CopyCited 54 times | Published | Supreme Court of Florida
...The matters and things alleged in paragraph 5 above constitute a public nuisance, which public nuisance will persist in the future unless abated or enjoined by this Court." By motion to dismiss, defendants attack the constitutionality of Chapters 823 and 60 as applied to them in this case. Fla. Stat. § 823.05, F.S.A., provides, inter alia, that "Whoever shall erect, establish, continue, or maintain, own or lease ......
...ame, 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, the person, or persons maintaining it and the owner or agent of the building or ground on which the nuisance exists." Fla....
...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....
...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. Stat. §
823.05, F.S.A....
...There is no requirement that the owners have knowledge express or implied that the law is being violated. I can see no way an innocent owner can defend such an action. Moreover, and for the same reasons above, I think the quoted statutes, viz.: Secs.
823.05 and
823.10 F.S.A....
CopyCited 47 times | Published | Supreme Court of Florida
...which reads as follows: "Whoever keeps a house of ill fame, resorted to for the purpose of prostitution or lewdness, shall be punished by imprisonment not exceeding one year." In this the appellant is in error. The injunction was obtained pursuant to the provisions of Section 823.05, Florida Statutes, F.S.A., which defines as a nuisance "any house or place of prostitution, assignation, lewdness" and which authorizes the abatement of the nuisance in accordance with Section 64.11, Florida Statutes, F.S.A., by a proc...
...Contrary to the contentions of the appellant the County Solicitor was not bound to prove each element of the offense defined by Section 796.01, Florida Statutes. The original complaint announced that the appellee was proceeding under Sections 64.11 and 823.05, supra....
CopyCited 40 times | Published | Supreme Court of Florida | 157 Fla. 496, 1946 Fla. LEXIS 780
...ng for a temporary and permanent injunction against named defendants from conducting, maintaining and operating games of chance or gambling at' a designated place in Miami, Florida, as defined by the laws of Florida under the terms and provisions of Section 823.05, Fla....
CopyCited 36 times | Published | Supreme Court of Florida | 42 A.L.R. 3d 632
...Fla. Const., Art. III, § 23 (1885); (c) F.S.A. Fla. Stat. § 849.093, is, therefore, unconstitutional; (d) therefore, appellant's clubhouse was a public nuisance since a place "where games of chance are engaged in violation of law" under Fla. Stat. § 823.05, F.S.A....
CopyCited 24 times | Published | Florida 2nd District Court of Appeal | 80 A.L.R. 2d 1117
...McEwen, State Atty., Tampa, for appellees. KANNER, Judge. The parties will be referred to as they appeared in the court below. The cause here on appeal was instituted by the state attorney of Hillsborough County under the provisions of sections 64.11, [1]
823.01, [2] and
823.05, [3] Florida Statutes, F.S.A., upon the relation of certain complaining property owners....
...d restraining them from these pursuits at the place where they had been conducted. After the complaint had been filed, the defendants moved to dismiss, raising the question as to whether the complaint stated a cause of action under section 64.11 and section 823.05, Florida Statutes, F.S.A., which motion the court denied....
...The cause is remanded to the court below for such further proceedings as are necessary in conformity with this opinion. Affirmed in part and reversed in part. ALLEN, C.J., and MORROW, R.O. Associate Judge, concur. NOTES [1] of nuisances; parties, by whom maintained. "Whenever any nuisances as defined in § 823.05 is kept, maintained or exists, the state's attorney, county solicitor, county prosecutor, or any citizen of the county through any attorney he may select, may maintain his action by complaint in the proper court in the name of the state upo...
CopyCited 22 times | Published | Supreme Court of Florida | 1953 Fla. LEXIS 1199
...beverages in some other designated building or room. It then provides that such places (meaning "additional building or storeroom" mentioned above) may be inspected and searched at any time by the supervisor, deputy sheriff, or other police officer. Section 823.05, F.S.A....
...528; 47 Am.Jur., Sec. 71, p. 547; 79 C.J.S., Searches and Seizures, § 62(b), p. 820; Dunnavant v. State, Fla.,
46 So.2d 871. The appellee places great reliance upon Section
561.29, F.S.A. with reference to the revocation or suspension of a beverage license, and Section
823.05, F.S.A....
