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Florida Statute 823.05 | Lawyer Caselaw & Research
F.S. 823.05 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 823
PUBLIC NUISANCES
View Entire Chapter
F.S. 823.05
823.05 Places and groups engaged in certain activities declared a nuisance; abatement and enjoinment.
(1) A person who erects, establishes, continues, maintains, owns, or leases any of the following is deemed to be maintaining a nuisance, and the building, erection, place, tent, or booth, and the furniture, fixtures, and contents of such structure, are declared a nuisance, and all such places or persons shall be abated or enjoined as provided in ss. 60.05 and 60.06:
(a) A building, booth, tent, or place that tends to annoy the community or injure the health of the community, or becomes manifestly injurious to the morals or manners of the people as provided in s. 823.01.
(b) A house or place of prostitution, assignation, or lewdness.
(c) A place or building in which persons engage in games of chance in violation of law.
(d) A place where any law of the state is violated.
(2)(a) As used in this subsection, the terms “criminal gang,” “criminal gang member,” “criminal gang associate,” and “criminal gang-related activity” have the same meanings as provided in s. 874.03.
(b) A criminal gang, criminal gang member, or criminal gang associate who engages in the commission of criminal gang-related activity is a public nuisance. All such persons shall be abated or enjoined as provided in ss. 60.05 and 60.06.
(c) The use of a location by a criminal gang, criminal gang members, or criminal gang associates for the purpose of engaging in criminal gang-related activity is a public nuisance. Such use of a location as a public nuisance shall be abated or enjoined as provided in ss. 60.05 and 60.06.
(d) This subsection does not prevent a local governing body from adopting and enforcing laws consistent with this chapter relating to criminal gangs and gang violence. Where local laws duplicate or supplement this chapter, this chapter shall be construed as providing alternative remedies and not as preempting the field.
(e) The state, through the Department of Legal Affairs or any state attorney, or any of the state’s agencies, instrumentalities, subdivisions, or municipalities having jurisdiction over conduct in violation of a provision of this chapter may institute civil proceedings under this subsection. In any action brought under this subsection, the circuit court shall proceed as soon as practicable to the hearing and determination. Pending final determination, the circuit court may at any time enter such injunctions, prohibitions, or restraining orders, or take such actions, including the acceptance of satisfactory performance bonds, as the court may deem proper.
(3) A massage establishment as defined in s. 480.033 which operates in violation of s. 480.0475 or s. 480.0535(2) is declared a nuisance and may be abated or enjoined as provided in ss. 60.05 and 60.06.
(4)(a) Any place or premises that has been used on more than two occasions within a 6-month period as the site of any of the following violations is declared a nuisance and may be abated or enjoined as provided in ss. 60.05 and 60.06:
1. Section 812.019, relating to dealing in stolen property.
2. Section 784.011, s. 784.021, s. 784.03, or s. 784.045, relating to assault and battery.
3. Section 810.02, relating to burglary.
4. Section 812.014, relating to theft.
5. Section 812.131, relating to robbery by sudden snatching.
(b) Notwithstanding any other law, a rental property that is declared a nuisance under this subsection may not be abated or subject to forfeiture under the Florida Contraband Forfeiture Act if the nuisance was committed by someone other than the owner of the property and the property owner commences rehabilitation of the property within 30 days after the property is declared a nuisance and completes the rehabilitation within a reasonable time thereafter.
History.s. 1, ch. 7367, 1917; RGS 5639; CGL 7832; s. 24, ch. 57-1; s. 66, ch. 74-383; s. 1, ch. 75-24; s. 41, ch. 75-298; s. 4, ch. 2008-238; s. 5, ch. 2013-212; s. 2, ch. 2020-130; s. 21, ch. 2021-143.

F.S. 823.05 on Google Scholar

F.S. 823.05 on Casetext

Amendments to 823.05


Arrestable Offenses / Crimes under Fla. Stat. 823.05
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 823.05.



