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The 2025 Florida Statutes
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F.S. 60.0560.05 Abatement of nuisances.—(1) When any nuisance as defined in s. 823.05 exists, the Attorney General, state attorney, city attorney, county attorney, sheriff, or any citizen of the county may sue in the name of the state on his or her relation to enjoin the nuisance, the person or persons maintaining it, and the owner or agent of the building or ground on which the nuisance exists. (2) The court may allow a temporary injunction without bond on proper proof being made. If it appears by evidence or affidavit that a temporary injunction should be issued, the court, pending the determination on final hearing, may enjoin any of the following:(a) The maintaining of a nuisance. (b) The operating and maintaining of the place or premises where the nuisance is maintained. (c) The owner or agent of the building or ground upon which the nuisance exists. (d) The conduct, operation, or maintenance of any business or activity operated or maintained in the building or on the premises in connection with or incident to the maintenance of the nuisance. The injunction shall specify the activities enjoined and may not preclude the operation of any lawful business not conducive to the maintenance of the nuisance complained of. (3)(a) The defendant shall be given written notice to abate the nuisance within 10 days after the issuance of the notice. The notice must inform the defendant that an application for temporary injunction may be filed if the nuisance is not timely abated. If the nuisance is not timely abated, the defendant must be given a second written notice that informs the defendant that an application for a temporary injunction will be filed if the nuisance is not abated within 15 days after the end of the initial 10-day period. However, if the defendant responds to the first notice in writing within the initial 10-day period, and in such response alleges and provides proof that:1. Nuisance abatement involves compliance with another law of this state and the requirements of such law make nuisance abatement within 10 days impossible; or 2. The terms of an executed contract to perform services necessary to abate the nuisance require more than 10 days to complete, the defendant must be given a second written notice providing the defendant with an extended time period to abate the nuisance sufficient to comply with such other law or contract terms. (b) A second notice sent under paragraph (a) must also provide the location where the application will be filed and the time when it will be filed. If the nuisance is not timely abated as provided in the second notice, the application for the temporary injunction must be filed as indicated in the notice. (c) In addition to the information required under paragraphs (a) and (b), each notice must:1. If applicable, describe the building, booth, tent, or place that is an alleged nuisance. 2. State the activities that led to the nuisance allegations. 3. State the actions necessary to abate the nuisance. 4. State that costs will be assessed if abatement of the nuisance is not completed and if the court determines that the nuisance exists. (d) The notices provided in this subsection must be sent by personal service to the owner at his or her address as it appears on the latest tax assessment roll or to the tenant of such address. If an address is not found for the owner, the notices must be sent to the location of the alleged nuisance and displayed prominently and conspicuously at that location. (4) Evidence of the general reputation of the alleged nuisance and place is admissible to prove the existence of the nuisance. An action filed by a citizen may not be dismissed unless the court is satisfied that it should be dismissed. Otherwise the action shall continue and the state attorney notified to proceed with it. If the action is brought by a citizen and the court finds that there was no reasonable ground for the action, the costs shall be taxed against the citizen. (5) On trial if the existence of a nuisance is shown, the court shall issue a permanent injunction and order the costs to be paid by the persons establishing or maintaining the nuisance and shall adjudge that the costs are a lien on all personal property found in the place of the nuisance and on the failure of the property to bring enough to pay the costs, then on the real estate occupied by the nuisance. A lien may not attach to the real estate of any other than such persons unless a second written notice has been given in accordance with paragraph (3)(a) to the owner or his or her agent who fails to begin to abate the nuisance within the time specified therein. In a proceeding abating a nuisance pursuant to s. 823.10 or s. 823.05, if a tenant has been convicted of an offense under chapter 893 or s. 796.07, the court may order the tenant to vacate the property within 72 hours if the tenant and owner of the premises are parties to the nuisance abatement action and the order will lead to the abatement of the nuisance. (6) If the action was brought by the Attorney General, a state attorney, or any other officer or agency of state government; if the court finds either before or after trial that there was no reasonable ground for the action; and if judgment is rendered for the defendant, the costs and reasonable attorney fees shall be taxed against the state. History.—ss. 2, 3, 4, ch. 7367, 1917; RGS 3223-3226; CGL 5029-5032; s. 1, ch. 20467, 1941; s. 2, ch. 29737, 1955; s. 15, ch. 67-254; s. 1, ch. 71-268; s. 14, ch. 73-334; s. 1, ch. 77-268; s. 8, ch. 87-243; s. 318, ch. 95-147; s. 1, ch. 96-237; s. 31, ch. 2016-24; s. 1, ch. 2020-130. Note.—Former ss. 64.11-64.14.
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Annotations, Discussions, Cases:
Cases Citing Statute 60.05
Total Results: 20
262 So. 2d 881
Supreme Court of Florida | Filed: Apr 5, 1972 | Docket: 1522982
Cited 54 times | Published
maintaining such public nuisance."
