CopyCited 54 times | Published | Supreme Court of Florida
...any place where any law of the state is violated, shall be deemed guilty of maintaining a nuisance, and the building, erection, place, tent or booth and the furniture, fixtures and contents are declared a nuisance. All such places or persons shall be abated or enjoined as provided in §§
60.05 and
60.06." Fla....
...r 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." Fla. Stat. §
60.05(1), F.S.A., reads as follows: "When any nuisance as defined in §
823.05, exists, the state attorney, county solicitor, county prosecutor, or any citizen of the county may sue in the name of the state on his relation to enjoin the nuisance,...
...398, F.S.A., the Uniform Narcotic Drug Law; Ch. 404, the Florida Drug Abuse *884 Law; or Ch. 500, the Food, Drug and Cosmetic Law. It is also alleged that this conduct is a public nuisance and will persist in the future unless abated by this Court. Appellants first say that Fla. Stat. §§
60.05,
823.05 and
823.10, F.S.A., quoted above, do not satisfy constitutional requirements of due process because they are not sufficiently explicit in their description of the act, conduct, or conditions required or forbidden and do not describe the elements of the offense with reasonable certainty....
...mmon intelligence would understand the evil sought to be remedied by the statutory scheme. Appellants also say that a nuisance as defined in Fla. Stat. §
823.10, F.S.A., quoted above, cannot be enjoined through the procedure set forth in Fla. Stat. §
60.05, F.S.A., as the latter statute is applicable only to actions arising under Fla....
...The intent of the Legislature is apparent from the nuisance abatement scheme prescribed in the statutes quoted above. This intent was that the nuisance described in Fla. Stat. §
823.10, F.S.A. (which was enacted in 1969), could be enjoined or abated through Fla. Stat. §§
60.05 and
60.06, F.S.A....
CopyCited 36 times | Published | Supreme Court of Florida | 42 A.L.R. 3d 632
...mbers in the same horizontal, vertical or diagonal row calls out `bingo' and is declared the winner of a predetermined cash sum of money." Appellee, a private citizen, protested against appellant's using its building for Bingo, and, under Fla. Stat. § 60.05(1), F.S.A., brought suit for an injunction against appellant in the name of the State....
CopyCited 25 times | Published | District Court, S.D. Florida | 1989 U.S. Dist. LEXIS 12310, 1989 WL 120556
...An offense under Chapter 896, Florida Statutes (Offenses Related to Financial Transactions); or, o. An offense under an analogous statute of a state other than Florida, or under an analogous ordinance of another county or city. 29. Specified Criminal Offense means: a. a conviction under § 60.05, Florida Statutes (Nuisance Abatement); or, b....
CopyCited 22 times | Published | Court of Appeals for the Eleventh Circuit | 38 Envtl. L. Rep. (Envtl. Law Inst.) 20083, 66 ERC (BNA) 1225, 2008 U.S. App. LEXIS 6850, 2008 WL 842423
environmental concerns are considered. See 44 C.F.R. § 60.5(b)(2) (imposing the condition that certain communities
CopyCited 14 times | Published | Supreme Court of Florida
...nd the Common Law, such representation including the abatement of public nuisances. Further, ROBERT L. SHEVIN, as Attorney *992 General and Chief Legal Officer of the State, is authorized to seek abatement of public nuisances under the provisions of Section
60.05, Florida Statutes, as amended by Chapter 71-268, Laws of Florida, 1971, and Section
823.04 [823.05], Florida Statutes....
...Butler chain, and seriously affect property rights of landowners in the lake area. "8. The Counterdefendants by their activities mentioned above have created, and are creating, a public nuisance in violation of the common law, and the provisions of Section
60.05, Florida Statutes, as amended by Chapter 71-268, Laws of Florida, 1971, and Section
823.05, Florida Statutes, this public nuisance being continued and unabated." In paragraph 21 of the judgment the trial court asserts: "......
CopyCited 8 times | Published | Florida 2nd District Court of Appeal
...Section
166.021(2), Florida Statutes (1981), defines "municipal purpose" as "any activity or power which may be exercised by the state or its political subdivisions." Clearly, the state has the power by statute to authorize an award of attorney's fees and costs in legal proceedings. See, e.g., §
60.05(5) (actions to abate nuisances); §
61.16 (divorce proceedings); §
440.34 (workers' compensation proceedings); §
627.428 (action on insurance contract); Fla....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal
...The third count presented an application to enjoin the threatened public nuisance alleging that the construction and use of the property for the purpose for which it had been so zoned would result in construction and maintenance of a place which would tend to annoy the community, as provided for by §§
60.05(1) and
823.05 Fla....
...Secondly, they argue that a construction upon and use of property which has been authorized by the zoning thereof would not constitute a public nuisance. The first of those grounds is without merit. An action to abate a public nuisance [1] may be brought by a citizen of the county in the name of the state (§ 60.05(1) Fla....
