The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 60
INJUNCTIONS

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F.S. 60.05

60.05 Abatement of nuisances.—

(1) When any nuisance as defined in s. 823.05 exists, the Attorney General, state attorney, city attorney, county attorney, sheriff, or any citizen of the county may sue in the name of the state on his or her 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.

(2) The court may allow a temporary injunction without bond on proper proof being made. If it appears by evidence or affidavit that a temporary injunction should be issued, the court, pending the determination on final hearing, may enjoin any of the following:

(a) The maintaining of a nuisance.

(b) The operating and maintaining of the place or premises where the nuisance is maintained.

(d) The conduct, operation, or maintenance of any business or activity operated or maintained in the building or on the premises in connection with or incident to the maintenance of the nuisance.

The injunction shall specify the activities enjoined and may not preclude the operation of any lawful business not conducive to the maintenance of the nuisance complained of.

(3)(a) The defendant shall be given written notice to abate the nuisance within 10 days after the issuance of the notice. The notice must inform the defendant that an application for temporary injunction may be filed if the nuisance is not timely abated. If the nuisance is not timely abated, the defendant must be given a second written notice that informs the defendant that an application for a temporary injunction will be filed if the nuisance is not abated within 15 days after the end of the initial 10-day period. However, if the defendant responds to the first notice in writing within the initial 10-day period, and in such response alleges and provides proof that:

1. Nuisance abatement involves compliance with another law of this state and the requirements of such law make nuisance abatement within 10 days impossible; or

2. The terms of an executed contract to perform services necessary to abate the nuisance require more than 10 days to complete,

the defendant must be given a second written notice providing the defendant with an extended time period to abate the nuisance sufficient to comply with such other law or contract terms.

(b) A second notice sent under paragraph (a) must also provide the location where the application will be filed and the time when it will be filed. If the nuisance is not timely abated as provided in the second notice, the application for the temporary injunction must be filed as indicated in the notice.

1. If applicable, describe the building, booth, tent, or place that is an alleged nuisance.

2. State the activities that led to the nuisance allegations.

3. State the actions necessary to abate the nuisance.

4. State that costs will be assessed if abatement of the nuisance is not completed and if the court determines that the nuisance exists.

(d) The notices provided in this subsection must be sent by personal service to the owner at his or her address as it appears on the latest tax assessment roll or to the tenant of such address. If an address is not found for the owner, the notices must be sent to the location of the alleged nuisance and displayed prominently and conspicuously at that location.

(4) Evidence of the general reputation of the alleged nuisance and place is admissible to prove the existence of the nuisance. An action filed by a citizen may not be dismissed unless the court is satisfied that it should be dismissed. Otherwise the action shall continue and the state attorney notified to proceed with it. If the action is brought by a citizen and the court finds that there was no reasonable ground for the action, the costs shall be taxed against the citizen.

(5) On trial if the existence of a nuisance is shown, the court shall issue a permanent injunction and order the costs to be paid by the persons establishing or maintaining the nuisance and shall adjudge that the costs are a lien on all personal property found in the place of the nuisance and on the failure of the property to bring enough to pay the costs, then on the real estate occupied by the nuisance. A lien may not attach to the real estate of any other than such persons unless a second written notice has been given in accordance with paragraph (3)(a) to the owner or his or her agent who fails to begin to abate the nuisance within the time specified therein. In a proceeding abating a nuisance pursuant to s. 823.10 or s. 823.05, if a tenant has been convicted of an offense under chapter 893 or s. 796.07, the court may order the tenant to vacate the property within 72 hours if the tenant and owner of the premises are parties to the nuisance abatement action and the order will lead to the abatement of the nuisance.

(6) If the action was brought by the Attorney General, a state attorney, or any other officer or agency of state government; if the court finds either before or after trial that there was no reasonable ground for the action; and if judgment is rendered for the defendant, the costs and reasonable attorney fees shall be taxed against the state.

History.—ss. 2, 3, 4, ch. 7367, 1917; RGS 3223-3226; CGL 5029-5032; s. 1, ch. 20467, 1941; s. 2, ch. 29737, 1955; s. 15, ch. 67-254; s. 1, ch. 71-268; s. 14, ch. 73-334; s. 1, ch. 77-268; s. 8, ch. 87-243; s. 318, ch. 95-147; s. 1, ch. 96-237; s. 31, ch. 2016-24; s. 1, ch. 2020-130.

Note.—Former ss. 64.11-64.14.

F.S. 60.05 on Google Scholar

F.S. 60.05 on Casetext

Amendments to 60.05

Arrestable Offenses / Crimes under Fla. Stat. 60.05

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 60.05.

