Florida Statutes
Fla. Stat. § 823.01 (2025)
Nuisances; penalty.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
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.
Arrestable Offenses under F.S. 823.01
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§823.01DISTURBING PEACEPUBLIC NUISANCE
Notes of Decisions
Cited in 21
cases (2 in the last 5 years), 1960–2023 · leading case: Flo-Sun, Inc. v. Kirk, 783 So. 2d 1029 (Fla. 2001).
Flo-Sun, Inc. v. Kirk, 783 So. 2d 1029 (Fla. 2001). “Finally, and of critical importance, the enactment of Florida's Right to Farm Act, section 823.14, Florida Statutes (1995) (hereinafter "Farm Act"), provides a solid basis for the conclusion that chapter 403 was not intended to supersede chapter 823.”
State v. SCM Glidco Organics Corp., 592 So. 2d 710 (Fla. 1st DCA 1991). “[3] See Historical Note, Fla. Stat. Ann. § 823.01 (West 1976). [4] Section 823.”
Cunningham v. Anchor Hocking Corp., 558 So. 2d 93 (Fla. 1st DCA 1990). “In Count IV, appellants alleged that appellees' actions rendered the plant a "public nuisance inconsistent with the interest common to the general public in public safety"; however, they failed to allege injury to "the health of the citizens in general" or corruption of public…”
In Re Methyl Tertiary Butyl Ether (\MTBE\") Prods. Liab. Litig.", 175 F. Supp. 2d 593 (S.D.N.Y. 2001). “A "public nuisance” is further defined as “[a nuisance] which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.”
Thompson v. State, 392 So. 2d 1317 (Fla. 1981). “This is a direct appeal from the Charlotte County Court which held constitutional section 823.01(2), Florida Statutes (1975).”
Florio v. State Ex Rel. Epperson, 119 So. 2d 305 (Fla. 2d DCA 1960). “Whoever shall erect, establish, continue, or maintain, own or lease any building, booth, tent or place which tends to annoy the community or injure the health of the community, * * * as described in § 823.01 * * * shall be deemed guilty of maintaining a nuisance, and the…”
State v. Davis, 838 So. 2d 696 (Fla. 5th DCA 2003). “Here, Davis was charged with violating both section 823.01 of the Florida Statutes and the Seminole County Code, each of which qualifies as being "any other state or local law, rule or regulation.”
City Comm'n of Fort Pierce v. State Ex Rel. Altenhoff, 143 So. 2d 879 (Fla. 2d DCA 1962). “" The complaint further alleged that the above described fluoridation of the water supply constitutes a nuisance under § 823.01, F.S.A.; that it is injurious to the health of those citizens supplied by the water system, particularly the relator and his family; that the ingestion…”
Bordo, Inc. v. State, 627 So. 2d 561 (Fla. 4th DCA 1993). “See § 823.01, Fla.Stat. (1991). Violations of this statute are also misdemeanors.”
Health Clubs, Inc. v. State Ex Rel. Eagan, 338 So. 2d 1324 (Fla. 4th DCA 1976). “ Whoever shall erect, establish, continue, or maintain, own or lease any building, booth, tent or place which tends to annoy the community or injure the health of the community, or become manifestly injurious to the morals or manners of the people as described in § 823.01, or…”
Kirk v. US Sugar Corp., 726 So. 2d 822 (Fla. 4th DCA 1999). “1st DCA 1991), where the First District held that section 823.01 had been superseded by chapter 403, insofar as section 823.”
State v. T.B.D., 638 So. 2d 165 (Fla. 1st DCA 1994). “), criminal nuisance (§ 823.01, Fla.Stat.), failure to control or report a dangerous fire (§ 877.”
— 823.01(2) — 1 case
Thompson v. State, 392 So. 2d 1317 (Fla. 1981). “This is a direct appeal from the Charlotte County Court which held constitutional section 823.01(2), Florida Statutes (1975).”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.