Florida Statute 823.1 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 823
PUBLIC NUISANCES

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F.S. 823.01

823.01 Nuisances; penalty.—All nuisances that tend to annoy the community, injure the health of the citizens in general, or corrupt the public morals are misdemeanors of the second degree, punishable as provided in s. 775.083, except that a violation of s. 823.10 is a felony of the third degree.

History.—s. 47, Feb. 10, 1832; RS 2704; GS 3680; RGS 5624; CGL 7817; s. 932, ch. 71-136; s. 32, ch. 73-334; s. 66, ch. 74-383; s. 1, ch. 75-24; s. 41, ch. 75-298; s. 18, ch. 83-214; s. 3, ch. 2001-57.

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Amendments to 823.01

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 823.01

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

S823.01 - DISTURBING PEACE - PUBLIC NUISANCE - M: S

Cases Citing Statute 823.01

Total Results: 18

Heifetz v. Dept. of Business Regulation

475 So. 2d 1277, 10 Fla. L. Weekly 2142

District Court of Appeal of Florida | Filed: Sep 13, 1985 | Docket: 196375

Cited 76 times | Published

10 and Florida Statute 561.29(1)(c); b. Florida Statute 823.01 and Florida Statute 561.29(1)(a). [2]

Cunningham v. Anchor Hocking Corp.

558 So. 2d 93, 1990 WL 19935

District Court of Appeal of Florida | Filed: Mar 1, 1990 | Docket: 1726292

Cited 33 times | Published

corruption of public morals, as is required by Section 823.01, Florida Statutes. The complaint alleged, rather

Florio v. State Ex Rel. Epperson

119 So. 2d 305, 80 A.L.R. 2d 1117

District Court of Appeal of Florida | Filed: Apr 6, 1960 | Docket: 451293

Cited 24 times | Published

health of the community, * * * as described in § 823.01 * * * shall be deemed guilty of maintaining a

Flo-Sun, Inc. v. Kirk

783 So. 2d 1029, 2001 WL 298917

Supreme Court of Florida | Filed: Mar 29, 2001 | Docket: 1259675

Cited 21 times | Published

two criminal prosecutions for violations of section 823.01, Florida Statutes (1991), which creates a second-degree

City Commission of Fort Pierce v. State Ex Rel. Altenhoff

143 So. 2d 879

District Court of Appeal of Florida | Filed: Jul 25, 1962 | Docket: 1319326

Cited 8 times | Published

the water supply constitutes a nuisance under § 823.01, F.S.A.; that it is injurious to the health of

State v. SCM Glidco Organics Corp.

592 So. 2d 710, 1991 WL 272775

District Court of Appeal of Florida | Filed: Dec 23, 1991 | Docket: 1428625

Cited 3 times | Published

County and both were charged with violations of Section 823.01, Florida Statutes[1], but only *712 Kraft was

Health Clubs, Inc. v. State Ex Rel. Eagan

338 So. 2d 1324

District Court of Appeal of Florida | Filed: Nov 12, 1976 | Docket: 1511801

Cited 3 times | Published

morals or manners of the people as described in § 823.01, or shall be frequented by the class of persons

State v. Davis

838 So. 2d 696, 2003 WL 826013

District Court of Appeal of Florida | Filed: Mar 7, 2003 | Docket: 1513747

Cited 2 times | Published

Here, Davis was charged with violating both section 823.01 of the Florida Statutes and the Seminole County

Kirk v. US Sugar Corp.

726 So. 2d 822, 1999 WL 44336

District Court of Appeal of Florida | Filed: Feb 3, 1999 | Docket: 1307419

Cited 1 times | Published

District held that section 823.01 had been superseded by chapter 403, insofar as section 823.01 might apply

State ex rel. Brown v. Sussman

235 So. 2d 46, 1970 Fla. App. LEXIS 6362

District Court of Appeal of Florida | Filed: May 5, 1970 | Docket: 64514540

Cited 1 times | Published

morals or manners of the people as described in § 823.01, or shall be frequented by the class of person

Hoefling v. City of Miami

876 F. Supp. 2d 1321, 2012 U.S. Dist. LEXIS 99281, 2012 WL 2872762

District Court, S.D. Florida | Filed: Jul 13, 2012 | Docket: 65983107

Published

officers as specified in s. 327.70.” Fla Stat. § 823.1 l(3)(a). Florida Statute Section 327.70 refers

Bordo, Inc. v. State

627 So. 2d 561, 1993 Fla. App. LEXIS 11935, 1993 WL 492540

District Court of Appeal of Florida | Filed: Dec 1, 1993 | Docket: 64744394

Published

suspected violation is a misdemeanor. . See § 823.01, Fla.Stat. (1991). Violations of this statute

In re Grand Jury Presentment

548 So. 2d 721, 14 Fla. L. Weekly 1792, 16 Media L. Rep. (BNA) 2204, 1989 Fla. App. LEXIS 4456

District Court of Appeal of Florida | Filed: Aug 2, 1989 | Docket: 64644807

Published

and creating odor nuisances, in violation of section 823.01, Florida Statutes, and section 376.110, Jacksonville

Thompson v. State

392 So. 2d 1317, 1981 Fla. LEXIS 2534

Supreme Court of Florida | Filed: Jan 15, 1981 | Docket: 64579966

Published

Charlotte County Court which held constitutional section 823.01(2), Florida Statutes (1975). This Court has

State ex rel. Shevin v. Morgan

289 So. 2d 782, 1974 Fla. App. LEXIS 8144

District Court of Appeal of Florida | Filed: Feb 13, 1974 | Docket: 64537159

Published

Section 823.05 as read in para materia with Section 823.-01, Florida Statutes, F.S.A., 1971 sufficient

Sawyer v. Robbins

213 So. 2d 515, 1968 Fla. App. LEXIS 5164

District Court of Appeal of Florida | Filed: Aug 20, 1968 | Docket: 64506521

Published

morals or manners of the people as described in § 823.01, or shall be frequented by the class of persons

Central Theatres, Inc. v. State ex rel. Braren

161 So. 2d 558

District Court of Appeal of Florida | Filed: Feb 21, 1964 | Docket: 60219931

Published

morals or manners of the people as described in § 823.01, or shall be frequented by the class of persons

State Ex Rel. Hardin v. Walker

39 So. 2d 798, 1949 Fla. LEXIS 1324

Supreme Court of Florida | Filed: Apr 12, 1949 | Docket: 3276381

Published

maintenance of them is an indictable offense, Section 823.01. The question here presented turns on the authority