Annotations, Discussions, Cases:

Cases from cite.case.law:

ALABAMA LEGISLATIVE BLACK CAUCUS, v. ALABAMA, v., 231 F. Supp. 3d 1026 (M.D. Ala. 2017)

. . . Seven majority-black House districts fell below Sanders’s 62 % minimum: HD 19 (61.25 % black), HD 32 (60.05 . . .

W. CHO v. JS AUTOWORLD LTD. d b a JS LLC d b a U. S. A., 97 F. Supp. 3d 351 (E.D.N.Y. 2015)

. . . The Plaintiff seeks an award of expenses of $60.05, plus attorneys’ fees in the amount of $750 (3 hours . . .

ECHEVARRIA- PEREZ, v. BURGE,, 779 F. Supp. 2d 326 (W.D.N.Y. 2011)

. . . Penal Law § 60.05(2). . . .

SIEFERT, v. C. ALEXANDER,, 608 F.3d 974 (7th Cir. 2010)

. . . Nor does he challenge SCR 60.05, which directs judges to conduct their extra-judicial activities in a . . .

SIEFERT, v. C. ALEXANDER, a a R. a A. a A. a a R. a M. a, 597 F. Supp. 2d 860 (W.D. Wis. 2009)

. . . SCR 60.05(3)(c). . . . activities that might “[c]ast reasonable doubt on the judges’s capacity to act impartially as a judge,” SCR 60.05 . . .

D. JORDAN, II, v. EQUIFAX INFORMATION SERVICES, LLC SLM, 549 F. Supp. 2d 1372 (N.D. Ga. 2008)

. . . Plaintiff, however, seeks compensation for only 169 of these hours, having deducted 60.05 hours for time . . .

DUWE, v. C. ALEXANDER, R. A. R. L., 490 F. Supp. 2d 968 (W.D. Wis. 2007)

. . . . * * * SCR 60.05. . . . expressing an opinion on these aspects of the death penalty would violate SCR 60.04(l)(b), 60.04(4), 60.05 . . . SCR 60.05(l)(a) A judge shall conduct all of the judge’s extra-judicial activities so that they do [not . . . The other subparts of SCR 60.05(1) preclude conduct that demeans the judicial office and interferes with . . . The immediately subsequent section of Rule 60.05 expressly authorizes judges to speak on legal issues . . .

I. BALLARD, v. J. ASTRUE, 485 F. Supp. 2d 290 (W.D.N.Y. 2007)

. . . Rothstein should, therefore, be compensated for a total of 60.05 hours at the hourly rate of $154.00, . . .

DALCIN, v. NEW YORK,, 438 F. Supp. 2d 176 (W.D.N.Y. 2006)

. . . Penal Law §§ 60.05(3), 70.02(3)(a). . . .

UNITED STATES v. CARSWELL,, 144 F. Supp. 2d 123 (N.D.N.Y. 2001)

. . . . §§ 60.05(6), 70.04, 70.06 (increased punishment for second felony and second, violent felony offenders . . .

COOHEY Co- s v. UNITED STATES, 172 F.3d 1060 (8th Cir. 1999)

. . . Mertens, The Law of Federal Income Taxation, § 60.05 at 16 (1976 rev. ed.). . . .

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

. . . However, uhder the language of section 60.05, Florida Statutes (1995), any citizen who sues in the name . . .

ASSISTED LIVING ASSOCIATES OF MOORESTOWN, L. L. C. v. MOORESTOWN TOWNSHIP, Of v. STOW, J. V. Of L. L. C., 31 F. Supp. 2d 389 (D.N.J. 1998)

. . . favor of alienability of land comes in to urge strict construetion[.]” 9 Powell on Real Property § 60.05 . . . courts must enforce [clear and unambiguous] terms as written”); see also 9 Powell on Real Property § 60.05 . . .

CITY OF ST. PETERSBURG, v. A. BOWEN, A., 675 So. 2d 626 (Fla. Dist. Ct. App. 1996)

. . . board so created, to any other provision of chapter 120. (6) The board may bring a complaint under s. 60.05 . . . described in subsection (1). (7)This section does not restrict the right of any person to proceed under s. 60.05 . . .

K. EAGAN, v. UNITED STATES, 80 F.3d 13 (1st Cir. 1996)

. . . States, 495 F.2d 211, 212-13 (8th Cir.1974) and Jacob Mertens, Jr., The Law of Federal Income Taxation § 60.05 . . . Id., 18 F.3d at 26; Mertens, supra, § 60.05. . . .

