAL-SELL - SELL LEND ADVERTISE CHILDLIKE SEX DOLL 2ND SUB - F: S
S847.011 5a1 - OBSCENE MATERIAL-DISTRIB - TRANSMIT DISTR GIVE CHILDLIKE SEX DOLL 2ND SUB - F: S
S847.011 5b1 - OBSCENE MATERIAL-POSSESS - POSSESS CHILD-LIKE SEX DOLL - M: F
S847.011 5b1 - OBSCENE MATERIAL-POSSESS - POSSESS CHILD-LIKE SEX DOLL 2ND SUBSEQ - F: T



Annotations, Discussions, Cases:

Cases from cite.case.law:

J. S. a v. STATE, 138 So. 3d 504 (Fla. Dist. Ct. App. 2014)

. . . three counts of possessing with intent to transmit or show obscene matter, in violation of section 847.011 . . .

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

. . . were unconstitutional: §§ 847.001(4), (5), (6)(a)-(10)(a), (10)(b), (12), (17)-(19), and (20)(b), (c); 847.011 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 87 So. 3d 679 (Fla. 2012)

. . . , 24.6 PROHIBITION OF CERTAIN ACTS IN CONNECTION WITH OBSCENE MATERIALS — PROMOTING OR PERFORMING § 847.011 . . .

PARKER, v. STATE, 81 So. 3d 451 (Fla. Dist. Ct. App. 2011)

. . . See § 847.011(l)(a), Fla. Stat. (2007). . . . See, e.g., § 847.011, Fla. . . .

DOE, a v. AMERICA ONLINE, INC., 783 So. 2d 1010 (Fla. 2001)

. . . In her six-count complaint, Doe claimed that AOL violated criminal statutes, section 847.011 and section . . .

UNIVERSITY BOOKS AND VIDEOS, INC. d b a v. METROPOLITAN DADE COUNTY,, 78 F. Supp. 2d 1327 (S.D. Fla. 1999)

. . . . § 847.011(3) (West 1998) (emphasis added). . . .

DOE, a v. AMERICA ONLINE, INC. a, 718 So. 2d 385 (Fla. Dist. Ct. App. 1998)

. . . In count one, Doe alleged that AOL violated section 847.011(l)(a), Florida Statutes (1995), by knowingly . . .

STATE v. CONFORTI, 688 So. 2d 350 (Fla. Dist. Ct. App. 1997)

. . . There the state charged several defendants with violating Florida’s obscenity statute, section 847.011 . . .

MIRAGAYA, v. STATE, 654 So. 2d 262 (Fla. Dist. Ct. App. 1995)

. . . and “Possession with Intent to Sale/Deliver [sic] an Obscene Motion Film,” in violation of section 847.011 . . .

NATURIST SOCIETY, INC. T. A. v. FILLYAW, D., 858 F. Supp. 1559 (S.D. Fla. 1994)

. . . not solely commercial advertising and that no obscene literature or material, as defined in section 847.011 . . .

STATE v. GLOBE COMMUNICATIONS CORPORATION,, 622 So. 2d 1066 (Fla. Dist. Ct. App. 1993)

. . . State, 373 So2d 672 (Fla.1979) [F.S. 847.011(7) authorizing seizure of obscene materials was assailed . . .

STATE v. CUDA a k a A., 622 So. 2d 502 (Fla. Dist. Ct. App. 1993)

. . . Fla.1969) the supreme court considered the constitutionality of Florida’s obscenity statute, section 847.011 . . .

LUKE RECORDS, INC. a v. NAVARRO,, 960 F.2d 134 (11th Cir. 1992)

. . . . § 847.011 and the United States Constitution, contending that the district court misapplied the test . . .

STALL, STATE LONG, v. STATE, 570 So. 2d 257 (Fla. 1990)

. . . 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, v. CITY OF OCALA,, 564 So. 2d 630 (Fla. Dist. Ct. App. 1990)

. . . 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 . . .

