CopyCited 7 times | Published | Florida 3rd District Court of Appeal
...2, it is certainly arguable that even though such expression may be prohibited in bars and saloons, such prohibition should be supported by a higher quantum of proof. [3] We note that J.J.T. made no attack upon the ordinance on the ground that the Legislature preempted the field of obscenity in Section 847.09, Florida Statutes (1981)....
...instead reaches sex-related activities in liquor establishments whether obscene or not. Proof that one violated the ordinance would not require an inquiry into whether the performance or activity was obscene, and the legislative purpose announced in Section
847.09, namely, "to make the application and enforcement of ss.
847.07-
847.09 uniform throughout the state," would not be offended by the city ordinance....
CopyCited 2 times | Published | District Court, M.D. Florida | 2002 U.S. Dist. LEXIS 13794, 2002 WL 509261
...tiffs' businesses and that such entries were warrantless searches in violation of the Fourth Amendment. Attacking the ordinances themselves, Plaintiffs argue that the subjects included within the ordinances' purview are preempted by Florida Statutes section 847.09....
...Under such circumstances, the Plaintiffs possess standing to assert the claims raised in this action. Cf. Leverett v. City of Pinellas Park,
775 F.2d 1536, 1539 (11th Cir.1985). B. Plaintiffs initially contend that the enforcement provisions of the ordinances are preempted by Florida Statutes section
847.09, which provides in pertinent part: In order to make the application and enforcement of ss.
847.07
847.09 uniform throughout the state, it is the intent of the Legislature to preempt the field, to the exclusion of counties and municipalities, insofar as it concerns exposing persons over 17 years of age to harmful motion pictures, exhibitions, shows, representations, and presentation....
...to July 1, 1973, and relating to said subject shall stand abrogated and unenforceable on and after such date and that no county, ... shall have the power to adopt any ordinance relating to the subject on or after such effective date. Fla. Stat. ch. 847.09(1)....