Fla. Stat. § 60.05(1), F.S.A., reads as follows:
"When any nuisance
234 So. 2d 665, 42 A.L.R. 3d 632
Supreme Court of Florida | Filed: Apr 22, 1970 | Docket: 1354077
Cited 36 times | Published
its building for Bingo, and, under Fla. Stat. § 60.05(1), F.S.A., brought suit for an injunction against
723 F. Supp. 695, 1989 U.S. Dist. LEXIS 12310, 1989 WL 120556
District Court, S.D. Florida | Filed: Oct 11, 1989 | Docket: 1197703
Cited 25 times | Published
Criminal Offense means:
a. a conviction under § 60.05, Florida Statutes (Nuisance Abatement); or,
b.
522 F.3d 1133, 38 Envtl. L. Rep. (Envtl. Law Inst.) 20083, 66 ERC (BNA) 1225, 2008 U.S. App. LEXIS 6850, 2008 WL 842423
Court of Appeals for the Eleventh Circuit | Filed: Apr 1, 2008 | Docket: 1973323
Cited 22 times | Published
environmental concerns are considered. See 44 C.F.R. § 60.5(b)(2) (imposing the condition that certain communities
341 So. 2d 977
Supreme Court of Florida | Filed: Feb 15, 1977 | Docket: 1724151
Cited 14 times | Published
of public nuisances under the provisions of Section 60.05, Florida Statutes, as amended by Chapter 71-268
429 So. 2d 1241
District Court of Appeal of Florida | Filed: Mar 25, 1983 | Docket: 1667670
Cited 8 times | Published
fees and costs in legal proceedings. See, e.g., § 60.05(5) (actions to abate nuisances); § 61.16 (divorce
295 So. 2d 658
District Court of Appeal of Florida | Filed: Jun 19, 1974 | Docket: 1761866
Cited 8 times | Published
individual, and not in the name of the state under § 60.05 Fla. Stat., F.S.A. In that instance, for there
448 So. 2d 1074
District Court of Appeal of Florida | Filed: Mar 23, 1984 | Docket: 2547049
Cited 6 times | Published
section 380.11. Furthermore, another example is section 60.05(1), Florida Statutes (1981), the public nuisance
338 So. 2d 1324
District Court of Appeal of Florida | Filed: Nov 12, 1976 | Docket: 1511801
Cited 3 times | Published
in §§ 60.05 and 60.06. (emphasis supplied)
Section 60.05(1), Florida Statutes (1975), provides as follows:
319 So. 2d 173
District Court of Appeal of Florida | Filed: Aug 28, 1975 | Docket: 444299
Cited 3 times | Published
project would create a public nuisance pursuant to § 60.05 and 823.05, Florida Statutes. In support of the
726 So. 2d 822, 1999 WL 44336
District Court of Appeal of Florida | Filed: Feb 3, 1999 | Docket: 1307419
Cited 1 times | Published
(Fla.1953). However, under the language of section 60.05, Florida Statutes (1995), any citizen who sues
235 So. 2d 46, 1970 Fla. App. LEXIS 6362
District Court of Appeal of Florida | Filed: May 5, 1970 | Docket: 64514540
Cited 1 times | Published
enjoined as provided in §§ 60.05 and 60.06.” Section 60.05 provides that when any nuisance as defined in
Florida Attorney General Reports | Filed: Nov 24, 2009 | Docket: 3258847
Published
may seek to abate the nuisance pursuant to section 60.05, Florida Statutes.3 Neither Chapter 388, Florida
448 So. 2d 1074, 1984 Fla. App. LEXIS 12361
District Court of Appeal of Florida | Filed: Mar 23, 1984 | Docket: 64604295
Published
section 380.11. Furthermore, another example is section 60.05(1), Florida Statutes (1981), the public nuisance
412 So. 2d 943, 1982 Fla. App. LEXIS 19851
District Court of Appeal of Florida | Filed: Apr 20, 1982 | Docket: 64589361
Published
applicants. An injunction was requested pursuant to section 60.-05(1),1 Florida Statutes (1979) and section 823
289 So. 2d 782, 1974 Fla. App. LEXIS 8144
District Court of Appeal of Florida | Filed: Feb 13, 1974 | Docket: 64537159
Published
The material part of the order states:
2. Section 60.05 of the Florida Statutes [F.S.A.] provides that
260 So. 2d 274, 1972 Fla. App. LEXIS 6963
District Court of Appeal of Florida | Filed: Apr 7, 1972 | Docket: 64525190
Published
, and are subject to injunction under F.S. Section 60.05, F.S.A.
After a preliminary hearing, the trial
257 So. 2d 88, 1972 Fla. App. LEXIS 7331
District Court of Appeal of Florida | Filed: Feb 10, 1972 | Docket: 64524087
Published
unincorporated organizations filed an action under § 60.05 Fla. Stat., F.S.A. to abate a public nuisance.
306 F. Supp. 495, 1969 U.S. Dist. LEXIS 8797
District Court, M.D. Florida | Filed: Oct 15, 1969 | Docket: 66057907
Published
captioned “Complaint Under Florida Statutes, Section 60.05, F.S.A. to Enjoin and Abate a Public Nuisance
213 So. 2d 515, 1968 Fla. App. LEXIS 5164
District Court of Appeal of Florida | Filed: Aug 20, 1968 | Docket: 64506521
Published
60.06.”
. “16. By virtue of Florida Statutes § 60.05 (1967), F.S.A., the Court may enjoin the conduct
