The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH

Chapter 386
SANITARY NUISANCES; FLORIDA CLEAN AIR ACT

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F.S. 386.041

386.041 Nuisances injurious to health.—

(1) The following conditions existing, permitted, maintained, kept, or caused by any individual, municipal organization, or corporation, governmental or private, shall constitute prima facie evidence of maintaining a nuisance injurious to health:

(a) Untreated or improperly treated human waste, garbage, offal, dead animals, or dangerous waste materials from manufacturing processes harmful to human or animal life and air pollutants, gases, and noisome odors which are harmful to human or animal life.

(b) Improperly built or maintained septic tanks, water closets, or privies.

(d) Unclean or filthy places where animals are slaughtered.

(e) The creation, maintenance, or causing of any condition capable of breeding flies, mosquitoes, or other arthropods capable of transmitting diseases, directly or indirectly to humans.

(f) Any other condition determined to be a sanitary nuisance as defined in s. 386.01.

(2) The Department of Health, its agents and deputies, or local health authorities are authorized to investigate any condition or alleged nuisance in any city, town, or place within the state, and if such condition is determined to constitute a sanitary nuisance, they may take such action to abate the said nuisance condition in accordance with the provisions of this chapter.

History.—s. 2, ch. 63-64; ss. 19, 35, ch. 69-106; s. 150, ch. 77-147; s. 77, ch. 97-101.

F.S. 386.041 on Google Scholar

F.S. 386.041 on Casetext

Amendments to 386.041

Arrestable Offenses / Crimes under Fla. Stat. 386.041

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 386.041.

Annotations, Discussions, Cases:

Cases from cite.case.law:

DAVIS, v. KVALHEIM,, 261 F. App'x 231 (11th Cir. 2008)

. . . maintained that the defendants conspired to interpret and apply Fla.Code §§ 403.413(4)(c), 823.01, 386.041 . . .

CRANE POINT ASSOCIATES, INC. v. STATE, 805 So. 2d 26 (Fla. Dist. Ct. App. 2001)

. . . involves permitting the presence of ‘untreated ... human waste’ on [Crane’s] property which, under section 386.041 . . . See §§ 386.041(2); 381.0012, Fla. Stat. (2001). . . .

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

. . . Defendant filed a Motion to Dismiss alleging that Florida Statute 386.041 is unconstitutionally vague . . . Florida Statutes 386.041 and 386.051 are not void for vagueness. . . . Florida Statutes 386.041 and 386.051 do not contain any subjective words or standards. . . . This Court finds that Florida Statutes 386.041 and 386.051 are not unconstitutionally vague. . . . Florida Statute 386.041 (1989). . . .

NATIONAL RAILROAD PASSENGER CORPORATION, v. STATE OF FLORIDA,, 929 F.2d 1532 (11th Cir. 1991)

. . . . § 386.041(l)(f) (1989). . . .

TAMPA FARM SERVICE, INC. v. PASCO COUNTY, 37 Fla. Supp. 2d 102 (Fla. Cir. Ct. 1989)

. . . academic interest to compare sub-sections 1-4 of Section 823.14(4)(a) with sub-sections (a)-(f) of Section 386.041 . . . Section 386.041 is a part of a section of the Statutes dealing with public health and is titled “Nuisances . . . conditions listed in sub-sections 1-4 of 823.14(4) mimics the conditions listed in sub-sections (a)-(f) of 386.041 . . . (1) except that 823.14(4)(a) does not contain condition (e) of 386.041(1) which reads as follows: “The . . .

STATE v. MONTCO RESEARCH PRODUCTS, INC., 529 So. 2d 826 (Fla. Dist. Ct. App. 1988)

. . . Count III charges a violation of section 386.041 which provides that certain conditions permitted or . . . COBB and DANIEL, JJ., concur. . § 403.727(3)(b), Fla.Stat. (1983). . § 387.08, Fla.Stat. (1983). . § 386.041 . . .

MARATHON TRAILERAMA, INC. v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 487 So. 2d 73 (Fla. Dist. Ct. App. 1986)

. . . permitting the presence of “untreated ... human waste” on the appellant’s property which-, under section 386.041 . . . Nor do we agree that the special treatment in section 386.041(l)(b) of “privies” — which, it is argued . . . with or detracts from the broad and surely salutary prohibition of untreated human waste in section 386.041 . . . Each day that a violation continues may constitute a separate violation. .Section 386.041 provides: Nuisances . . .

STATE PETTENGILL, v. COPELAN,, 466 So. 2d 1133 (Fla. Dist. Ct. App. 1985)

. . . Nuisances, § 1; also see § 386.041, Florida Statutes. . . .

H. HINES, v. REICHHOLD CHEMICALS, INCORPORATED, a, 383 So. 2d 948 (Fla. Dist. Ct. App. 1980)

. . . Although the complaint does not mention it, Section 386.041(1)(a), Florida Statutes (1977), makes it . . .

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

. . . will fill with stagnant salt water, which will be a nuisance as set forth in Section 823.05, 60.05 and 386.041 . . .

FLORIDA PROCESSING COMPANY, a v. STATE E. GERSTEIN, METROPOLITAN DADE COUNTY, v. FLORIDA PROCESSING COMPANY, a E., 277 So. 2d 547 (Fla. Dist. Ct. App. 1973)

. . . . § 386.041(1) (a), F.S.A. Nevertheless, the court was here concerned with a temporary situation. . . .