§ 26-52. Display of explicit sexual material.

(a)

Authority, purpose, area of enforcement: This section is enacted under the home rule power of the county (Fla. Const. art. VIII, § 1(g) and F.S. ch. 125) for the purpose of prohibiting the open public display of certain explicit sexual materials, in order to protect persons from potential offense through the involuntary exposure to such materials and shall apply in the unincorporated areas of the county.

(b)

Definitions. For the purpose of this section:

(1)

"Explicit sexual material" shall mean any pictorial or three-dimensional material depicting human sexual intercourse, masturbation, sodomy (i.e., bestiality or oral/anal intercourse), direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or emphasizing the depiction of adult human genitals; provided however, that works of art or of anthropological significance shall not be deemed to be within the foregoing definition. In determining whether material is prohibited for public display by this section such material shall be judged without regard to any covering which may be affixed or printed over the material in order to obscure genital areas in a depiction otherwise falling within the definition of this subsection.

(2)

Material is placed upon "public display" if it is placed by the defendant on or in a billboard, viewing screen, theater marquee, newsstand, display rack, window, showcase, display case or similar place so that matter bringing it within the definition of subparagraph (1) of this subsection is easily visible from a sidewalk, curbing or right-of-way of a public thoroughfare, or from the property of others.

(c)

Offense. It shall be unlawful for any person to knowingly place explicit sexual material upon public display, or to knowingly fail to take prompt action to remove such a display from property in his possession after learning of its existence.

(d)

Penalty; injunction:

(1)

Any person who violates this section shall be punished as provided in section 1-9.

(2)

The board of county commissioners or any official charged with the prosecution of ordinances in the county may bring suit to restrain, enjoin or otherwise prevent violation of this section in the circuit court of the county.

(e)

Exception for broadcasts. This section shall not apply to broadcasts or telecasts through facilities licensed under the Federal Communications Act, 47 U.S.C. section 301 et seq.

(Code 1965, § 22-6; Ord. No. 72-3, §§ 1—5, 8-1-72)

State law reference

Local obscenity ordinances preempted, F.S. § 847.09.