Florida Statute 847.09 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 847
OBSCENITY

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F.S. 847.09

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

Arrestable Offenses / Crimes under Fla. Stat. 847.09

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 847.09.

Annotations, Discussions, Cases:

Cases Citing Statute 847.09

Total Results: 4

Ago

Court: Fla. Att'y Gen. | Date Filed: 1986-05-30T00:53:00-07:00

Snippet: of s.847.09(1), F.S. In order to make the application and enforcement of ss. 847.07-847.09 uniform….S., and Ch. 73-120, Laws of Florida (ss.847.07-847.09, F.S.) operate to preempt to the state the area…presentations, I am of the view that ss. 847.013(4) and 847.09(1), F.S., operate to preclude Collier County from…Ch. 73-120, Laws of Florida, creating ss. 847.07-847.09, F.S., indicates that the preemption provision …state preemption of the field in ss. 847.013(4) and 847.09, F.S., Sincerely, Jim Smith Attorney General Prepared

State v. Presley

Court: Fla. Dist. Ct. App. | Date Filed: 1984-11-08T00:00:00-08:00

Citation: 458 So. 2d 847, 9 Fla. L. Weekly 2333, 1984 Fla. App. LEXIS 15802

Snippet: Cobb, Dauksch, Frank 8 November 1984 458 So. 2d 847, 9 Fla. L. Weekly 2333, 1984 Fla. App. LEXIS 15802

City of Miami Springs v. JJT, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 1983-09-13T00:53:00-07:00

Citation: 437 So. 2d 200

Snippet: in Section 847.09, namely, "to make the application and enforcement of ss. 847.07-847.09 uniform throughout…Legislature preempted the field of obscenity in Section 847.09, Florida Statutes (1981). As the City Commission

Leigh v. State ex rel. Kirkpartick

Court: Fla. Dist. Ct. App. | Date Filed: 1974-08-06T00:00:00-07:00

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

Snippet: forward into Florida Statutes 847.-07, 847.08 and 847.09. Kirkpatrick was charged in the County Court in…Chapter 73-120, carried forward as Florida Statute 847.09, specifically limits the application of the act…and presentations.” Section 3 (Florida Statute 847.-09) clearly does not relate to other obscene matters…Chapter 73-120, Laws of Florida (Florida Statute 847.09) limits the abrogation and unenforceability of