Florida Statute 823.10 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 823
PUBLIC NUISANCES

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F.S. 823.10

823.10 Place where controlled substances are illegally kept, sold, or used declared a public nuisance.—

(1) Any store, shop, warehouse, dwelling house, building, structure, vehicle, ship, boat, vessel, or aircraft, or any place whatever, which is visited by persons for the purpose of unlawfully using any substance controlled under chapter 893 or any drugs as described in chapter 499, or which is used for the illegal keeping, selling, or delivering of the same, shall be deemed a public nuisance. No person shall keep or maintain such public nuisance or aid and abet another in keeping or maintaining such public nuisance. Any person who willfully keeps or maintains a public nuisance or willfully aids or abets another in keeping or maintaining a public nuisance, and such public nuisance is a warehouse, structure, or building, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) Any proceeding brought under this section shall be governed by chapter 60.

History.—s. 1, ch. 69-364; s. 29, ch. 73-331; s. 66, ch. 74-383; s. 1, ch. 75-24; s. 41, ch. 75-298; s. 167, ch. 83-216; s. 2, ch. 96-237; s. 2, ch. 2001-57.

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Amendments to 823.10

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 823.10

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

S823.10 1 - PUBLIC ORDER CRIMES - KEEP PUB NUISANCE STRUCTURE FOR DRUG ACTIVITY - F: T

Cases Citing Statute 823.10

Total Results: 5

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

S., the same being in violation of: a. Florida Statute 823.10 and Florida Statute 561.29(1)(c); b. Florida

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

as provided in §§ 60.05 and 60.06." Fla. Stat. § 823.10, F.S.A., reads as follows: "Any store, shop, warehouse

Pinacoteca Corp. v. DEPT. OF BUSINESS REG.

580 So. 2d 881, 1991 WL 92954

District Court of Appeal of Florida | Filed: Jun 5, 1991 | Docket: 1716750

Cited 5 times | Published

maintains a nuisance on the licensed premises. Section 823.10, Florida Statutes (1989), provides in pertinent

Ratliff v. State

56 So. 3d 918, 2011 Fla. App. LEXIS 3996, 36 Fla. L. Weekly Fed. D 637

District Court of Appeal of Florida | Filed: Mar 25, 2011 | Docket: 60298704

Published

maintaining a public nuisance in violation of section 823.10, Florida Statutes (2008).1 Because Ratliffs

Simmons v. Department of Business Regulation, Division of Alcoholic Beverages & Tobacco

465 So. 2d 578, 10 Fla. L. Weekly 663, 1985 Fla. App. LEXIS 13014

District Court of Appeal of Florida | Filed: Mar 13, 1985 | Docket: 64610690

Published

maintaining a public nuisance in violation of section 823.10, Florida Statutes. Count 2 alleged that appellants