60.05
Abatement of nuisances.
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
60.05 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.
Notes of Decisions
Cited in 22
cases, 1968–1999 · leading case: Orlando Sports Stadium, Inc. v. State Ex Rel. Powell
Orlando Sports Stadium, Inc. v. State Ex Rel. Powell (1972)
“" Fla. Stat. § 60.05 (1), F.S.A., reads as follows: "When any nuisance as defined in § 823.”
Odom v. Deltona Corp. (1977)
“SHEVIN, as Attorney *992 General and Chief Legal Officer of the State, is authorized to seek abatement of public nuisances under the provisions of Section 60.05, Florida Statutes, as amended by Chapter 71-268, Laws of Florida, 1971, and Section 823.”
State Ex Rel. Gardner v. Sailboat Key (1974)
“[2] A different rule applies where one seeking to enjoin a public nuisance proceeds as an individual, and not in the name of the state under § 60.05 Fla. Stat., F.S.A. In that instance, for there to be standing to so proceed, it must be shown that the complaining individual has…”
Greater Loretta Imp. Ass'n v. State Ex Rel. Boone (1970)
“" Appellee, a private citizen, protested against appellant's using its building for Bingo, and, under Fla. Stat. § 60.05 (1), F.S.A., brought suit for an injunction against appellant in the name of the State.”
State Ex Rel. Shevin v. Tampa Electric Company (1974)
“In any case, the existence of such "practicalities," of itself, is surely not a ground for either dismissal of the action or for the invocation of the "primary jurisdiction" doctrine as we understand it to be.”
Movie & Video World, Inc. v. Board of County Commissioners (1989)
“a conviction under § 60.05, Florida Statutes (Nuisance Abatement); or, b.”
State Ex Rel. Shevin v. INDICO CORPORATION (1975)
“The amended complaint alleged that the construction of Indico Corporation's Pinnacle Port Condominium project would create a public nuisance pursuant to § 60.05 and 823.05, Florida Statutes. In support of the allegation of public nuisance, the complaint alleged violation of…”
State ex rel. State Attorney for the Twelfth Judicial Circuit v. General Development Corp. (1984)
“The unambiguous emphasis in these sections is on DER's authority to act on behalf of the state.”
City of Venice v. Valente (1983)
“, § 60.05(5) (actions to abate nuisances); § 61.”
State ex rel. Brown v. Sussman (1970)
“Stat. 1 , F.S.A., provides that one who maintains, owns, or leases a building which tends to annoy the community or injure the health of the community shall be deemed guilty of maintaining a nuisance.”
Health Clubs, Inc. v. State Ex Rel. Eagan (1976)
“All such places or persons shall be *1327 abated or enjoined as provided in §§ 60.05 and 60.06. (emphasis supplied) Section 60.”
Kirk v. US Sugar Corp. (1999)
“However, under the language of section 60.05, Florida Statutes (1995), any citizen who sues in the name of the state to enjoin a public nuisance need not show that he or she has sustained or will sustain special damages or injury different in kind from injury to the public at…”
— 60.05(1) — 5 cases
State Ex Rel. Gardner v. Sailboat Key (1974)
“[2] A different rule applies where one seeking to enjoin a public nuisance proceeds as an individual, and not in the name of the state under § 60.05 Fla. Stat., F.S.A. In that instance, for there to be standing to so proceed, it must be shown that the complaining individual has…”
State ex rel. State Attorney for the Twelfth Judicial Circuit v. General Development Corp. (1984)
“The unambiguous emphasis in these sections is on DER's authority to act on behalf of the state.”
Health Clubs, Inc. v. State Ex Rel. Eagan (1976)
“All such places or persons shall be *1327 abated or enjoined as provided in §§ 60.05 and 60.06. (emphasis supplied) Section 60.”
GM Drug Co. v. Taylor (1982)
— 60.05(2) — 1 case
Mitchum v. State (1971)
— 60.05(5) — 1 case
City of Venice v. Valente (1983)
“, § 60.05(5) (actions to abate nuisances); § 61.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.