CopyCited 21 times | Published | Supreme Court of Florida | 2001 WL 298917
...Order Granting Motion to Dismiss at 8. The trial court further noted that chapter 823 was impliedly superseded by part I of chapter 403, at least as the former relates to air and water pollution; accordingly, because Respondents' claims were based on violations of section 823.05, Florida Statutes (1995), and because the claims were related to the alleged pollution of the air and water, the trial court concluded that Respondents' public nuisance claim warranted dismissal on this basis as well....
CopyCited 15 times | Published | Florida 2nd District Court of Appeal | 4 P.U.R.4th 393
...tand it to be. Accordingly, the order appealed from should be, and it is hereby, reversed for *49 further proceedings not inconsistent herewith. BOARDMAN, J., concurs. WALKER, DAVID SETH, Associate Judge, dissents. NOTES [1] See, F.S. §§
60.05 and
823.05, F.S.A....
...estopping the state or any municipality, or person affected by air or water pollution, in the exercise of their rights in equity or under the common law or statutory law to suppress nuisances or to abate pollution." [Emphasis added.] [9] See, e.g., § 823.05 n....
CopyCited 14 times | Published | Supreme Court of Florida
...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....
...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 7 times | Published | Supreme Court of Florida
...This suit was instituted by the State under Section 64.11, Florida Statutes 1951, F.S.A. to enjoin a nuisance. The complaint charges that James Boynton is the principal and the other defendants are his agents or employees and that they engaged in the business of operating a lottery and bookmaking business contrary to Section 823.05, F.S.A....
...We are confronted with an appeal from this decree. The point for determination is whether or not the trial court committed error in entering the permanent injunction against defendants and in abating certain gambling nuisances at specified addresses in Dade County. Section 823.05, F.S.A., enumerates the places that may be abated as nuisances under Section 64.11, Florida Statutes 1951, F.S.A....
...He is compelled to pay it; if he is then forced to admit it, he has no protection against self-incrimination. We do not consider it necessary to labor the contention that merely engaging in gambling and no more is sufficient in itself to abate the place as a nuisance under the statute, F.S. §
823.05, F.S.A. In Pompano Horse Club v. State,
93 Fla. 415,
111 So. 801, 52 A.L.R. 51, the Court held in effect that the legislature answered the question, and that what the individual thinks is not material. In other words, under the terms of the act, Section
823.05, F.S.A., when the purchaser procures his stamp and pays the excise tax for the purpose of gambling at a stated address, the point is concluded....
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...to maintain this action. [1] Plaintiffs' claim of authority to bring this action as authorized by Section 64.11, Florida Statutes, F.S.A., is untenable as to the facts in the case sub judice, and its application limited to those cases referred to in Section 823.05, Florida Statutes, F.S.A....
CopyCited 4 times | Published | Supreme Court of Florida | 158 Fla. 381, 1947 Fla. LEXIS 523
community in any way." It will be observed that Section
823.05, F.S.A. defines a nuisance as "any house or
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)....
...The coiner of it certainly had no appreciation for terse and concise law English." Cochrane v. Florida East Coast Ry. Co.,
107 Fla. 431,
145 So. 217, 218 (1932). Were it not for the State's careless use of the phrase "and/or," the complaint would have been sufficient to withstand a motion to dismiss. Section
823.05, Florida Statutes (1975), provides: "Places declared a nuisance; may be abated and enjoined....
...ce. 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. (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 person or persons maintaining it, and the owner or agent of the building or ground on which the nuisance exists." Section
60.06, Florida Statutes (1975), further provides: "Abatement of nuisances; enforcement. The court shall make such orders on proper proof as will abate all nuisances mentioned in §
823.05, and has authority to enforce injunctions by contempt but the jurisdiction hereby granted does not repeal or alter §
823.01." Section 796.01, Florida Statutes (1975), reads as follows: "Keeping house of ill fame....
...We agree with the trial court's conclusion that masturbation for hire by a female of a male customer under the circumstances alleged in the complaint is an indecent act and thus constitutes lewdness and is subject to being declared a nuisance under Section 823.05....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...ida 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....
...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 person or persons maintaining it and the owner or agent of the building or ground on which the nuisance exists....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1990 WL 3233
...The prosecutor candidly observed, "How are we going to prove that element, what witness are we going to use?" [5] Interestingly, since 1917 any house of prostitution, assignation, or lewdness has been subject to abatement as a nuisance, without regard to its reputation. Ch. 7367, § 1, Laws of Fla. (1917) (currently § 823.05, Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1999 Fla. App. LEXIS 15147, 1999 WL 1037256
...le harms, including the impact a particular land use might have on the safety of the public as a whole, even though the determination of what may constitute a "nuisance" in any given circumstance will often be dependent upon the facts presented. See § 823.05, Fla....
