Florida Statutes
Fla. Stat. § 386.041 (2025)
Nuisances injurious to health.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
(c) The keeping of diseased animals dangerous to human health.
(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.
Notes of Decisions
Cited in 7
cases, 1973–2001 · leading case: State Ex Rel. Pettengill v. Copelan, 466 So. 2d 1133 (Fla. 1st DCA 1985).
State Ex Rel. Pettengill v. Copelan, 466 So. 2d 1133 (Fla. 1st DCA 1985). “Nuisances, § 1; also see § 386.041, Florida Statutes. In the present case although the prior administrative order suggested that appellee had created certain pollutants in, and altered the contours of, the lake, no finding (other than trespass) was made as to the impact which…”
Marathon Trailerama, Inc. v. Dep't of Health & Rehabilitative Servs., 487 So. 2d 73 (Fla. 3d DCA 1986). “Section 386.041 provides: Nuisances injurious to health.”
Hines v. Reichhold Chemicals, Inc., 383 So. 2d 948 (Fla. 1st DCA 1980). “*952 Although the complaint does not mention it, Section 386.041(1)(a), Florida Statutes (1977), makes it a misdemeanor to permit or cause the emission of gases and noisome odors which are harmful to human or animal life.”
Crane Point Assocs., Inc. v. State, 805 So. 2d 26 (Fla. 3d DCA 2001). “human waste’ on [Crane’s] property which, under section 386.041(1)(a), Florida Statutes .”
Tampa Farm Serv., Inc. v. Pasco Cnty., 37 Fla. Supp. 2d 102 (Fla. Cir. Ct. 1989). “14(4) mimics the conditions listed in sub-sections (a)-(f) of 386.041(1) except that 823.14(4)(a) does not contain condition (e) of 386.”
State v. Montco Rsch. Prods., Inc., 529 So. 2d 826 (Fla. 5th DCA 1988). “§ 386.041, Fla.Stat. (1983). . §§ 403.161(l)(a) and (3), Fla.”
Florida Processing Co. v. State ex rel. Gerstein, 277 So. 2d 547 (Fla. 3d DCA 1973). “Presumably, other businessmen will be willing to earn that profit if appellant fails to abate the public nuisance that the court has found to exist. Metropolitan Dade County is charged with the duty of maintaining health protection services in the unincorporated areas of Dade…”
— 386.041(1) — 2 cases
Tampa Farm Serv., Inc. v. Pasco Cnty., 37 Fla. Supp. 2d 102 (Fla. Cir. Ct. 1989). “14(4) mimics the conditions listed in sub-sections (a)-(f) of 386.041(1) except that 823.14(4)(a) does not contain condition (e) of 386.”
Florida Processing Co. v. State ex rel. Gerstein, 277 So. 2d 547 (Fla. 3d DCA 1973). “Presumably, other businessmen will be willing to earn that profit if appellant fails to abate the public nuisance that the court has found to exist. Metropolitan Dade County is charged with the duty of maintaining health protection services in the unincorporated areas of Dade…”
— 386.041(1)(a) — 2 cases
Hines v. Reichhold Chemicals, Inc., 383 So. 2d 948 (Fla. 1st DCA 1980). “*952 Although the complaint does not mention it, Section 386.041(1)(a), Florida Statutes (1977), makes it a misdemeanor to permit or cause the emission of gases and noisome odors which are harmful to human or animal life.”
Crane Point Assocs., Inc. v. State, 805 So. 2d 26 (Fla. 3d DCA 2001). “human waste’ on [Crane’s] property which, under section 386.041(1)(a), Florida Statutes .”
— 386.041(2) — 1 case
Crane Point Assocs., Inc. v. State, 805 So. 2d 26 (Fla. 3d DCA 2001). “human waste’ on [Crane’s] property which, under section 386.041(1)(a), Florida Statutes .”
— 386.041(l)(a) — 1 case
Marathon Trailerama, Inc. v. Dep't of Health & Rehabilitative Servs., 487 So. 2d 73 (Fla. 3d DCA 1986). “Section 386.041 provides: Nuisances injurious to health.”
— 386.041(l)(b) — 1 case
Marathon Trailerama, Inc. v. Dep't of Health & Rehabilitative Servs., 487 So. 2d 73 (Fla. 3d DCA 1986). “Section 386.041 provides: Nuisances injurious to health.”
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