Annotations, Discussions, Cases:

Cases from cite.case.law:

MANATEE COUNTY, a v. J. RICHARD KAISER ENTERPRISES, INC. a a, 874 So. 2d 38 (Fla. Dist. Ct. App. 2004)

. . . offering evidence to establish that OuterLimits constituted a public nuisance as defined by section 823.05 . . . injunction and that if Manatee County wanted OuterLimits declared a public nuisance as defined by section 823.05 . . .

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

. . . and water, pollution; accordingly, because Respondents’ claims were based on violations of section 823.05 . . .

J. LEWIS, v. COUNTY OF ORANGE,, 772 So. 2d 558 (Fla. Dist. Ct. App. 2000)

. . . See § 823.05, Fla. Stat. (1997). . . .

WINDWARD MARINA, L. L. C. v. CITY OF DESTIN, 743 So. 2d 635 (Fla. Dist. Ct. App. 1999)

. . . See § 823.05, Fla. . . .

FLORIDA ROCK INDUSTRIES, INC. v. UNITED STATES,, 45 Fed. Cl. 21 (Fed. Cl. 1999)

. . . . § 823.05 (1979). . . .

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

. . . Plaintiffs’ amended complaint alleged that Defendants maintain a public nuisance as defined in section 823.05 . . . In dismissing Plaintiffs’ complaint with prejudice, the trial court also ruled that section 823.05 of . . . there, we shall explain why chapter 403 should not be perceived as superseding or repealing section 823.05 . . . This being so, something might be a public nuisance under section 823.05 while still being in compliance . . . Accordingly, construing section 823.05 as impliedly repealed or superseded is not the only reasonable . . .

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

. . . 796.01, Florida Statutes, (1987); and maintaining a public nuisance in violation of sections 823.01, 823.05 . . .

STATE OF FLORIDA v. CALLARO, 42 Fla. Supp. 2d 168 (Palm Beach Cty. Ct. 1990)

. . . . § 823.05, by implication, held that the language of the Town of Palm Beach’s ordinance was not unconstitutionally . . . The town states that the pertinent part of section 823.05 is: Whoever shall erect, establish, continue . . . However, the Supreme Court in Orlando, supra, quoted the operative part of § 823.05, for purpose of their . . .

STATE v. WARREN, 558 So. 2d 55 (Fla. Dist. Ct. App. 1990)

. . . Ch. 7367, § 1, Laws of Fla. (1917) (currently § 823.05, Fla.Stat. (1987)). . . .

THE FLORIDA BAR RE STANDARD JURY INSTRUCTIONS- CRIMINAL, 508 So. 2d 1221 (Fla. 1987)

. . . figure of $100.00 will be changed to $300.00; (15) An amendment to the worthless check instruction, F.S. 823.05 . . . is hereby changed to read $150.00; (16) An amendment to the worthless check-obtaining property, F.S. 823.05 . . .

THE FLORIDA BAR, v. PIERCE,, 498 So. 2d 431 (Fla. 1986)

. . . through, and the client asked respondent to return a check she had given him six months earlier for $823.05 . . .

A. COWAN D. D. S. P. A. v. PEOPLE FLORIDA DENTAL ASSOCIATION, INC., 463 So. 2d 285 (Fla. Dist. Ct. App. 1984)

. . . the circuit court against both dentists individually and the P.A., alleging nuisance under Section 823.05 . . .

GM DRUG COMPANY, a d b a F. Jr. J. J. H. Co. v. J. TAYLOR, B. d b a MG a, 412 So. 2d 943 (Fla. Dist. Ct. App. 1982)

. . . .-05(1), Florida Statutes (1979) and section 823.05, Florida Statutes (1979). . . . Section 823.05 states: “[Wjhoever shall . . . maintain, own or lease any building . .. which tends to . . .

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

. . . vacated without prejudice to the state to institute an appropriate action in accordance with sections 823.05 . . .

HEALTH CLUBS OF JACKSONVILLE, INC. v. STATE Ed AUSTIN,, 381 So. 2d 1174 (Fla. Dist. Ct. App. 1980)

. . . from various orders entered in the proceeding below brought by the State under Florida Statutes, § 823.05 . . . temporary and permanent injunctions support the relief granted, which relief is within the terms of § 823.05 . . .