...int. Zetrouer v. Zetrouer,
89 Fla. 253,
103 So. 625, 626; Lewis v. Peters, Fla. 1953,
66 So.2d 489, 492-493. [2] A different rule applies where one seeking to enjoin a public nuisance proceeds as an individual, and not in the name of the state under §
60.05 Fla....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal
...[16] One such specific general law is section
380.11, Florida Statutes (1981), "The Florida Environmental Land and Water Management Act of 1972." This law expressly gives the state attorney the power to institute a civil action to enjoin violations of section
380.11. Furthermore, another example is section
60.05(1), Florida Statutes (1981), the public nuisance statute....
...[13] See notes 3 and 4 respectively. [14] See note 2. [15] Such proceedings could involve petitions for writs of certiorari, mandamus, prohibition, or habeas corpus because these actions historically have always been within a prosecuting attorney's authority. [16] See §§
60.05(1); 83.761(4); 246.229;
286.011(4); 351.18;
380.11; 409.245; 496.13(6); 533.05;
540.02; 544.04;
545.08;
559.78;
559.813(4); 559.923(2); 585.195(5);
817.561(4);
849.0915(3), Fla....
...The unambiguous emphasis in these sections is on DER's authority to act on behalf of the state. See generally Kavanaugh & Quinlan, chapter 24, pp. 26-28. [19] Additionally, we again note that a state attorney is not precluded from filing a public nuisance action against GDC. § 60.05(1), Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal
...This is an interlocutory appeal from an order of the Circuit Court of Orange County denying appellants' motion to dismiss. The State of Florida filed an action to abate or enjoin a public nuisance alleging that the trial court had jurisdiction pursuant to Sections
823.05,
60.05,
60.06 and
796.07, Florida Statutes (1975)....
...lated, shall be deemed guilty of maintaining a nuisance, and the building, erection, place, tent or booth and the furniture, fixtures and contents are declared a nuisance. All such places or persons shall be *1327 abated or enjoined as provided in §§
60.05 and
60.06. (emphasis supplied) Section
60.05(1), Florida Statutes (1975), provides as follows: "Abatement of nuisances....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...Thereafter, a second amended complaint was filed by the two parties, the State of Florida on relation of the Attorney General and the State Department of Administration. The amended complaint alleged that the construction of Indico Corporation's Pinnacle Port Condominium project would create a public nuisance pursuant to §
60.05 and
823.05, Florida Statutes....
...s against the state for a total amount of $32,455.32 was entered. It is this cost judgment from which this interlocutory appeal is taken. The Attorney General contends that costs should not have been assessed against him in this action brought under §
60.05, Florida Statutes, to abate an alleged public nuisance as defined by §
823.05, Florida Statutes. We agree. §
60.05 provides in pertinent part as follows: "(1) When any nuisance as defined in §
823.05 exists, the attorney general or state attorney or any citizen of the county may sue in the name of the state on his relation to enjoin the nuisance, the pe...
...y exempted. The exemptions in the statutes do not include the State or its agencies and we can find no basis for reading such an exemption into the plain language of the Act." In the case sub judice, §
57.041 must be considered in pari materia with §
60.05....
...downer which resulted in a final judgment in favor of the landowner, necessarily concluded that the equities were wholly in the landowner's favor. I wholeheartedly agree. Finally, the majority has seized upon an isolated provision in Florida Statute 60.05(3) and applied to it the doctrine of "expressio unius est exclusio alterius" to conclude that under no circumstances are costs to be assessed against the State when the State initiates an action pursuant to Florida Statute 60.05. Long prior to the enactment of the predecessor of Florida Statute 60.05(3), the Supreme Court of Florida in Lewis v. Yale [6] enunciated the doctrine to be followed in assessing costs in equity actions, and this doctrine has continued to be applied in the jurisprudence of this State subsequent to the enactment of Florida Statute 60.05....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1999 WL 44336
...e sustained special or peculiar injuries different in kind, not merely in degree, from the injury to the public at large. See, e.g., Page v. Niagara Chem. Div. of Food Mach. & Chem. Corp.,
68 So.2d 382, 385 (Fla.1953). However, under the language of section
60.05, Florida Statutes (1995), any citizen who sues in the name of the state to enjoin a public nuisance need not show that he or she has sustained or will sustain special damages or injury different in kind from injury to the public at large....
