Florida Statute 847.134 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 847
OBSCENITY

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F.S. 847.0134

847.0134 Prohibition of adult entertainment establishment that displays, sells, or distributes materials harmful to minors within 2,500 feet of a school.—

(1) Except for those establishments that are legally operating or have been granted a permit from a local government to operate as adult entertainment establishments on or before July 1, 2001, an adult entertainment establishment that sells, rents, loans, distributes, transmits, shows, or exhibits any obscene material, as described in s. 847.0133, or presents live entertainment or a motion picture, slide, or other exhibit that, in whole or in part, depicts nudity, sexual conduct, sexual excitement, sexual battery, sexual bestiality, or sadomasochistic abuse and that is harmful to minors, as described in s. 847.001, may not be located within 2,500 feet of the real property that comprises a public or private elementary school, middle school, or secondary school unless the county or municipality approves the location under proceedings as provided in s. 125.66(5) for counties or s. 166.041(3)(c) for municipalities.

(2) A violation of this section constitutes a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.

History.—s. 2, ch. 2001-177; s. 14, ch. 2023-309.

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Amendments to 847.0134

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 847.0134

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

S847.0134 1 - PUBLIC ORDER CRIMES - ADULT ENTERTAIN ESTAB WIN 2500 FT OF SCHOOL - F: T

Cases Citing Statute 847.0134

Total Results: 4

State v. Murphy

124 So. 3d 323, 2013 WL 5567495

District Court of Appeal of Florida | Filed: Oct 9, 2013 | Docket: 60235450

Cited 12 times | Published

is separately established and defined in section 847.134(4)(b), and is designated a second degree felony

Jacksonville Property Rights Ass'n v. City of Jacksonville

635 F.3d 1266, 2011 U.S. App. LEXIS 6031, 2011 WL 1085629

Court of Appeals for the Eleventh Circuit | Filed: Mar 25, 2011 | Docket: 1446020

Cited 2 times | Published

relevant county or city government. Fla. Stat. § 847.0134(1). [6] We refer to the City's various land

Red-Eyed Jack, Inc. v. City of Daytona Beach

322 F. Supp. 2d 1361, 2004 U.S. Dist. LEXIS 12223, 2004 WL 1444723

District Court, M.D. Florida | Filed: Jun 1, 2004 | Docket: 2435073

Cited 2 times | Published

regard to the route of normal travel. Second, Section 847.0134, Florida Statutes, provides in pertinent part

Alan Lynsdale Hamilton v. State of Florida

163 So. 3d 1277

District Court of Appeal of Florida | Filed: May 26, 2015 | Docket: 2659822

Published

person believed to be his or her parent under section 847.0134(4)(b), do not amount to double jeopardy.