Florida Statutes

Fla. Stat. § 823.10 (2025)

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

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Arrestable Offenses under F.S. 823.10

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§823.10(1)PUBLIC ORDER CRIMESKEEP PUB NUISANCE STRUCTURE FOR DRUG ACTIVITYF · 3rd

Notes of Decisions

Cited in 8 cases, 1972–2011 · leading case: Orlando Sports Stadium, Inc. v. State Ex Rel. Powell, 262 So. 2d 881 (Fla. 1972).

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Orlando Sports Stadium, Inc. v. State Ex Rel. Powell, 262 So. 2d 881 (Fla. 1972). · cites it 7× “" Fla. Stat. § 823.10 , F.S.A., reads as follows: "Any store, shop, warehouse, dwelling house, building, vehicle, ship, boat, vessel, aircraft, or any place whatever, which is visited by narcotic or other drug users for the purpose of unlawfully using hallucinogenic drugs,…”

Ratliff v. State, 56 So. 3d 918 (Fla. 2d DCA 2011). · cites it 6× “Barbara Anne Ratliff appeals the judgment and sentence imposed following her no contest plea to keeping or maintaining a public nuisance in violation of section 823.10, Florida Statutes (2008). 1 Because Ratliffs conduct did not violate the portion *919 of section 823.”

Pinacoteca Corp. v. DEPT. OF Bus. REG., 580 So. 2d 881 (Fla. 4th DCA 1991). · cites it 2× “10, Florida Statutes (1989), provides in pertinent part that any building that is visited by persons for the purpose of unlawfully using, selling or delivering controlled substances shall be deemed a public nuisance. Here, the emergency order indicates that a confidential…”

Simmons v. Dep't of Bus. Reg., Div. of Alcoholic Beverages & Tobacco, 465 So. 2d 578 (Fla. 1st DCA 1985). · cites it 2× “29(l)(c), Florida Statutes, by maintaining a public nuisance in violation of section 823.10, Florida Statutes. Count 2 alleged that appellants, through their employees, violated section 561.”

Dep't of Bus. Reg. v. Perry, 19 Fla. Supp. 2d 171 (Fla. Div. Admin. Hr'g 1985). · cites it 4× “The Notice To Show Cause also alleges: that Respondent maintained the licensed premises as a store, shop or building or place which is visited by persons for the purpose of illegally keeping, selling or delivering illegal drugs, making the premises a public nuisance under…”

State, Dep't of Bus. Reg., Div. of Alcoholic Beverages & Tobacco v. Club 99, Inc., 7 Fla. Supp. 2d 176 (Fla. Div. Admin. Hr'g 1984). · cites it 2× “Section 823.10, Florida Statutes, declares a place or building where controlled substances are illegally kept, sold, or used, to be a nuisance.”

Dep't of Bus. Reg. v. Rogers, 21 Fla. Supp. 2d 267 (Fla. Div. Admin. Hr'g 1985). · cites it 2× “Section 823.10, Florida Statutes (1983), declares a place or building where controlled substances are illegally kept, sold, or used, to be a nuisance.”

Dep't of Bus. Reg. v. Mora, 31 Fla. Supp. 2d 235 (Fla. Div. Admin. Hr'g 1988). · cites it 2× “Section 823.10, Florida Statutes, declares a place or building where controlled substances are illegally sold or delivered to be a public nuisance.”

— 823.10(1) — 1 case

Ratliff v. State, 56 So. 3d 918 (Fla. 2d DCA 2011). “Barbara Anne Ratliff appeals the judgment and sentence imposed following her no contest plea to keeping or maintaining a public nuisance in violation of section 823.10, Florida Statutes (2008). 1 Because Ratliffs conduct did not violate the portion *919 of section 823.”

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