Florida Statute 847.09 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 847
OBSCENITY

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847.09 Legislative intent.—

(1) 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 presentations. To that end, it is hereby declared that every county ordinance and every municipal ordinance adopted prior to July 1, 1973, and relating to said subject shall stand abrogated and unenforceable on and after such date and that no county, municipality, or consolidated county-municipal government shall have the power to adopt any ordinance relating to the subject on or after such effective date. If ss. 847.07-847.09 are declared to be illegal, unconstitutional, or otherwise unenforceable, any county or municipal ordinance abrogated before ss. 847.07-847.09 were declared unconstitutional shall be in full force and effect, and each county, municipality, and consolidated county-municipal government shall have the power to adopt ordinances relating to this subject.

(2) Nothing in ss. 847.07-847.09 shall be construed to repeal or in any way supersede the provisions of s. 847.011, s. 847.012, or s. 847.013.

(3) Nothing herein shall be construed to limit the free exercise of free speech or picketing by any organization, group, or individual for the purpose of upholding community standards.

History.—ss. 3, 4, 6, ch. 73-120; s. 5, ch. 2019-45.

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Amendments to 847.09

Annotations, Discussions, Cases:

Cases Citing Statute 847.09

Total Results: 3

City of Miami Springs v. JJT, INC.

437 So. 2d 200

District Court of Appeal of Florida | Filed: Sep 13, 1983 | Docket: 280361

Cited 7 times | Published

Legislature preempted the field of obscenity in Section 847.09, Florida Statutes (1981). As the City Commission

Alexis, Inc. v. Pinellas County, Florida

194 F. Supp. 2d 1336, 2002 U.S. Dist. LEXIS 13794, 2002 WL 509261

District Court, M.D. Florida | Filed: Mar 29, 2002 | Docket: 2475840

Cited 2 times | Published

ordinances' purview are preempted by Florida Statutes section 847.09. Finally, Plaintiffs urge that various provisions

Leigh v. State ex rel. Kirkpartick

298 So. 2d 215, 1974 Fla. App. LEXIS 8875

District Court of Appeal of Florida | Filed: Aug 6, 1974 | Docket: 64540407

Published

3 of Chapter 73-120, carried forward as Florida Statute 847.09, specifically limits the application of

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