Florida Statute 823.5 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 823
PUBLIC NUISANCES

View Entire Chapter

F.S. 823.05

823.05 Places and groups engaged in certain activities declared a nuisance; abatement and enjoinment.—

(1) A person who erects, establishes, continues, maintains, owns, or leases any of the following is deemed to be maintaining a nuisance, and the building, erection, place, tent, or booth, and the furniture, fixtures, and contents of such structure, are declared a nuisance, and all such places or persons shall be abated or enjoined as provided in ss. 60.05 and 60.06:

(a) A building, booth, tent, or place that tends to annoy the community or injure the health of the community, or becomes manifestly injurious to the morals or manners of the people as provided in s. 823.01.

(b) A house or place of prostitution, assignation, or lewdness.

(d) A place where any law of the state is violated.

(2)(a) As used in this subsection, the terms “criminal gang,” “criminal gang member,” “criminal gang associate,” and “criminal gang-related activity” have the same meanings as provided in s. 874.03.

(b) A criminal gang, criminal gang member, or criminal gang associate who engages in the commission of criminal gang-related activity is a public nuisance. All such persons shall be abated or enjoined as provided in ss. 60.05 and 60.06.

(c) The use of a location by a criminal gang, criminal gang members, or criminal gang associates for the purpose of engaging in criminal gang-related activity is a public nuisance. Such use of a location as a public nuisance shall be abated or enjoined as provided in ss. 60.05 and 60.06.

(d) This subsection does not prevent a local governing body from adopting and enforcing laws consistent with this chapter relating to criminal gangs and gang violence. Where local laws duplicate or supplement this chapter, this chapter shall be construed as providing alternative remedies and not as preempting the field.

(e) The state, through the Department of Legal Affairs or any state attorney, or any of the state’s agencies, instrumentalities, subdivisions, or municipalities having jurisdiction over conduct in violation of a provision of this chapter may institute civil proceedings under this subsection. In any action brought under this subsection, the circuit court shall proceed as soon as practicable to the hearing and determination. Pending final determination, the circuit court may at any time enter such injunctions, prohibitions, or restraining orders, or take such actions, including the acceptance of satisfactory performance bonds, as the court may deem proper.

(3) A massage establishment as defined in s. 480.033 which operates in violation of s. 480.043(14)(a) or (f), s. 480.0475, or s. 480.0535(2) is declared a nuisance and may be abated or enjoined as provided in ss. 60.05 and 60.06.

(4)(a) Any place or premises that has been used on more than two occasions within a 6-month period as the site of any of the following violations is declared a nuisance and may be abated or enjoined as provided in ss. 60.05 and 60.06:

1. Section 812.019, relating to dealing in stolen property.

2. Section 784.011, s. 784.021, s. 784.03, or s. 784.045, relating to assault and battery.

3. Section 810.02, relating to burglary.

4. Section 812.014, relating to theft.

5. Section 812.131, relating to robbery by sudden snatching.

(b) Notwithstanding any other law, a rental property that is declared a nuisance under this subsection may not be abated or subject to forfeiture under the Florida Contraband Forfeiture Act if the nuisance was committed by someone other than the owner of the property and the property owner commences rehabilitation of the property within 30 days after the property is declared a nuisance and completes the rehabilitation within a reasonable time thereafter.

History.—s. 1, ch. 7367, 1917; RGS 5639; CGL 7832; s. 24, ch. 57-1; s. 66, ch. 74-383; s. 1, ch. 75-24; s. 41, ch. 75-298; s. 4, ch. 2008-238; s. 5, ch. 2013-212; s. 2, ch. 2020-130; s. 21, ch. 2021-143; s. 9, ch. 2024-148.

F.S. 823.05 on Google Scholar

F.S. 823.05 on CourtListener

Amendments to 823.05

Annotations, Discussions, Cases:

Cases Citing Statute 823.05

Total Results: 36

Orlando Sports Stadium, Inc. v. State Ex Rel. Powell

262 So. 2d 881

Supreme Court of Florida | Filed: Apr 5, 1972 | Docket: 1522982

Cited 54 times | Published

60 as applied to them in this case. Fla. Stat. § 823.05, F.S.A., provides, inter alia, that "Whoever shall

Demetree v. State Ex Rel. Marsh

89 So. 2d 498

Supreme Court of Florida | Filed: Sep 12, 1956 | Docket: 1257675

Cited 47 times | Published

was obtained pursuant to the provisions of Section 823.05, Florida Statutes, F.S.A., which defines as