ODOM v. DELTONA CORPORATION, BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND, v. DELTONA CORPORATION,, 341 So. 2d 977 (Fla. 1976)

. . . Section 60.05, Florida Statutes, as amended by Chapter 71-268, Laws of Florida, 1971, and Section 823.04 [823.05 . . . of Section 60.05, Florida Statutes, as amended by Chapter 71-268, Laws of Florida, 1971, and Section 823.05 . . .

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

. . . abate or enjoin a public nuisance alleging that the trial court had jurisdiction pursuant to Sections 823.05 . . . Section 823.05, Florida Statutes (1975), provides: “Places declared a nuisance; may be abated and enjoined . . . Statutes (1975), provides as follows: “Abatement of nuisances.— (1) When any nuisance as defined in § 823.05 . . . —The court shall make such orders on proper proof as will abate all nuisances mentioned in § 823.05, . . . indecent act and thus constitutes lewdness and is subject to being declared a nuisance under Section 823.05 . . .

STATE L. SHEVIN, v. INDICO CORPORATION,, 319 So. 2d 173 (Fla. Dist. Ct. App. 1975)

. . . Corporation’s Pinnacle Port Condominium project would create a public nuisance pursuant to § 60.05 and 823.05 . . . action brought under § 60.05, Florida Statutes, to abate an alleged public nuisance as defined by § 823.05 . . . We agree. § 60.05 provides in pertinent part as follows: “(1) When any nuisance as defined in § 823.05 . . .

STATE v. GOODWIN, 43 Fla. Supp. 149 (Broward Cty. Cir. Ct. 1975)

. . . The defendant’s motion to strike sham pleadings is denied for the reason that Florida Statute 823.05 . . .

UNITED STATES STEEL CORPORATION, a v. SAVE SAND KEY, INC. a, 303 So. 2d 9 (Fla. 1974)

. . . untenable as to the facts in the case sub judice, and its application limited to those cases referred to in 823.05 . . .

STATE C. GARDNER v. SAILBOAT KEY, INC., 295 So. 2d 658 (Fla. Dist. Ct. App. 1974)

. . . maintenance of a place which would tend to annoy the community, as provided for by §§ 60.05(1) and 823.05 . . .

STATE L. SHEVIN, v. MORGAN,, 289 So. 2d 782 (Fla. Dist. Ct. App. 1974)

. . . Section 60.05 of the Florida Statutes [F.S.A.] provides that when any nuisance as defined in Section 823.05 . . . Section 823.05 of the Florida Statutes [F.S.A.] provides that one who maintains, own, [sic] or leaáes . . . automatic scarecrow device, as set forth in the complaint, is not the type of nuisance defined in Section 823.05 . . . Section 60.05, supra, and that the complaint does state a cause of action under the provisions of Section 823.05 . . . rights. . ” The supreme court, in the cited case,.upheld the constitutionality of Sections 60.05 and 823.05 . . .

STATE L. SHEVIN, v. TAMPA ELECTRIC COMPANY,, 291 So. 2d 45 (Fla. Dist. Ct. App. 1974)

. . . . §§ 60.05 and 823.05, F.S.A.1971, which authorize the Attorney General to bring such suits . . . . See, e. g., § 823.05 n. 1 supra. . See, e. g., n. 7 supra. . . . .

SAVE SAND KEY, INC. a v. UNITED STATES STEEL CORPORATION, a v. STATE L. SHEVIN, Co-, 281 So. 2d 572 (Fla. Dist. Ct. App. 1973)

. . . See, history of §§ 60.06 and 823.05, F.S. 1973, F.S.A. . See, e. g., Dept. of Administration v. . . .

E. WADE J. v. D. R. GAINES CONSTRUCTION COMPANY, 279 So. 2d 394 (Fla. Dist. Ct. App. 1973)

. . . end, and which will fill with stagnant salt water, which will be a nuisance as set forth in Section 823.05 . . .