SKYYWALKER RECORDS, INC. v. NAVARRO,, 739 F. Supp. 578 (S.D. Fla. 1990)

. . . 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). . . .

STATE v. EPLER,, 559 So. 2d 746 (Fla. Dist. Ct. App. 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. . . .

STATE v. HUMPHREY,, 559 So. 2d 733 (Fla. Dist. Ct. App. 1990)

. . . 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 . . .

BRADY, v. STATE, 553 So. 2d 316 (Fla. Dist. Ct. App. 1989)

. . . sworn motion to dismiss, arguing that the alleged conduct actually constitutes a violation of section 847.011 . . .

STATE v. LONG, E. CMH d b a, 544 So. 2d 219 (Fla. Dist. Ct. App. 1989)

. . . 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). . . .

STATE OF FLORIDA v., 33 Fla. Supp. 2d 98 (Fla. Cir. Ct. 1989)

. . . 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 . . .

STATE v. GAYETY THEATRES, INC. a, 521 So. 2d 231 (Fla. Dist. Ct. App. 1988)

. . . 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 . . .

MARTINEZ v. C. HEINRICH,, 521 So. 2d 167 (Fla. Dist. Ct. App. 1988)

. . . .-03(3), Florida Statutes (1985), and section 847.011(l)(a), Florida Statutes (1985). . . .

CLINTON v STATE OF FLORIDA, 30 Fla. Supp. 2d 143 (Fla. Cir. Ct. 1987)

. . . the County Court (Division F) with “Sale or Distribution of Obscene Material” in violation of Section 847.011 . . .

STATE OF FLORIDA v. PORTER, 35 Fla. Supp. 2d 42 (Fla. Cir. Ct. 1987)

. . . . § 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 . . .

CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION v. GORMAN, 18 Fla. Supp. 2d 261 (Fla. Div. Admin. Hearings 1986)

. . . 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 . . .

L. M. E. INC. v. CITY OF HOLLYWOOD, 605 F. Supp. 185 (S.D. Fla. 1985)

. . . Section 847.011(2) provides that possession of an obscene film without intent to exhibit is a second . . .

FLORIDA LITERARY DISTRIBUTING CORPORATION, a d b a s a v. STATE GARCIA- PEDROSA,, 460 So. 2d 1028 (Fla. Dist. Ct. App. 1985)

. . . State, Division of Alcoholic Beverages & Tobacco, 403 So.2d 1372 (Fla. 5th DCA 1981); § 847.011(11), . . .

STATE v. VILLAFANE,, 444 So. 2d 71 (Fla. Dist. Ct. App. 1984)

. . . 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 . . .

GAYETY THEATRES, INC. v. CITY OF MIAMI,, 719 F.2d 1550 (11th Cir. 1983)

. . . that has been found to be obscene, lewd, lascivious, filthy or indecent pursuant to Florida Statute 847.011 . . .

STATE v. SMELT,, 417 So. 2d 1154 (Fla. Dist. Ct. App. 1982)

. . . the Laws prohibiting CERTAIN ACTS IN CONNECTION WITH OBSCENE, LEWD AND LASCIVIOUS MATERIALS F.S.A. 847.011 . . .

GOLDEN DOLPHIN NO. INC. t a v. STATE DIVISION OF ALCOHOLIC BEVERAGES TOBACCO,, 403 So. 2d 1372 (Fla. Dist. Ct. App. 1981)

. . . 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 . . .

BOWDEN, v. STATE WILLIAMS, v. STATE, 402 So. 2d 1173 (Fla. 1981)

. . . Section 847.011, s. 847.012, s. 847.013, s. 847.06, or s. 847.07, relating to obscene literature and . . .

SAWYER, v. GABLE,, 400 So. 2d 992 (Fla. Dist. Ct. App. 1981)

. . . Florida Statutes (1975) (authorizing the return of stolen property to the rightful owner), and Section 847.011 . . .

SARDIELLO v. STATE, 394 So. 2d 1016 (Fla. 1981)

. . . 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. . . .

ROBERTS, v. STATE, 373 So. 2d 672 (Fla. 1979)

. . . 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. . . .