State Ex Rel. Giblin v. Sullivan

26 So. 2d 509, 157 Fla. 496, 1946 Fla. LEXIS 780

Supreme Court of Florida | Filed: May 28, 1946 | Docket: 3261709

Cited 40 times | Published

of Florida under the terms and provisions of Section 823.05, Fla. Stats. 1941 (FSA), and made a nuisance

Greater Loretta Imp. Ass'n v. State Ex Rel. Boone

234 So. 2d 665, 42 A.L.R. 3d 632

Supreme Court of Florida | Filed: Apr 22, 1970 | Docket: 1354077

Cited 36 times | Published

engaged in violation of law" under Fla. Stat. § 823.05, F.S.A. In response, appellant asserted that:

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

stated a cause of action under section 64.11 and section 823.05, Florida Statutes, F.S.A., which motion the

Boynton v. State

64 So. 2d 536, 1953 Fla. LEXIS 1199

Supreme Court of Florida | Filed: Apr 7, 1953 | Docket: 1388681

Cited 22 times | Published

supervisor, deputy sheriff, or other police officer. Section 823.05, F.S.A. makes the maintenance of a gambling

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

Respondents' claims were based on violations of section 823.05, Florida Statutes (1995), and because the claims

State Ex Rel. Shevin v. Tampa Electric Company

291 So. 2d 45, 4 P.U.R.4th 393

District Court of Appeal of Florida | Filed: Jan 16, 1974 | Docket: 2571868

Cited 15 times | Published

pollution." [Emphasis added.] [9] See, e.g., § 823.05 n. 1 supra. [10] See, e.g., n. 7 supra. [11]

Odom v. Deltona Corp.

341 So. 2d 977

Supreme Court of Florida | Filed: Feb 15, 1977 | Docket: 1724151

Cited 14 times | Published

Chapter 71-268, Laws of Florida, 1971, and Section 823.05, Florida Statutes, this public nuisance being

Boynton v. State Ex Rel. Mincer

75 So. 2d 211

Supreme Court of Florida | Filed: Oct 22, 1954 | Docket: 474922

Cited 7 times | Published

lottery and bookmaking business contrary to Section 823.05, F.S.A. A motion to dismiss the complaint was

Sarasota County Anglers Club, Inc. v. Burns

193 So. 2d 691

District Court of Appeal of Florida | Filed: Jan 17, 1967 | Docket: 1304797

Cited 5 times | Published

application limited to those cases referred to in Section 823.05, Florida Statutes, F.S.A. Further we must agree

Losey v. State Ex Rel. Giblin

28 So. 2d 604, 158 Fla. 381, 1947 Fla. LEXIS 523

Supreme Court of Florida | Filed: Jan 3, 1947 | Docket: 3272366

Cited 4 times | Published

community in any way." It will be observed that Section 823.05, F.S.A. defines a nuisance as "any house or

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

sufficient to withstand a motion to dismiss. Section 823.05, Florida Statutes (1975), provides: "Places

State Ex Rel. Shevin v. INDICO CORPORATION

319 So. 2d 173

District Court of Appeal of Florida | Filed: Aug 28, 1975 | Docket: 444299

Cited 3 times | Published

abate an alleged public nuisance as defined by § 823.05, Florida Statutes. We agree. § 60.05 provides

State v. Warren

558 So. 2d 55, 1990 WL 3233

District Court of Appeal of Florida | Filed: Jan 19, 1990 | Docket: 1404794

Cited 2 times | Published

Ch. 7367, § 1, Laws of Fla. (1917) (currently § 823.05, Fla. Stat. (1987)).

Windward Marina, LLC v. City of Destin

743 So. 2d 635, 1999 Fla. App. LEXIS 15147, 1999 WL 1037256

District Court of Appeal of Florida | Filed: Nov 17, 1999 | Docket: 1670254

Cited 1 times | Published

often be dependent upon the facts presented. See § 823.05, Fla. Stat. (1997)(defining a public nuisance

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

Defendants maintain a public nuisance as defined in section 823.05, Florida Statutes (1995), by engaging in the

Cowan v. PEOPLE EX REL. FLA. DENTAL ASS'N

463 So. 2d 285

District Court of Appeal of Florida | Filed: Feb 27, 1985 | Docket: 449079

Cited 1 times | Published

individually and the P.A., alleging nuisance under Section 823.05, Florida Statutes (1983). The complaint was

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

necessarily a nuisance within the meaning of * * * section [823.05 Fla. Stat.].” Sawyer v. Robbins, Fla.App. 1968

Manatee County v. J. Richard Kaiser Enterprises, Inc.