STATE CONNER, W. v. W. TURNER, W. a To Be a, 260 So. 2d 274 (Fla. Dist. Ct. App. 1972)

. . . Section 823.05, F.S.A., and are subject to injunction under F.S. Section 60.05, F.S.A. . . .

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

. . . .: Secs. 823.05 and 823.10 F.S.A. are palpably void and unconstitutional on their face. . . . . § 823.05, F.S.A., provides, inter alia, that “Whoever shall erect, establish, continue, or maintain . . . Fla.Stat. § 60.05(1), F.S.A., reads as follows: “When any nuisance as defined in § 823.05, exists, the . . . Appellants first say that Fla.Stat. §§ 60.05, 823.05 and 823.10, F.S.A., quoted above, do not satisfy . . . Stat. § 823.05, F.S.A. . . .

MITCHUM, a a v. STATE, 244 So. 2d 159 (Fla. Dist. Ct. App. 1971)

. . . holding that said conduct by appellants constituted a public nuisance within the purview of Section 823.05 . . .

MITCHUM, d b a v. E. FOSTER, M. J. W. L., 315 F. Supp. 1387 (N.D. Fla. 1970)

. . . in the Circuit Court for Bay County, Florida, under that state’s general nuisance statutes, Sections 823.05 . . .

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

. . . governmental authority may be but is not necessarily a nuisance within the meaning of * * * section [823.05 . . . Section 823.05, Fla.Stat., F.S.A., provides that one who maintains, owns, or leases a building which . . . Section 60.05 provides that when any nuisance as defined in § 823.05 exists any citizen of the county . . . The various conditions enumerated in § 823.05 are all unlawful. . . . Reversed. . “823.05 Places declared a nuisance; may be abated and enjoined. . . .

GREATER LORETTA IMPROVEMENT ASSOCIATION, a v. STATE T. BOONE,, 234 So. 2d 665 (Fla. 1970)

. . . . § 823.05, F.S.A. . . .

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

. . . requirements of the City of Miami was a nuisance and, as such, was subject to injunctive relief pursuant to § 823.05 . . . provides minimum standards for rental premises, any violation of the housing code is a nuisance under § 823.05 . . . standard for rental housing as set by a governmental authority is not a nuisance within the meaning of § 823.05 . . . An examination of § 823.05 convinces us that it is designed to protect the public health and morals of . . .

STATE DADE COUNTY OPTOMETRIC ASSOCIATION, v. FAMILY OPTICAL SERVICE,, 209 So. 2d 267 (Fla. Dist. Ct. App. 1968)

. . . . § 823.05, F.S.A., as to entitle the plaintiff to bring this action pursuant to Fla.Stat. § 64.11, F.S.A . . .

SARASOTA COUNTY ANGLERS CLUB, INC. v. BURNS, O. a a CC a, 193 So. 2d 691 (Fla. Dist. Ct. App. 1967)

. . . the facts in the case sub judice, and its application limited to those cases referred to in Section 823.05 . . .

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

. . . On the question of furnishing bond, § 823.05, Florida Statutes, F.S.A., permits the enjoining of places . . . Stat, F.S.A., and in particular, Sec. 823.05, which statute defines certain places as nuisances, but . . .

CITY OF NORTH MIAMI BEACH v. STEVEN S MARKET,, 22 Fla. Supp. 5 (Dade Cty. Cir. Ct. 1963)

. . . Argument revolves around §64.11, Florida Statutes, authorizing action to abate any nuisance as defined in §823.05 . . .

STATE v. RAPUANO,, 153 So. 2d 353 (Fla. Dist. Ct. App. 1963)

. . . . § 823.05 (1961), F.S.A. . . .

R. T. BAIR v. CENTRAL AND SOUTHERN FLORIDA FLOOD CONTROL DISTRICT, L. C. A. C., 144 So. 2d 818 (Fla. 1962)

. . . Sec. 64.11 et seq., See. 823.05, and Sec. 387.08, F.S.A. . . .

