Florida Statute 386.041 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 386
SANITARY NUISANCES; FLORIDA CLEAN AIR ACT

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F.S. 386.041

386.041 Nuisances injurious to health.—

(1) The following conditions existing, permitted, maintained, kept, or caused by any individual, municipal organization, or corporation, governmental or private, shall constitute prima facie evidence of maintaining a nuisance injurious to health:

(a) Untreated or improperly treated human waste, garbage, offal, dead animals, or dangerous waste materials from manufacturing processes harmful to human or animal life and air pollutants, gases, and noisome odors which are harmful to human or animal life.

(b) Improperly built or maintained septic tanks, water closets, or privies.

(d) Unclean or filthy places where animals are slaughtered.

(e) The creation, maintenance, or causing of any condition capable of breeding flies, mosquitoes, or other arthropods capable of transmitting diseases, directly or indirectly to humans.

(f) Any other condition determined to be a sanitary nuisance as defined in s. 386.01.

(2) The Department of Health, its agents and deputies, or local health authorities are authorized to investigate any condition or alleged nuisance in any city, town, or place within the state, and if such condition is determined to constitute a sanitary nuisance, they may take such action to abate the said nuisance condition in accordance with the provisions of this chapter.

History.—s. 2, ch. 63-64; ss. 19, 35, ch. 69-106; s. 150, ch. 77-147; s. 77, ch. 97-101.

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Amendments to 386.041

Annotations, Discussions, Cases:

Cases Citing Statute 386.041

Total Results: 6

State Ex Rel. Pettengill v. Copelan

466 So. 2d 1133, 10 Fla. L. Weekly 793, 1985 Fla. App. LEXIS 13157

District Court of Appeal of Florida | Filed: Mar 26, 1985 | Docket: 438695

Cited 4 times | Published

generally, 38 Fla.Jur. Nuisances, § 1; also see § 386.041, Florida Statutes. In the present case although

Hines v. Reichhold Chemicals, Inc.

383 So. 2d 948

District Court of Appeal of Florida | Filed: May 20, 1980 | Docket: 1883919

Cited 2 times | Published

Although the complaint does not mention it, Section 386.041(1)(a), Florida Statutes (1977), makes it a

Crane Point Associates, Inc. v. State

805 So. 2d 26, 2001 Fla. App. LEXIS 15269, 2001 WL 1335073

District Court of Appeal of Florida | Filed: Oct 31, 2001 | Docket: 64811742

Published

waste’ on [Crane’s] property which, under section 386.041(1)(a), Florida Statutes ..., is ‘pri-ma facie

State v. Montco Research Products, Inc.

529 So. 2d 826, 13 Fla. L. Weekly 1950, 1988 Fla. App. LEXIS 3712, 1988 WL 84339

District Court of Appeal of Florida | Filed: Aug 18, 1988 | Docket: 64636410

Published

water source. Count III charges a violation of section 386.041 which provides that certain conditions permitted

Marathon Trailerama, Inc. v. Department of Health & Rehabilitative Services

487 So. 2d 73, 11 Fla. L. Weekly 886, 1986 Fla. App. LEXIS 7277

District Court of Appeal of Florida | Filed: Apr 15, 1986 | Docket: 64618773

Published

on the appellant’s property which-, under section 386.041(l)(a), Florida Statutes (1983),3 is “prima

Florida Processing Co. v. State ex rel. Gerstein

277 So. 2d 547, 1973 Fla. App. LEXIS 6740

District Court of Appeal of Florida | Filed: May 22, 1973 | Docket: 64532201

Published

Seaboard Rendering Co. v. Conlon, supra; Fla.Stat. § 386.041(1) (a), F.S.A. Nevertheless, the court was here