874 So. 2d 38, 2004 WL 1057641

District Court of Appeal of Florida | Filed: May 7, 2004 | Docket: 1738098

Published

constituted a public nuisance as defined by section 823.05, Florida Statutes (2002). The trial court placed

Lewis v. County of Orange

772 So. 2d 558, 2000 Fla. App. LEXIS 13290, 2000 WL 1513760

District Court of Appeal of Florida | Filed: Oct 13, 2000 | Docket: 64802051

Published

necessarily wrongful, much less a taking. See § 823.05, Fla. Stat. (1997). The record in this case shows

Florida Bar Re Standard Jury Instructions—Criminal

508 So. 2d 1221, 12 Fla. L. Weekly 259, 1987 Fla. LEXIS 1921

Supreme Court of Florida | Filed: May 28, 1987 | Docket: 64628105

Published

amendment to the worthless check instruction, F.S. 823.05(2), changing the figure of $50.00, which appears

4245 Corp. v. City of Oakland Park

473 So. 2d 12, 10 Fla. L. Weekly 1760, 1985 Fla. App. LEXIS 15120

District Court of Appeal of Florida | Filed: Jul 17, 1985 | Docket: 64613294

Published

nuisance was being conducted in violation of section 823.-05, Florida Statutes (1983). The evidence as to

Cowan v. People ex rel. Florida Dental Ass'n

463 So. 2d 285, 1984 Fla. App. LEXIS 16724

District Court of Appeal of Florida | Filed: Dec 5, 1984 | Docket: 64609844

Published

individually and the P.A., alleging nuisance under Section 823.05, Florida Statutes (1983). The complaint was

GM Drug Co. v. Taylor

412 So. 2d 943, 1982 Fla. App. LEXIS 19851

District Court of Appeal of Florida | Filed: Apr 20, 1982 | Docket: 64589361

Published

section 60.-05(1),1 Florida Statutes (1979) and section 823.05,2 Florida Statutes (1979). We hold that the

Health Clubs of Jacksonville, Inc. v. State ex rel. Austin

381 So. 2d 1174, 1980 Fla. App. LEXIS 16332

District Court of Appeal of Florida | Filed: Mar 18, 1980 | Docket: 64575239

Published

below brought by the State under Florida Statutes, § 823.05, to enjoin defendants from operating a purported

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

provides that when any nuisance as defined in Section 823.05 exists, that the Attorney General of the State

Wade v. D. R. Gaines Construction Co.

279 So. 2d 394, 1973 Fla. App. LEXIS 8016

District Court of Appeal of Florida | Filed: Jun 26, 1973 | Docket: 64532962

Published

water, which will be a nuisance as set forth in Section 823.05, 60.05 and 386.041(e) of the Statutes of the

State ex rel. Conner v. Turner

260 So. 2d 274, 1972 Fla. App. LEXIS 6963

District Court of Appeal of Florida | Filed: Apr 7, 1972 | Docket: 64525190

Published

of maintaining a nuisance as defined in F.S. Section 823.05, F.S.A., and are subject to injunction under

Mitchum v. State

244 So. 2d 159, 1971 Fla. App. LEXIS 6978

District Court of Appeal of Florida | Filed: Jan 26, 1971 | Docket: 64518768

Published

constituted a public nuisance within the purview of Section 823.05, Florida Statutes, F.S.A. *160The temporary

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

was subject to injunctive relief pursuant to § 823.05, Fla.Stat.,1 F.S.A. The complaint sets forth that

State ex rel. Dade County Optometric Ass'n v. Family Optical Service

209 So. 2d 267, 1968 Fla. App. LEXIS 5623

District Court of Appeal of Florida | Filed: Apr 16, 1968 | Docket: 64504857

Published

allegations of a nuisance, as defined in Fla.Stat. § 823.05, F.S.A., as to entitle the plaintiff to bring

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

Procedure. On the question of furnishing bond, § 823.05, Florida Statutes, F.S.A., permits the enjoining

State v. Rapuano

153 So. 2d 353, 1963 Fla. App. LEXIS 3707

District Court of Appeal of Florida | Filed: May 17, 1963 | Docket: 60212164

Published

of nuisance within contemplation of Fla.Stat. § 823.05 (1961), F.S.A. The ap-pellee made no effort to

State v. Rapuano

153 So. 2d 353, 1963 Fla. App. LEXIS 3707

District Court of Appeal of Florida | Filed: May 17, 1963 | Docket: 60212164

Published

of nuisance within contemplation of Fla.Stat. § 823.05 (1961), F.S.A. The ap-pellee made no effort to

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

Nuisances of this character are denounced in Section 823.05, Florida Statutes, 1941, and F.S.A., and maintenance