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Florida Statute 823.10 | Lawyer Caselaw & Research
F.S. 823.10 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 823.10

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 823
PUBLIC NUISANCES
View Entire Chapter
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.

F.S. 823.10 on Google Scholar

F.S. 823.10 on Casetext

Amendments to 823.10


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



Annotations, Discussions, Cases:

Cases from cite.case.law:

RATLIFF, v. STATE, 56 So. 3d 918 (Fla. Dist. Ct. App. 2011)

. . . imposed following her no contest plea to keeping or maintaining a public nuisance in violation of section 823.10 . . . Because Ratliffs conduct did not violate the portion of section 823.10 that criminalizes maintaining . . . /structure” used for selling, distributing, or ingesting illegal substances in violation of section 823.10 . . . information failed to state a crime because a dwelling is specifically excluded from the part of section 823.10 . . . The second portion of section 823.10(1), which criminalizes keeping or maintaining a public nuisance, . . .

PINACOTECA CORPORATION, d b a v. DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO,, 580 So. 2d 881 (Fla. Dist. Ct. App. 1991)

. . . Section 823.10, Florida Statutes (1989), provides in pertinent part that any building that is visited . . .

FREEZE, v. DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO,, 556 So. 2d 1204 (Fla. Dist. Ct. App. 1990)

. . . resorted to by persons using, keeping or selling controlled substances contrary to sections 823.01, 823.10 . . . GOSHORN, J., dissents with opinion. . § 893.13(2)(a)(5), Fla.Stat. (1985). . §§ 823.01, 823.10, 561.29 . . .

DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO v. MORA ARISTIDES,, 31 Fla. Supp. 2d 235 (Fla. Div. Admin. Hearings 1988)

. . . Section 823.10, Florida Statutes, declares a place or building where controlled substances are illegally . . .

DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO v. ROGERS d b a CIRCUIT BAR, 21 Fla. Supp. 2d 267 (Fla. Div. Admin. Hearings 1985)

. . . such substances, thereby constituting the maintenance of a public nuisance in violation of Sections 823.10 . . . Section 823.10, Florida Statutes (1983), declares a place or building where controlled substances are . . . above, Respondent also is culpably responsible for maintaining a nuisance in violation of Sections 823.10 . . . 1984 and March 30, 1984, Respondent unlawfully maintained a public nuisance in violation of Sections 823.10 . . .

DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO v. PERRY d b a PERRY S PACKAGE STORE, 19 Fla. Supp. 2d 171 (Fla. Div. Admin. Hearings 1985)

. . . illegally keeping, selling or delivering illegal drugs, making the premises a public nuisance under Section 823.10 . . . Section 823.10, Florida Statutes (1983), declares place or building where controlled substances are illegally . . . Respondent was “[m]aintaining a nuisance on the licensed premises” in violation of Sections 561.29(1)(c) and 823.10 . . .

HEIFETZ, d b a v. DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES TOBACCO,, 475 So. 2d 1277 (Fla. Dist. Ct. App. 1985)

. . . Florida Statute 823.10 and Florida Statute 561.29(l)(c); b. . . .

SIMMONS J. L. d b a v. DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO,, 465 So. 2d 578 (Fla. Dist. Ct. App. 1985)

. . . violated section 561.29(l)(c), Florida Statutes, by maintaining a public nuisance in violation of section 823.10 . . .

STATE OF FLORIDA, DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO v. CLUB INC., 7 Fla. Supp. 2d 176 (Fla. Div. Admin. Hearings 1984)

. . . delivering controlled substances in violation of Chapter 893, Florida Statutes 561.29(l)(c), 823.01 and 823.10 . . . Section 823.10, Florida Statutes, declares a place or building where controlled substances are illegally . . .

HARVEY, d b a Hi v. DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, DEPARTMENT OF BUSINESS REGULATION,, 451 So. 2d 1065 (Fla. Dist. Ct. App. 1984)

. . . the sale of narcotics and was a public nuisance in violation of Sections 893.13(2)(a)(5), 849.08, and 823.10 . . .

ORLANDO SPORTS STADIUM, INC. a v. STATE W. POWELL,, 262 So. 2d 881 (Fla. 1972)

. . . . § 823.10, F.S.A., reads as follows: “Any store, shop, warehouse, dwelling house, building, vehicle, . . . Appellants first say that Fla.Stat. §§ 60.05, 823.05 and 823.10, F.S.A., quoted above, do not satisfy . . . Appellants also say that a nuisance as defined in Fla.Stat. § 823.10, F.S. . . . It was not necessary for Fla.Stat. § 823.10, F.S.A., to describe the specific machinery for enforcement . . . Stat. § 823.10, F.S.A. . . . .: Secs. 823.05 and 823.10 F.S.A. are palpably void and unconstitutional on their face. . . .