Florida Statute 847.0134 | Lawyer Caselaw & Research

The 2024 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.

F.S. 847.0134 on Google Scholar

F.S. 847.0134 on Casetext

Amendments to 847.0134

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

Annotations, Discussions, Cases:

Cases Citing Statute 847.0134

Total Results: 2

Alan Lynsdale Hamilton v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2015-05-26

Citation: 163 So. 3d 1277

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

State v. Murphy

Court: District Court of Appeal of Florida | Date Filed: 2013-10-09

Citation: 124 So. 3d 323, 2013 WL 5567495

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