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Florida Statute 823.01 | Lawyer Caselaw & Research
F.S. 823.01 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 823.01

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 823
PUBLIC NUISANCES
View Entire Chapter
F.S. 823.01
823.01 Nuisances; penalty.All nuisances that tend to annoy the community, injure the health of the citizens in general, or corrupt the public morals are misdemeanors of the second degree, punishable as provided in s. 775.083, except that a violation of s. 823.10 is a felony of the third degree.
History.s. 47, Feb. 10, 1832; RS 2704; GS 3680; RGS 5624; CGL 7817; s. 932, ch. 71-136; s. 32, ch. 73-334; s. 66, ch. 74-383; s. 1, ch. 75-24; s. 41, ch. 75-298; s. 18, ch. 83-214; s. 3, ch. 2001-57.

F.S. 823.01 on Google Scholar

F.S. 823.01 on Casetext

Amendments to 823.01


Arrestable Offenses / Crimes under Fla. Stat. 823.01
Level: Degree
Misdemeanor/Felony: First/Second/Third

S823.01 - DISTURBING PEACE - PUBLIC NUISANCE - M: S



Annotations, Discussions, Cases:

Cases from cite.case.law:

STATE v. DAVIS,, 838 So. 2d 696 (Fla. Dist. Ct. App. 2003)

. . . Here, Davis was charged with violating both section 823.01 of the Florida Statutes and the Seminole County . . .

In METHYL TERTIARY BUTYL ETHER MTBE PRODUCTS LIABILITY LITIGATION, 175 F. Supp. 2d 593 (S.D.N.Y. 2001)

. . . . § 823.01. . . .

FLO- SUN, INC. v. R. KIRK, v. R., 783 So. 2d 1029 (Fla. 2001)

. . . 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). . . .

R. KIRK, A. B. v. UNITED STATES SUGAR CORPORATION A QO, 726 So. 2d 822 (Fla. Dist. Ct. App. 1999)

. . . 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 had been superseded by chapter 403, insofar as section 823.01 might apply to air pollution. . . .

STATE v. T. B. D. a, 638 So. 2d 165 (Fla. Dist. Ct. App. 1994)

. . . disorderly conduct (§ 877.03, Fla.Stat.), criminal mischief (§ 806.13, Fla.Stat.), criminal nuisance (§ 823.01 . . .

BORDO, INC. v. STATE, 627 So. 2d 561 (Fla. Dist. Ct. App. 1993)

. . . See § 823.01, Fla.Stat. (1991). Violations of this statute are also misdemeanors. . . . .

STATE v. SCM GLIDCO ORGANICS CORPORATION, 592 So. 2d 710 (Fla. Dist. Ct. App. 1991)

. . . 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 . . .

STATE v. PANZINO A., 583 So. 2d 1059 (Fla. Dist. Ct. App. 1991)

. . . section 796.01, Florida Statutes, (1987); and maintaining a public nuisance in violation of sections 823.01 . . .

STATE OF FLORIDA v. BRACKETT, 49 Fla. Supp. 2d 103 (Duval Cty. Ct. 1991)

. . . contrary to Defendant’s assertion, Florida Statutes 386.041 and 386.051 are not similar to Florida Statute 823.01 . . .

CUNNINGHAM, N. III, A. S. O G. S. Sr. P. D. O E. N. M. v. ANCHOR HOCKING CORPORATION,, 558 So. 2d 93 (Fla. Dist. Ct. App. 1990)

. . . to “the health of the citizens in general” or corruption of public morals, as is required by Section 823.01 . . .

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

. . . 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 . . .

In GRAND JURY PRESENTMENT, DUVAL COUNTY,, 548 So. 2d 721 (Fla. Dist. Ct. App. 1989)

. . . charging each of them with causing annoying odors and creating odor nuisances, in violation of section 823.01 . . .

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 823.01 and Florida Statute 561.29(l)(a). . § 120.57, Fla.Stat. (1983). . . . .

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)

. . . and/or delivering controlled substances in violation of Chapter 893, Florida Statutes 561.29(l)(c), 823.01 . . .

THOMPSON, v. STATE, 392 So. 2d 1317 (Fla. 1981)

. . . 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. . . .

TOWN OF EAST TROY, a v. SOO LINE RAILROAD COMPANY,, 653 F.2d 1123 (7th Cir. 1980)

. . . 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. . . .

TOWN OF EAST TROY, v. SOO LINE RAILROAD COMPANY,, 476 F. Supp. 252 (E.D. Wis. 1979)

. . . the plaintiff do not constitute injuries peculiar to the town of East Troy within the meaning of § 823.01 . . .

HEALTH CLUBS, INC. a v. STATE EAGAN,, 338 So. 2d 1324 (Fla. Dist. Ct. App. 1976)

. . . 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 . . .

STATE BROWN v. H. SUSSMAN, a, 235 So. 2d 46 (Fla. Dist. Ct. App. 1970)

. . . community, or become manifestly injurious to the morals or manners of the people as described in § 823.01 . . .

SAWYER, v. W. R. ROBBINS, Jr., 213 So. 2d 515 (Fla. Dist. Ct. App. 1968)

. . . community, or become manifestly injurious to the morals or manners of the people as described in § 823.01 . . .

R. Wm. L. JOHNSON, D. P. S. A. a v. S. A. M. CORP. d b a a, 167 So. 2d 757 (Fla. Dist. Ct. App. 1964)

. . . See- §§ 823.01 and 64.11, Fla.Stat., F.S.A. . . .

CENTRAL THEATRES, INC. v. STATE BRAREN, 161 So. 2d 558 (Fla. Dist. Ct. App. 1964)

. . . community, or become manifestly injurious to the morals or manners of the people as described in § 823.01 . . .

FLORIO d b a H. d b a s v. STATE A. L. EPPERSON, 119 So. 2d 305 (Fla. Dist. Ct. App. 1960)

. . . 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 . . .