Florida Statute 386.03 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 386
SANITARY NUISANCES; FLORIDA CLEAN AIR ACT

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F.S. 386.03

386.03 Notice to remove nuisances; authority of Department of Health and local health authorities.—

(1) The Department of Health, upon determining the existence of anything or things herein declared to be nuisances by law, shall notify the person or persons committing, creating, keeping, or maintaining the same, to remove or cause to be removed, the same within 24 hours, or such other reasonable time as may be determined by the department, after such notice be duly given.

(2) If the sanitary nuisance condition is not removed by such person or persons within the time prescribed in said notice, the department, its agents or deputies or local health authorities, may within the county where the nuisance exists, remove, cause to remove, or prevent the continuing sanitary nuisance condition in the following manner:

(a) Undertake required correctional procedures, including the removal of same if necessary; the cost or expense of such removal or correctional procedures shall be paid by the person or persons committing, creating, keeping, or maintaining such nuisances; and if the said cost and expense thus accruing shall not be paid within 10 days after such removal, the same shall be collected from the person or persons committing, creating, keeping, or maintaining such nuisances, by suit at law; but this paragraph shall not authorize the department to alter, change, demolish, or remove any machinery, equipment, or facility designed or used for the processing or disposing of liquid or smoke effluent of a manufacturing plant.

(b) Institute criminal proceedings in the county court in the jurisdiction of which the condition exists against all persons failing to comply with notices to correct sanitary nuisance conditions as provided in this chapter.

(d) Institute administrative proceedings authorized by the department as set forth in s. 381.0061.

History.—s. 12, ch. 4346, 1895; GS 1155; RGS 2159; CGL 3388; s. 1, ch. 63-64; ss. 19, 35, ch. 69-106; s. 1, ch. 77-119; s. 149, ch. 77-147; s. 5, ch. 80-351; s. 53, ch. 91-297; s. 76, ch. 97-101.

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Amendments to 386.03

Arrestable Offenses / Crimes under Fla. Stat. 386.03

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 386.03.

Annotations, Discussions, Cases:

Cases Citing Statute 386.03

Total Results: 10

Macchione v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-10-11

Citation: 123 So. 3d 114, 2013 WL 5575560, 2013 Fla. App. LEXIS 16195

Snippet: four categories listed in Colder v. Bull, 3 U.S. 386, 3 Dall. 386, 1 L.Ed. 648 (1798)); see also Collins

Lee v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-12-29

Citation: 51 So. 3d 1182, 2010 Fla. App. LEXIS 19816, 2010 WL 5348731

Snippet: facto doctrine discussed in Calder v. Bull, 3 U.S. 386, 3 Dall. 386, 1 L.Ed. 648 (1798), of the 2001 amendment

State v. Dionne

Court: District Court of Appeal of Florida | Date Filed: 2002-03-15

Citation: 814 So. 2d 1087, 2002 WL 396766

Snippet: Ed.2d 577 (2000) (citing Calder v. Bull, 3 U.S. 386, 3 Dall. 386, 1 L.Ed. 648 (1798)); Glendening v. State

Ago

Court: Florida Attorney General Reports | Date Filed: 1979-09-28

Snippet: 152 (Fla. 1932); In re Estate of Horner,188 So.2d 386 (3 D.C.A. Fla., 1966); and Vocelle v. Knight Bros

Rubin v. State

Court: District Court of Appeal of Florida | Date Filed: 1979-02-13

Citation: 368 So. 2d 69

Snippet: So.2d 120 (Fla. 1956); Calder v. Bull, 3 Dall. 386, 3 U.S. 386, 1 L.Ed. 648 (1798). Here the time was

Ago

Court: Florida Attorney General Reports | Date Filed: 1977-10-25

Snippet: 709 (Fla. 1958); In Re Horners Estate, 188 So.2d 386 (3 D.C.A. Fla., 1966). Such a construction cannot

Russell v. Community Blood Bank, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1966-04-22

Citation: 185 So. 2d 749, 1966 Fla. App. LEXIS 5294

Snippet: Frumer and Friedman, supra, Sec. 16.03 [4], p. 386.3; but see Green v. American Tobacco Co., Fla. 1963

State Ex Rel. Shargaa v. Culver

Court: Supreme Court of Florida | Date Filed: 1959-06-26

Citation: 113 So. 2d 383

Snippet: whether the offense condemned by Section 832.05 *386 (3) could amount to a felony if the property received

Willis v. Hathaway

Court: Supreme Court of Florida | Date Filed: 1928-03-28

Citation: 117 So. 89, 95 Fla. 608

Snippet: Rem., Sec. 92; State ex rel. v. McGrath, 91 Mo. 386, 3 S.W. 846; Douglass v. Commonwealth108 Pa. 559;

State ex rel. Bash v. County Commissioners

Court: Supreme Court of Florida | Date Filed: 1884-01-15

Citation: 20 Fla. 425

Snippet: Legislature. 2 Pet., 662; 4 Dall., 14; 2 Cranch, 33; id., 386; 3 How., 565. Courts in construing a statute ' should