The 2023 Florida Statutes (including Special Session C)
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. . . Specifically, Davis maintained that the defendants conspired to interpret and apply Fla.Code §§ 403.413(4)(c), 823.01 . . .
. . . Here, Davis was charged with violating both section 823.01 of the Florida Statutes and the Seminole County . . .
. . . . § 823.01. . . .
. . . the district court considered the dismissal of two criminal prosecutions for violations of section 823.01 . . . In upholding the dismissal, the district court held that chapter 403 supei’seded section 823.01 insofar . . . dissent, criticized the majority’s determination, reasoning that the conduct criminalized in section 823.01 . . . Stat. (1995); whereas under section 823.01, the State need only show community annoyance. See id. . . . Kirk, 726 So.2d at 826 (emphasis added); see § 823.01, Fla. Stat. (1995). . . .
. . . Organics Corp., 592 So.2d 710, 712 (Fla. 1st DCA 1991), where the First District held that section 823.01 . . . had been superseded by chapter 403, insofar as section 823.01 might apply to air pollution. . . .
. . . disorderly conduct (§ 877.03, Fla.Stat.), criminal mischief (§ 806.13, Fla.Stat.), criminal nuisance (§ 823.01 . . .
. . . See § 823.01, Fla.Stat. (1991). Violations of this statute are also misdemeanors. . . . .
. . . I concur with the majority’s conclusion that Section 823.01, Florida Statutes, is not unconstitutionally . . . I dissent however, from those portions of the majority’s opinion holding (1) that section 823.01 has . . . odors into the atmosphere, which tended to annoy the community, contrary to the provisions of section 823.01 . . . I cannot, however, agree with the majority’s conclusion that section 823.01 has been superseded by the . . . See Historical Note, Fla.Stat.Ann. § 823.01 (West 1976). . . . . Corporation, operated paper mills in Duval County and both were charged with violations of Section 823.01 . . . Both trial court judges dismissed the common charges because they found Section 823.01, Florida Statutes . . . We therefore hold that Section 823.01, Florida Statutes, has been superseded by Chapter 403, Florida . . . In addition to the violations of Section 823.01, Florida Statutes, which we have just discussed, the . . . ERVIN, J., concurs and dissents with written opinion. . 823.01 Nuisances; penalty. — All nuisances which . . .
. . . section 796.01, Florida Statutes, (1987); and maintaining a public nuisance in violation of sections 823.01 . . .
. . . contrary to Defendant’s assertion, Florida Statutes 386.041 and 386.051 are not similar to Florida Statute 823.01 . . .
. . . to “the health of the citizens in general” or corruption of public morals, as is required by Section 823.01 . . .
. . . premise was resorted to by persons using, keeping or selling controlled substances contrary to sections 823.01 . . . GOSHORN, J., dissents with opinion. . § 893.13(2)(a)(5), Fla.Stat. (1985). . §§ 823.01, 823.10, 561.29 . . .
. . . charging each of them with causing annoying odors and creating odor nuisances, in violation of section 823.01 . . .
. . . Florida Statute 823.01 and Florida Statute 561.29(l)(a). . § 120.57, Fla.Stat. (1983). . . . .
. . . and/or delivering controlled substances in violation of Chapter 893, Florida Statutes 561.29(l)(c), 823.01 . . .
. . . This is a direct appeal from the Charlotte County Court which held constitutional section 823.01(2), . . . order followed a finding by a panel of twelve householders, summoned and acting pursuant to section 823.01 . . . Section 823.01(2) reads as follows: Any nuisance which tends to the immediate annoyance of the citizens . . . Section 823.01(2), initially enacted in 1832, provides for the abatement of a nuisance which annoys citizens . . . We hold that section 823.01(2) violates article I, section 9, of the Florida Constitution. . . .
. . . the Town’s public nuisance action barred by the “injury peculiar to the complainant” requirement of § 823.01 . . . Wis.Stats. § 823.01 reads as follows: “823.01 Jurisdiction Over Nuisances “Any person, county, city, . . . It relies on cases decided under predecessor statutes to § 823.01. See Algoma v. . . . We do not quarrel with the obvious requirement of § 823.01 that the Town show some interest on its part . . . The District Court held, and we agree, that this loss is actionable under § 823.01. . . .
. . . the plaintiff do not constitute injuries peculiar to the town of East Troy within the meaning of § 823.01 . . .
. . . community, or become manifestly injurious to the morals or manners of the people as described in § 823.01 . . . authority to enforce injunctions by contempt but the jurisdiction hereby granted does not repeal or alter § 823.01 . . .
. . . community, or become manifestly injurious to the morals or manners of the people as described in § 823.01 . . .
. . . community, or become manifestly injurious to the morals or manners of the people as described in § 823.01 . . .
. . . See- §§ 823.01 and 64.11, Fla.Stat., F.S.A. . . .
. . . community, or become manifestly injurious to the morals or manners of the people as described in § 823.01 . . .
. . . was instituted by the state attorney of Hillsborough County under the provisions of sections 64.11, 823.01 . . . place which tends to annoy the community or injure the health of the community, * * * as described in § 823.01 . . .