Florida Statute 823.05 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 823
PUBLIC NUISANCES

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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.

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Amendments to 823.05

Arrestable Offenses / Crimes under Fla. Stat. 823.05

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 823.05.

Annotations, Discussions, Cases:

Cases Citing Statute 823.05

Total Results: 20

In Re: Amendments to Florida Rules of Criminal Procedure - 2023 Legislation

Court: Fla. | Date Filed: 2023-11-22T00:00:00-08:00

Snippet: primary offense is a violation of subsection 775.0823(5), (6), (7), (8), or (9), Florida Statutes, the

In RE: AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE-2018 REGULAR-CYCLE REPORT.

Court: Fla. | Date Filed: 2018-10-04T00:00:00-07:00

Citation: 265 So. 3d 494

Snippet: primary offense is a violation of subsection 775.0823(5), (6), (7), (8), or (9), Florida Statutes

In Re: Amendments to the Florida Rules of Criminal Procedure - 2018 Regular-Cycle Report

Court: Fla. | Date Filed: 2018-07-19T00:53:00-07:00

Snippet: primary offense is a violation of subsection 775.0823(5), (6), (7), (8), or (9), Florida Statutes, the

Graves v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-06-06T00:53:00-07:00

Snippet: enforcement, and corrections system. Section 775.0823(5) states “For attempted murder in the second degree… Here is the problem. Although section 775.0823(5) addresses attempted second degree murder, the… that the trial court believed that section 775.0823(5) was, in effect, a reclassification statute, requiring… to that statute, we conclude that section 775.0823(5) does not authorize the trial court to “reclassify…the apparent inconsistency between sections 775.0823(5) and 777.04(4)(c), by reviewing the original version

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

Court: Fla. Dist. Ct. App. | Date Filed: 2004-05-07T00:53:00-07:00

Citation: 874 So. 2d 38

Snippet: constituted a public nuisance as defined by section 823.05, Florida Statutes (2002). The trial court placed…declared a public nuisance as defined by section 823.05, it would have to file a separate lawsuit. We find

Flo-Sun, Inc. v. Kirk

Court: Fla. | Date Filed: 2001-03-28T23:53:00-08:00

Citation: 783 So. 2d 1029

Snippet: #39; claims were based on violations of section 823.05, Florida Statutes (1995), and because the claims

Lewis v. County of Orange

Court: Fla. Dist. Ct. App. | Date Filed: 2000-10-13T00:00:00-07:00

Citation: 772 So. 2d 558

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

Windward Marina, LLC v. City of Destin

Court: Fla. Dist. Ct. App. | Date Filed: 1999-11-16T23:53:00-08:00

Citation: 743 So. 2d 635

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

Kirk v. US Sugar Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1999-02-02T23:53:00-08:00

Citation: 726 So. 2d 822

Snippet: maintain a public nuisance as defined in section 823.05, Florida Statutes (1995), by engaging in the cultivation…prejudice, the trial court also ruled that section 823.05 of Florida's Public Nuisance statute was superseded…be perceived as superseding or repealing section 823.05 by implication. Construing a statute as repealed…seeking aid from a governmental agency. Section 823.05 allows a private individual to directly file suit…something might be a public nuisance under section 823.05 while still being in compliance with existing pollution

Flowers v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1993-12-17T00:00:00-08:00

Citation: 627 So. 2d 1340, 1993 Fla. App. LEXIS 12355, 1993 WL 524108

Snippet: 782.04, 784.07(3), Fla.Stat. (1989). . §§ 775.0823(5), 787.01(1)(a), Fla.Stat. (1989). . § 944.40,

State v. Panzino

Court: Fla. Dist. Ct. App. | Date Filed: 1991-07-03T00:53:00-07:00

Citation: 583 So. 2d 1059

Snippet: public nuisance in violation of sections 823.01, 823.05, Florida Statutes (1987). The defendants then plead

State v. Warren

Court: Fla. Dist. Ct. App. | Date Filed: 1990-01-18T23:53:00-08:00

Citation: 558 So. 2d 55

Snippet: Ch. 7367, § 1, Laws of Fla. (1917) (currently § 823.05, Fla. Stat. (1987)). 88-02884 District

Florida Bar Re Standard Jury Instructions—Criminal

Court: Fla. | Date Filed: 1987-05-28T00:00:00-07:00

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

Snippet: amendment to the worthless check instruction, F.S. 823.05(2), changing the figure of $50.00, which appears…to the worthless check-obtaining property, F.S. 823.05(4), the figure of $50.00, which appears in element

Florida Bar v. Pierce

Court: Fla. | Date Filed: 1986-12-11T00:00:00-08:00

Citation: 498 So. 2d 431

Snippet: check she had given him six months earlier for $823.05 to cover closing costs and some payments on a second

4245 Corp. v. City of Oakland Park

Court: Fla. Dist. Ct. App. | Date Filed: 1985-07-17T00:00:00-07:00

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

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

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

Court: Fla. Dist. Ct. App. | Date Filed: 1985-02-26T23:53:00-08:00

Citation: 463 So. 2d 285

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

Leonard v. Dennis

Court: Fla. Dist. Ct. App. | Date Filed: 1985-02-07T23:53:00-08:00

Citation: 465 So. 2d 538

Snippet: Fidelity & Guaranty Co. v. Skinner, 188 Ga. 823, 5 S.E.2d 9 (1939), is the shortest distance in any

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

Court: Fla. Dist. Ct. App. | Date Filed: 1984-12-05T00:00:00-08:00

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

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

GM Drug Co. v. Taylor

Court: Fla. Dist. Ct. App. | Date Filed: 1982-04-20T00:00:00-08:00

Citation: 412 So. 2d 943

Snippet: 60.-05(1),1 Florida Statutes (1979) and section 823.05,2 Florida Statutes (1979). We hold that the cause…ground on which the nuisance exists. . Section 823.05 states: “[Wjhoever shall . . . maintain, own or

Thompson v. State

Court: Fla. | Date Filed: 1981-01-15T00:00:00-08:00

Citation: 392 So. 2d 1317

Snippet: appropriate action in accordance with sections 823.05, 60.05, and 60.06, Florida Statutes (1979). It