CopyPublished | District Court, M.D. Florida | 1969 U.S. Dist. LEXIS 8797
...Calcutta”, at pages 166-171, 242-243. On October 2, 1969, the defendant filed a complaint in the Circuit Court of Lake County, Florida, against plaintiff HMH Publishing Company, Inc., and its agents, captioned “Complaint Under Florida Statutes, Section 60.05, F.S.A....
CopyAgo (Fla. Att'y Gen. 2009).
Published | Florida Attorney General Reports
...r abate the condition. Such notice is prima facie evidence of maintaining a nuisance, and upon failure of the property owner to treat, remove, or abate the condition, the local arthropod control agency or any affected citizen may proceed pursuant to s. 60.05 to enjoin the nuisance and may recover costs and attorney's fees if they prevail in the action." (e.s.) Thus, the above statute sets forth the authority of the district to take action if a property owner fails to "treat, remove, or abate" th...
...ccumulation of standing freshwater capable of breeding mosquitoes or other arthropods in significant numbers so as to constitute a public health, welfare, or nuisance problem, by providing that the district may seek to abate the nuisance pursuant to section 60.05 , Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 12361
...16 One such specific general law is section
380.11, Florida Statutes (1981), “The Florida Environmental Land and Water Management Act of 1972.” This law expressly gives the state attorney the power to institute a civil action to enjoin violations of section
380.11. Furthermore, another example is section
60.05(1), Florida Statutes (1981), the public nuisance statute....
...See notes 3 and 4 respectively. . See note 2. . Such proceedings could involve petitions for writs of certiorari, mandamus, prohibition, or habeas corpus because these actions historically have always been within a prosecuting attorney's authority. . See §§
60.05(1); 83.761(4); 246.229; 286.-011(4); 351.18;
380.11; 409.245; 496.13(6); 533.05;
540.02; 544.04;
545.08;
559.78; 559.-813(4); 559.923(2); 585.195(5);
817.561(4);
849.0915(3), Fla.Stat....
...The unambiguous emphasis in these sections is on DER's authority to act on behalf of the state. See generally Kavanaugh & Quinlan, chapter 24, pp. 26-28. .Additionally, we again note that a state attorney is not precluded from filing a public nuisance action against GDC. § 60.05(1), Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 8144
...nd from December 1972 to the present time. The nuisance described above is continuing at this time. On motion of the appellee, an order was entered by the trial judge dismissing the complaint with prejudice. The material part of the order states: 2. Section
60.05 of the Florida Statutes [F.S.A.] provides that when any nuisance as defined in Section
823.05 exists, that the Attorney General of the State of Florida may sue in the name of the State, to enjoin the nuisance or the person maintaining the nuisance....
...lation of ROBERT L. SHEVIN, Attorney General, is hereby dismissed with prejudice. *784 The attorney general, on behalf of the State of Florida, filed this appeal from the above order. As indicated above, the action was brought under the provision of Section 60.05, Florida Statutes, F.S.A., which authorizes the attorney general, and other categories of persons named, to sue in the name of the State to enjoin the nuisance or the person maintaining the nuisance....
...Appellee asserts additionally that appellant has not shown that he was maintaining a place which in and of itself tended to annoy the community. Upon careful consideration of the record and briefs and the oral argument of counsel, we find that the attorney general does have standing to bring the action pursuant to Section
60.05, supra, and that the complaint does state a cause of action under the provisions of Section
823.05 as read in para materia with Section 823.-01, Florida Statutes, F.S.A., 1971 sufficient to withstand appellee’s motion to dismiss upon the grounds stated therein....
...[i]t has been' said that an attempt to enumerate all nuisances would be almost the equivalent as an attempt to classify the infinite variety of ways in which one may be annoyed or impeded in the enjoyment of his rights. . ” The supreme court, in the cited case,.upheld the constitutionality of Sections
60.05 and
823.05, supra....
CopyPublished | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 7331
unincorporated organizations filed an action under §
60.05 Fla. Stat., F.S.A. to abate a public nuisance.
CopyPublished | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 6963
, and are subject to injunction under F.S. Section
60.05, F.S.A. After a preliminary hearing, the trial
CopyPublished | Florida 5th District Court of Appeal | 1982 Fla. App. LEXIS 19851
...La Fuente,
343 So.2d 930 (Fla. 3d DCA 1977); Fla.R.Civ.Proc. 1.190. Cf. Shamhart v. Morrison Cafeteria Co.,
159 Fla. 629 ,
32 So.2d 727 (Fla.1947) (plaintiff successfully demonstrated elements of nuisance; dismissal reversed). Reversed and remanded for further proceedings. . Section
60.05(1) states: “[A]ny citizen of the county may sue ......