CopyCited 1 times | Published | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 6362
necessarily a nuisance within the meaning of * * * section [823.05 Fla. Stat.].” Sawyer v. Robbins, Fla.App. 1968
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1999 WL 44336
...ane Growers Cooperative of Florida, Flo-Sun Incorporated, Okeelanta Corporation, A Duda & Sons Incorporated, and QO Chemicals (collectively "Defendants"). Plaintiffs' amended complaint alleged that Defendants maintain a public nuisance as defined in section 823.05, Florida Statutes (1995), by engaging in the cultivation, harvesting, and processing of sugar cane....
...However, given a court's limited inquiry on a motion to dismiss and given the substance of Plaintiffs' allegations, dismissal on the basis of the primary jurisdiction doctrine was inappropriate. In dismissing Plaintiffs' complaint with prejudice, the trial court also ruled that section 823.05 of Florida's Public Nuisance statute was superseded to the extent that part I of chapter 403, Florida's Air and Water Pollution Control Act, regulated air and water pollution....
...guage makes clear that chapter 403 does not supersede any part of chapter 823. Nevertheless, in the event we are reading more into section
403.191(1) than is there, we shall explain why chapter 403 should not be perceived as superseding or repealing section
823.05 by implication....
...n laws of the state, but only after first seeking relief from a governmental agency. See §
403.412(2)(a). To contrast, Florida's public nuisance statute offers broader relief without the prerequisite of first seeking aid from a governmental agency. Section
823.05 allows a private individual to directly file suit against any entity who maintains a public nuisance, which is defined as any annoyance to the community or harm to public health. This being so, something might be a public nuisance under section
823.05 while still being in compliance with existing pollution laws and regulations, and thus in compliance with chapter 403. Accordingly, construing section
823.05 as impliedly repealed or superseded is not the only reasonable construction. See Kelly,
516 So.2d at 250. Rather, section
823.05 and chapter 403 are easily harmonized as two different options under which a private citizen might seek relief from air or water pollution, depending upon the particular circumstances of the case....
CopyCited 1 times | Published | Florida 4th District Court of Appeal
...There is nothing in the record reflecting further proceedings by the Department. Two months later, the Florida Dental Association (FDA), a non-profit organization, and its president filed a complaint in the circuit court against both dentists individually and the P.A., alleging nuisance under Section 823.05, Florida Statutes (1983)....
CopyPublished | Florida 5th District Court of Appeal | 2000 Fla. App. LEXIS 13290, 2000 WL 1513760
...Likewise, at the summary judgment hearing, appellant did not address the personalty claim separately. The destruction of personal property in the course of demolition of a structure condemned as unsafe or a nuisance is not necessarily wrongful, much less a taking. See § 823.05, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2004 WL 1057641
...The trial court issued the order to show cause based upon Manatee County's affidavits as contemplated by the injunction. However, at the hearing, the trial court prohibited Manatee County from offering evidence to establish that OuterLimits constituted a public nuisance as defined by section 823.05, Florida Statutes (2002)....
...The trial court placed this limitation on Manatee County because it believed that the only basis upon which it could declare OuterLimits a public nuisance was for violations of the injunction and that if Manatee County wanted OuterLimits declared a public nuisance as defined by section 823.05, it would have to file a separate lawsuit....
CopyPublished | Supreme Court of Florida | 12 Fla. L. Weekly 259, 1987 Fla. LEXIS 1921
...aud, or deception; or 2. Other conduct similar in nature. (14) An amendment to the theft instruction, F.S.
812.014(b), (c), dealing with value, the figure of $100.00 will be changed to $300.00; (15) An amendment to the worthless check instruction, F.S.
823.05(2), changing the figure of $50.00, which appears in element 5, is hereby changed to read $150.00; (16) An amendment to the worthless check-obtaining property, F.S.
823.05(4), the figure of $50.00, which appears in element 7, is changed to read $150.00; (17) An amendment relating to the schedule of lesser included offenses as attached hereto....