SCHERGEN, v. STATE, 371 So. 2d 575 (Fla. Dist. Ct. App. 1979)

. . . thirty-one counts of possession of obscene materials with intent to distribute in violation of Section 847.011 . . .

CARTER, v. CARSON,, 370 So. 2d 1241 (Fla. Dist. Ct. App. 1979)

. . . 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 . . .

BAYSIDE ENTERPRISES, INC. v. CARSON, KELLER a v. CONSOLIDATED CITY OF JACKSONVILLE,, 470 F. Supp. 1140 (M.D. Fla. 1979)

. . . . § 847.011 (1978). . . . Stat. § 847.011(8) (1978), the Florida “obscene nuisance" statute. Mitchem v. State ex rel. . . .

LADOGA CANNING CORPORATION, v. H. McKENZIE, III, L P ENTERPRISES, INC. v. H. McKENZIE, III,, 370 So. 2d 1137 (Fla. 1979)

. . . 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 . . .

v., 438 U.S. 905 (U.S. 1978)

. . . . § 847.011 (1) (a) (1977). . . . Section 847.011 (l)(a), which is set out in the margin, has been authoritatively construed by the Florida . . .

GAYETY THEATRES, INC. d b a C. v. STATE E. GERSTEIN,, 359 So. 2d 915 (Fla. Dist. Ct. App. 1978)

. . . order which had enjoined the showing of the film “Deep Throat” on grounds of obscenity under Section 847.011 . . .

STATE v. KRAHAM,, 360 So. 2d 393 (Fla. 1978)

. . . 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 . . .

BAYSIDE ENTERPRISES, INC. v. CARSON ELLWEST STEREO THEATRES, INC. a v. CONSOLIDATED CITY OF JACKSONVILLE, 450 F. Supp. 696 (M.D. Fla. 1978)

. . . . § 847.011(8) and had permanently enjoined its entrepreneurs from further operation of the premises. . . .

FAIRVILLA TWIN CINEMA II, J. v. STATE EAGAN,, 353 So. 2d 908 (Fla. Dist. Ct. App. 1977)

. . . 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 . . .

P. A. B. INC. v. STACK, ACE ADULT BOOKSTORE, INC. v. STACK,, 440 F. Supp. 937 (S.D. Fla. 1977)

. . . 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 . . .

JOHNSON, v. STATE, 351 So. 2d 10 (Fla. 1977)

. . . 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 . . .

J. BARLOW, v. STATE, 345 So. 2d 758 (Fla. Dist. Ct. App. 1977)

. . . appellant was arrested on several charges of selling obscene materials, in violation of Florida Statute 847.011 . . .

SPEARS, v. STATE, 337 So. 2d 977 (Fla. 1976)

. . . 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 . . .

BUCOLO v. ADKINS, CHIEF JUSTICE,, 424 U.S. 641 (U.S. 1976)

. . . . § 847.011 (Supp. 1975). Bucolo v. State, 303 So. 2d 329 (1974). Bucolo v. Florida, 421 U. . . .

UNITED STATES v. C. SLEPICOFF, d b a, 524 F.2d 1244 (5th Cir. 1975)

. . . ), 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. a v. G. NICHOLS,, 403 F. Supp. 857 (M.D. Fla. 1975)

. . . 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). . . . .

T. CARLISLE v. STATE SMITH,, 319 So. 2d 624 (Fla. Dist. Ct. App. 1975)

. . . . § 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. . . .

CAPLAN, v. STATE, 317 So. 2d 855 (Fla. Dist. Ct. App. 1975)

. . . 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 . . .

FONTANA M. v. STATE, 316 So. 2d 543 (Fla. 1975)

. . . 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 . . .

LAW, v. STATE, 316 So. 2d 545 (Fla. 1975)

. . . 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 . . .

BUCOLO, v. STATE A. SIMPSON, v. STATE R. AGUT, v. STATE BUCOLO R. v. STATE, 316 So. 2d 551 (Fla. 1975)

. . . these consolidated appeals Appellants originally contested their convictions of violation of Section 847.011 . . .