FIVE SKY, INC. a O v. STATE E. GERSTEIN,, 131 So. 2d 39 (Fla. Dist. Ct. App. 1961)

. . . See §§ 64.12, 64.14, 64.15, 823.05 Fla.Stat., F.S.A. . . .

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

. . . instituted by the state attorney of Hillsborough County under the provisions of sections 64.11, 823.01, and 823.05 . . . raising the question as to whether the complaint stated a cause of action under section 64.11 and section 823.05 . . . “Whenever any nuisances as defined in § 823.05 is kept, maintained or exists, the state’s attorney, county . . .

DEMETREE v. STATE D. MARSH,, 89 So. 2d 498 (Fla. 1956)

. . . The injunction was obtained pursuant to the provisions of Section 823.05, Florida Statutes, F.S.A., which . . . The original complaint announced that the appellee was proceeding under Sections 64.-11 and 823.05, supra . . .

BOYNTON v. STATE C. MINCER, D., 75 So. 2d 211 (Fla. 1954)

. . . they engaged in the business -of-, operating a lottery and book-ma.king business contrary to Section 823.05 . . . Section 823.05, F.S.A., enumerates the places that may be abated as nuisances under Section 64.11, Florida . . . gambling and no more is sufficient in itself to abate the place as a nuisance under the statute, F.S. § 823.05 . . . In other words, under the terms of the act, Section 823.05, F.S.A., when the purchaser procures his stamp . . .

ELLIS v. STATE MARSH,, 73 So. 2d 853 (Fla. 1954)

. . . 64.11, F.S.A., authorizes a county solicitor to sue as relator to enjoin a nuisance as defined in Sec. 823.05 . . .

FLORIDA BAR, v. STATE BEVERAGE DIRECTOR, 6 Fla. Supp. 81 (Palm Beach Cty. Cir. Ct. 1954)

. . . The third charge was that petitioner violated section 823.05 of the statutes in that it maintained a . . .

PETERS v. THOMPSON, 68 So. 2d 581 (Fla. 1953)

. . . conduct, namely, betting on horse races, in her place of business, and had violated Sections 849.01 and 823.05 . . .

BOYNTON v. STATE, 64 So. 2d 536 (Fla. 1953)

. . . Section 823.05, F.S.A. makes the maintenance of a gambling establishment a nuisance. . . . Section 561.29, F.S.A. with reference to the revocation or suspension of a beverage license, and Section 823.05 . . .

STATE TAYLOR, v. SIMBERG,, 2 Fla. Supp. 178 (Dade Cty. Cir. Ct. 1952)

. . . individual to proceed — as relator, in the state’s name — against public nuisances as defined in section 823.05 . . . community,” bringing it expressly within those activities which are defined as public nuisances in section 823.05 . . . Abatement of nuisance; parties; by whom maintained. — Whenever any nuisance as defined in § 823.05 is . . .

ORBAN, v. STATE BEVERAGE DIRECTOR, 2 Fla. Supp. 33 (Dade Cty. Cir. Ct. 1952)

. . . owners of the DeLuxe Bar & Package Goods did maintain, own or lease the premises contrary to section 823.05 . . .

BORIS RIVKIND J- M CORP. a v. STATE OF FLORIDA, THEO R. GIBSON, 159 Fla. 553 (Fla. 1947)

. . . abate a nuisance, proceeding on the theory that any place to sell liquor is a nuisance as defined by 823.05 . . .

HOWARD LOSEY, v. STATE OF FLORIDA VINCENT C. GIBLIN, 158 Fla. 381 (Fla. 1947)

. . . It will be observed that Section 823.05, F.S.A. defines a nuisance as “any house or place of prostitution . . .

THE STATE OF FLORIDA, VINCENT C. GIBLIN v. JIMMY SULLIVAN,, 157 Fla. 496 (Fla. 1946)

. . . place in Miami, Florida, as defined by the laws of Florida under the terms and provisions of Section 823.05 . . .

L. v., 6 B.T.A. 312 (B.T.A. 1927)

. . . This proceeding is for the redetermination of a deficiency of $10,-823.05 in income taxes for the year . . .