Florida Statute 60.05 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 60
INJUNCTIONS

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F.S. 60.05

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.

(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.

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.

F.S. 60.05 on Google Scholar

F.S. 60.05 on Casetext

Amendments to 60.05

Arrestable Offenses / Crimes under Fla. Stat. 60.05

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 60.05.

Annotations, Discussions, Cases:

Cases Citing Statute 60.05

Total Results: 20

Agency for Health Care Administration v. Ybor Medical Injury & Accident Clinic, Inc.

Court: Supreme Court of Florida | Date Filed: 2022-02-24

Snippet: withdraw, restrict, or limit a license. § 120.60(5)-(6), Fla. Stat. Agency- specific statutes might

Osakatukei O. Omulepu, M.D. v. Department of Health, Board of Medicine

Court: District Court of Appeal of Florida | Date Filed: 2018-06-22

Citation: 249 So. 3d 1278

Snippet: 2d 1371, 1372 (Fla. 1st DCA 1996) (quoting § 120.60(5), Fla. Stat.). Here, contrary to Dr. Omulepu’s assertions

Osakatukei O. Omulepu, M.D. v. State of Florida Department of Health

Court: District Court of Appeal of Florida | Date Filed: 2016-08-16

Citation: 198 So. 3d 1046, 2016 Fla. App. LEXIS 12300, 2016 WL 4362407

Snippet: administrative complaint pursuant to section 120.60(5) wherein the licensee is afforded the opportunity

Marvin Castellanos v. Next Door Company

Court: Supreme Court of Florida | Date Filed: 2016-04-28

Citation: 192 So. 3d 431, 41 Fla. L. Weekly Supp. 197, 2016 WL 1700521, 2016 Fla. LEXIS 885

Snippet: 06-07 $478,640,476 39.95% 60.05% 07-08 $459,202,630

Shang v. Florida Department of Health

Court: District Court of Appeal of Florida | Date Filed: 2015-08-19

Citation: 171 So. 3d 829, 2015 Fla. App. LEXIS 12417

Snippet: was properly served by publication. Section 120.60(5), Florida Statutes (2013), permits service by publication

City of Miami v. Haigley, Etc.

Court: District Court of Appeal of Florida | Date Filed: 2014-07-23

Citation: 143 So. 3d 1025, 2014 WL 3610909, 2014 Fla. App. LEXIS 11195

Snippet: Oxygen ... .22.00 (4) Mileage, per mile-6.60 (5) IV solution .... 22.00 (6) Cardiac monitoring

Christian v. Department of Health, Board of Chiropractic Medicine

Court: District Court of Appeal of Florida | Date Filed: 2014-03-12

Citation: 161 So. 3d 416, 2014 WL 941904, 2014 Fla. App. LEXIS 3491

Snippet: accurately describe the test results. Section 120.60(5), Florida Statutes (2005), requires that an administrative

Sanders v. Department of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2013-07-19

Citation: 118 So. 3d 899, 2013 WL 3770841, 2013 Fla. App. LEXIS 11462

Snippet: intended revocation of the foster home license. § 120.60(5), Fla. Stat. Appellants received the notice, requested

Davis Family Day Care Home v. Department of Children & Family Services

Court: District Court of Appeal of Florida | Date Filed: 2013-07-17

Citation: 117 So. 3d 464, 2013 WL 3724769, 2013 Fla. App. LEXIS 11248

Snippet: of [sic] the purposes of section 120.60(5), F.S.” Section 120.60(5) addresses the revocation, suspension

In re Senate Joint Resolution of Legislative Apportionment 2-B

Court: Supreme Court of Florida | Date Filed: 2012-04-27

Citation: 89 So. 3d 872, 37 Fla. L. Weekly Supp. 319, 2012 Fla. LEXIS 834, 2012 WL 1476065

Snippet: 000 people. . FDP District 12 would have voted 60.5% for Sink (D) in the 2010 gubernatorial election

Schimenti v. School Board of Hernando County

Court: District Court of Appeal of Florida | Date Filed: 2011-10-28

Citation: 73 So. 3d 831, 2011 Fla. App. LEXIS 17206

Snippet: be deemed an administrative complaint. Cf. § 120.60(5), Fla. Stat. (2010) (providing agency must serve

Winter Park Imports, Inc. v. JM Family Enterprises

Court: District Court of Appeal of Florida | Date Filed: 2009-12-04

Citation: 24 So. 3d 633, 2009 Fla. App. LEXIS 18722, 2009 WL 4403198

Snippet: Dealer Act's definition of a distributor. Section 320.60(5) provides that unless the context otherwise requires

Ago

Court: Florida Attorney General Reports | Date Filed: 2009-11-24

Snippet: any affected citizen may proceed pursuant to s. 60.05 to enjoin the nuisance and may recover costs and

Guntner v. Jennings

Court: District Court of Appeal of Florida | Date Filed: 2008-04-25

Citation: 980 So. 2d 1185, 2008 WL 1827485

Snippet: governed by Florida Rule of Civil Procedure 1.060.'" [5] Section 47.122, Florida Statutes (2007) provides:

Haines v. Dept. of Children and Families

Court: District Court of Appeal of Florida | Date Filed: 2008-04-11

Citation: 983 So. 2d 602, 2008 Fla. App. LEXIS 5455, 2007 WL 5082522

Snippet: Chapter 120 of the Florida Statutes. Section 120.60(5) states: No revocation, suspension, annulment, or

Bio-Med Plus v. STATE, DEPT. OF HEALTH

Court: District Court of Appeal of Florida | Date Filed: 2005-10-20

Citation: 915 So. 2d 669, 2005 Fla. App. LEXIS 16640, 2005 WL 2662549

Snippet: administrative complaint pursuant to section 120.60(5) wherein the licensee is afforded the opportunity

Ago

Court: Florida Attorney General Reports | Date Filed: 2005-04-05

Snippet: standards. 3 See Rule 69A-3.012(1) and Rule 69A-60.005(2), Fla. Admin. C. See generally s. 633.025(3)

Daube v. Department of Health

Court: District Court of Appeal of Florida | Date Filed: 2005-02-22

Citation: 897 So. 2d 493, 2005 WL 405504

Snippet: administrative complaint pursuant to section 120.60(5) wherein the licensee is afforded the opportunity

Levenson v. McCarty

Court: District Court of Appeal of Florida | Date Filed: 2004-07-07

Citation: 877 So. 2d 818, 2004 WL 1505813

Snippet: appears on the records of the agency. Fla. Stat. § 120.60(5)(2003)(emphasis added). *820 This statute is consistent

Allen v. State

Court: District Court of Appeal of Florida | Date Filed: 2003-07-29

Citation: 850 So. 2d 666, 2003 Fla. App. LEXIS 11405, 2003 WL 21738412

Snippet: relief in Wakulla County Circuit Court case number 60-5-CF, is granted. Upon issuance of mandate in this