STATE v. U L THEATRES, INC. d b a, 307 So. 2d 879 (Fla. Dist. Ct. App. 1974)

. . . 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 . . .

BUCOLO, v. STATE A. SIMPSON, v. STATE R. AGUT, v. STATE BUCOLO R. v. STATE, 303 So. 2d 329 (Fla. 1974)

. . . In these consolidated appeals, appellants contest their convictions of violation of Section 847.011, . . .

UNITED STATES v. HILL,, 500 F.2d 733 (5th Cir. 1974)

. . . ), app. dismissed, 413 U.S. 902, 93 S.Ct. 3029, 37 L.Ed.2d 1017 (1973), declared Florida Statutes § 847.011 . . .

STATE v. SAMSCOT ENTERPRISES, INC., 297 So. 2d 69 (Fla. Dist. Ct. App. 1974)

. . . 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. . . .

STATE v. PAPP,, 298 So. 2d 374 (Fla. 1974)

. . . 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 . . .

STATE v. AIUPPA,, 298 So. 2d 391 (Fla. 1974)

. . . 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 . . .

STATE E. GERSTEIN, v. WALVICK THEATRE CORPORATION, d b a a, 298 So. 2d 406 (Fla. 1974)

. . . . § 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 . . .

E. DAVISON, v. STATE, 288 So. 2d 483 (Fla. 1973)

. . . 351 (Fla.1973), just released, the application of these opinions with regard to the related statute § 847.011 . . .

E. RHODES, v. STATE, 283 So. 2d 351 (Fla. 1973)

. . . 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. . . .

SMYL, INC. v. GERSTEIN, U. S. C. A., 364 F. Supp. 1302 (S.D. Fla. 1973)

. . . Ch. 847, § 847.011 (1967), F.S.A., was held unconstitutional and its enforcement was enjoined. . . .

DASHER d b a v. BOYETT, 365 F. Supp. 809 (M.D. Fla. 1973)

. . . Nothing in this act shall be construed to repeal or in any way supersede the provisions of Sec. 847.011 . . .

BASILONE, v. STATE, 286 So. 2d 616 (Fla. Dist. Ct. App. 1973)

. . . 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 . . .

STATE, STATE ATTORNEY v. GLASSMAN,, 39 Fla. Supp. 201 (Fla. Cir. Ct. 1973)

. . . 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 . . .

PAPP, v. STATE, 281 So. 2d 600 (Fla. Dist. Ct. App. 1973)

. . . . § 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 . . .

MIAMI HEALTH STUDIOS, INC. a a k a v. CITY OF MIAMI BEACH, a, 353 F. Supp. 593 (S.D. Fla. 1972)

. . . Sec. 847.011, F.S.A., the word ‘immoral’ as severable and leaving the rest of the statute intact. . . .

MARKS, v. STATE, 262 So. 2d 479 (Fla. Dist. Ct. App. 1972)

. . . . § 847.011, F.S.A. The scope of our review under such conditions is limited. See Katz v. . . .

ART THEATRE ENTERPRISES, INC. a d b a v. STATE E. GERSTEIN,, 260 So. 2d 267 (Fla. Dist. Ct. App. 1972)

. . . 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) . . .

PARIS FOLLIES, INC. a d b a a k a v. STATE E. GERSTEIN,, 259 So. 2d 532 (Fla. Dist. Ct. App. 1972)

. . . exhibiting any other motion picture films or trailers which are obscene and contrary to Florida Statute 847.011 . . .

LITTLE BEAVER THEATRE, INC. a d b a v. STATE E. GERSTEIN,, 259 So. 2d 217 (Fla. Dist. Ct. App. 1972)

. . . In his final point appellant challenges the constitutionality of § 847.011, Fla.Stat., F.S.A. . . .

v., 405 U.S. 958 (U.S. 1972)

. . . . §847.011. This statute was held unconstitutional by a three-judge district court, Meyer v. . . .