CopyPublished | District Court of Appeal of Florida | 1963 Fla. App. LEXIS 3707
...the premises, and further reveals the annoyance and injury to the community resulting from the operation of the premises. In sum, at the conclusion of the State’s evidence there was a prima facie case of nuisance within contemplation of Fla.Stat. § 823.05 (1961), F.S.A....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 16332
BOOTH, Judge. This cause is before us on appeals from various orders entered in the proceeding below brought by the State under Florida Statutes, § 823.05, to enjoin defendants from operating a purported health club on the grounds that it constituted a public nuisance....
...rt in Five Sky, supra, that the business could not be operated without permitting acts of lewdness. The findings of the trial court in its orders for temporary and permanent injunctions support the relief granted, which relief is within the terms of § 823.05....
CopyPublished | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 1760, 1985 Fla. App. LEXIS 15120
nuisance was being conducted in violation of section 823.-05, Florida Statutes (1983). The evidence as to
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 6978
...re and enjoining appellants from conducting the business of selling obscene literature in violation of Section
847.011, Florida Statutes, F.S.A., and further holding that said conduct by appellants constituted a public nuisance within the purview of Section
823.05, Florida Statutes, F.S.A....
CopyPublished | District Court of Appeal of Florida
...y of the statements of the complaint and of the accompanying affidavit, and if they shall appear to be true, shall grant such process without requiring such security.” The appellees also cite Chapter 823, Fla. Stat, F.S.A., and in particular, Sec. 823.05, which statute defines certain places as nuisances, but without mentioning motion pictures or theatres where they are shown, other than stating: “Whoever shall erect, establish, continue, or maintain, own or lease any building, booth, tent o...
CopyPublished | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 8144
...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. 3. Section
823.05 of the Florida Statutes [F.S.A.] provides that one who maintains, own, [sic] or leaáes a building, booth, tent or place which tends to annoy the community or injure the health of the community shall be deemed guilty of maintaining a nuisance....
...1971. Appellee contends that the attorney general does not have such authority in the circumstances of this case. His main thrust appears to be that an automatic scarecrow device, as set forth in the complaint, is not the type of nuisance defined in Section 823.05, supra....
...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 | Florida 2nd District Court of Appeal | 1984 Fla. App. LEXIS 16724
...There is nothing in the record reflecting further proceedings by the Department. Two months later, the Florida Dental Association (FDA), a non-profit organization, and its president filed a complaint in the circuit court against both dentists individually and the P.A., alleging nuisance under Section 823.05, Florida Statutes (1983)....
CopyPublished | District Court of Appeal of Florida | 1968 Fla. App. LEXIS 5164
was subject to injunctive relief pursuant to §
823.05, Fla.Stat.,1 F.S.A. The complaint sets forth that
CopyPublished | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 6963
of maintaining a nuisance as defined in F.S. Section
823.05, F.S.A., and are subject to injunction under
CopyPublished | Florida 5th District Court of Appeal | 1982 Fla. App. LEXIS 19851
...ief to abate an alleged nuisance maintained by appellees. The injury complained of is overcrowding in a shopping plaza caused by lines of food stamp applicants. An injunction was requested pursuant to section 60.-05(1), 1 Florida Statutes (1979) and section 823.05, 2 Florida Statutes (1979)....
...Reversed and remanded for further proceedings. . Section
60.05(1) states: “[A]ny citizen of the county may sue ... to enjoin the nuisance, the person or persons maintaining it, and the owner or agent of the building or ground on which the nuisance exists. . Section
823.05 states: “[Wjhoever shall ....
CopyPublished | District Court of Appeal of Florida | 1968 Fla. App. LEXIS 5623
allegations of a nuisance, as defined in Fla.Stat. §
823.05, F.S.A., as to entitle the plaintiff to bring
CopyPublished | Supreme Court of Florida | 1949 Fla. LEXIS 1324
...The situation is complicated by the fact that although the peninsula juts into Pensacola Bay, in close proximity to the city, it is not a part of Escambia County but of the adjoining county of Santa Rosa. Nuisances of this character are denounced in Section
823.05 , Florida Statutes, 1941, and F.S.A., and maintenance of them is an indictable offense, Section
823.01 ....
...the Attorney General, is statutory, National Container Corporation v. State ex rel. Stockton,
138 Fla. 32 ,
189 So. 4 , 122 A.L.R. 1000 , and they rely on Section 64.11, Florida Statutes, 1941, and F.S.A., which provides that any nuisance defined in Section
823.05 may be enjoined by certain prosecuting officers "or any citizen of the county * * * in the name of the State of Florida upon the relation of such attorneys or citizen * * *." (Italics supplied.) Relators' thought is that the law protec...
