The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES

Chapter 847
OBSCENITY

View Entire Chapter

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 from cite.case.law:

HAMILTON, v. STATE, 163 So. 3d 1277 (Fla. Dist. Ct. App. 2015)

. . . traveling to meet a minor after soliciting a person believed to be his or her parent under section 847.0134 . . .

JACKSONVILLE PROPERTY RIGHTS ASSOCIATION, INC. a a d. b. a. a d. b. a. v. CITY OF JACKSONVILLE, FL, a, 635 F.3d 1266 (11th Cir. 2011)

. . . . § 847.0134(1). . . . .

RED- EYED JACK, INC. a v. CITY OF DAYTONA BEACH, a a s, v. a, 322 F. Supp. 2d 1361 (M.D. Fla. 2004)

. . . Second, Section 847.0134, Florida Statutes, provides in pertinent part that “an adult entertainment establishment . . . A violation of Section 847.0134 constitutes a third-degree felony. . . . In addition, the Court reiterates its conclusion that the Flag-Shaped Lot runs afoul of Section 847.0134 . . . The City argues that it met the requirements of Section 847.0134 for “approving” the Flag-Shaped Lot . . . zoning ordinance that permits adult uses would demonstrate the necessary “approval” and trump Section 847.0134 . . .