UNITED THEATERS OF FLORIDA, INC. d b a v. STATE E. GERSTEIN,, 259 So. 2d 210 (Fla. Dist. Ct. App. 1972)

. . . 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 . . .

FOR ADULTS ONLY, INC. a v. STATE E. GERSTEIN,, 257 So. 2d 912 (Fla. Dist. Ct. App. 1972)

. . . 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 . . .

STATE, STATE ATTORNEY v. UNITED THEATERS OF FLORIDA,, 36 Fla. Supp. 48 (Dade Cty. Cir. Ct. 1971)

. . . This cause came on to be heard upon final hearing pursuant to Florida Statute 847.011 (7), commonly referred . . .

MITCHUM v. STATE, 251 So. 2d 298 (Fla. Dist. Ct. App. 1971)

. . . 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 . . .

MITCHEM d b a v. STATE SCHAUB,, 250 So. 2d 883 (Fla. 1971)

. . . . § 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. ■ . . . .

E. MAY, Jr. v. H. HARPER,, 250 So. 2d 880 (Fla. 1971)

. . . . § 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 . . .

E. DAVISON, v. STATE, 251 So. 2d 841 (Fla. 1971)

. . . 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 . . .

C. MARTIN, STATE CANTEY, v. STATE, 248 So. 2d 643 (Fla. 1971)

. . . 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 . . .

MITCHUM, a a v. STATE, 244 So. 2d 159 (Fla. Dist. Ct. App. 1971)

. . . 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 . . .

AALTO, d b a a a a v. E. GERSTEIN,, 320 F. Supp. 652 (S.D. Fla. 1970)

. . . . § 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 . . .

T. I. COLLINS, d b a v. STATE BEVERAGE DEPARTMENT A. R., 239 So. 2d 613 (Fla. Dist. Ct. App. 1970)

. . . 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 . . .

MITCHUM, d b a v. E. FOSTER, M. J. W. L., 315 F. Supp. 1387 (N.D. Fla. 1970)

. . . plaintiff of certain books determined by the state court after examination to be obscene under Section 847.011 . . .

MEYER, v. T. AUSTIN,, 319 F. Supp. 457 (M.D. Fla. 1970)

. . . 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 . . .

MITCHUM v. McAULEY, 311 F. Supp. 479 (N.D. Fla. 1970)

. . . 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 . . .

J. CARROLL, a v. CITY OF ORLANDO, a T. C. J. L. W. M., 311 F. Supp. 967 (M.D. Fla. 1970)

. . . 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 . . .

M. AMATO, v. RUTH, 332 F. Supp. 326 (W.D. Wis. 1970)

. . . searches, confiscations or prosecutions complained of by the plaintiffs, nor had the provisions of F.S. 847.011 . . .

HMH PUBLISHING CO. a Co. a v. G. OLDHAM, Jr., 306 F. Supp. 495 (M.D. Fla. 1969)

. . . This ruling suggests no opinion on the question of the constitutionality of Florida Statutes, Section 847.011 . . .

MANDELL, v. CARSON L. s W., 309 F. Supp. 326 (M.D. Fla. 1969)

. . . no opinion with reference to the merits of the question of obscenity or the constitutionality of § 847.011 . . .

STATE A. HALLOWES, III, v. REEVES, s a STATE A. HALLOWES, III, v. M. RACHLEFF, s a STATE A. HALLOWES, III, v. KOUROUPIS, s a, 224 So. 2d 285 (Fla. 1969)

. . . consolidated here are direct appeals from decisions of the trial Court holding unconstitutional Section 847.011 . . .

SOUTH FLORIDA ART THEATERS, INC. a v. STATE U. MOUNTS, Jr., 224 So. 2d 706 (Fla. Dist. Ct. App. 1969)

. . . 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 . . .

STATE v. REESE,, 222 So. 2d 732 (Fla. 1969)

. . . 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 . . .

NISSINOFF a v. H. HARPER,, 212 So. 2d 666 (Fla. Dist. Ct. App. 1968)

. . . 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 . . .