LOCKHEED SANDERS, INC. v. UNITED STATES, 862 F. Supp. 677 (D.N.H. 1994)

. . . 2062, 104 L.Ed.2d 628 (1989); Jacob Mertens, Jr., Mertens Law of Federal Income Taxation §§ 59.14, 60.05 . . .

E. LEWIS R. v. COMMISSIONER OF INTERNAL REVENUE,, 18 F.3d 20 (1st Cir. 1994)

. . . Jacob Mertens, Jr., The Law of Federal Income Taxation § 60.05 (1992). . . . fact not been received” and does not, without more, furnish grounds for estoppel); Mertens, supra, § 60.05 . . .

In ONE TIMES SQUARE ASSOCIATES LIMITED PARTNERSHIP,, 159 B.R. 695 (Bankr. S.D.N.Y. 1993)

. . . . & Prac., § 60.05), reh’g denied, 21 B.R. 478 (Bankr.S.D.N.Y.1982). . . .

In WASHINGTON ASSOCIATES,, 141 B.R. 275 (Bankr. E.D.N.Y. 1992)

. . . . & Prac., § 60.05), reh’g denied, 21 B.R. 478 (Bankr.S.D.N.Y.1982). . . .

MOVIE VIDEO WORLD, INC. a v. BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA,, 723 F. Supp. 695 (S.D. Fla. 1989)

. . . Specified Criminal Offense means: a. a conviction under § 60.05, Florida Statutes (Nuisance Abatement . . .

In ATLANTA WEST VI, a, 91 B.R. 620 (Bankr. N.D. Ga. 1988)

. . . See also 3 Norton Bankruptcy Law and Practice, section 60.05, part 60, pages 7-8 (1988). . . .

In C. WARD,, 89 B.R. 998 (Bankr. S.D. Fla. 1988)

. . . Sec. 60.05 (1981). . . .

STATE OF FLORIDA v. DODGE,, 35 Fla. Supp. 2d 2 (Fla. Cty. Ct. 1988)

. . . attorney general to seek judicial relief for abatement of the nuisance pursuant to the provisions of § 60.05 . . .

G. O BRIEN, v. UNITED STATES, 766 F.2d 1038 (7th Cir. 1985)

. . . Mertens, supra at § 60.05, p. 16 (rev. ed. 1984). . . . Mertens, supra at § 58.42, p. 138, § 60.05, pp. 16-18 (rev. ed. 1984). . . .

P. v., 84 T.C. 1244 (T.C. 1985)

. . . to petitioner {or proceeds per working unit) 1/ 1/79-1/15/79 2,728.50 1,718.61 $40,387.34 $2,251.38 $60.05 . . .

In PLANES, INC., 48 B.R. 698 (Bankr. N.D. Ga. 1985)

. . . . § 60.05, Part 60, page 7 (1985). . . .

STATE By STATE ATTORNEY FOR TWELFTH JUDICIAL CIRCUIT, v. GENERAL DEVELOPMENT CORPORATION, a, 448 So. 2d 1074 (Fla. Dist. Ct. App. 1984)

. . . Furthermore, another example is section 60.05(1), Florida Statutes (1981), the public nuisance statute . . . 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; . . . again note that a state attorney is not precluded from filing a public nuisance action against GDC. § 60.05 . . .

In S W ENTERPRISE, A, 37 B.R. 153 (Bankr. N.D. Ill. 1984)

. . . Section 60.05 (1981). . Id. . . . . Section 60.05 (1981)], quoted supra, which indicates that the purpose of Section 1122(b) is to “weed . . .

STATEN ISLAND RAPID TRANSIT OPERATING AUTHORITY, v. INTERSTATE COMMERCE COMMISSION SYSTEM FEDERATION NO. RAILWAY EMPLOYEES DEPARTMENT, AFL- CIO, v. G. DEROOS, BROTHERHOOD OF LOCOMOTIVE ENGINEERS, v. STATEN ISLAND RAPID TRANSIT OPERATING AUTHORITY,, 718 F.2d 533 (2d Cir. 1983)

. . . Sands, Sutherland’s Statutes and Statutory Construction §§ 60.01-60.05 (4th ed. 1973). . . .

ESTATE OF M. VITT, v. UNITED STATES ESTATE OF M. VITT, v. UNITED STATES, 706 F.2d 871 (8th Cir. 1983)

. . . Mertens, The Law of Federal Income Taxation § 60.05, at 16 (1976 rev. ed.). . . .

CITY OF VENICE, a v. VALENTE,, 429 So. 2d 1241 (Fla. Dist. Ct. App. 1983)

. . . See, e.g., § 60.05(5) (actions to abate nuisances); § 61.16 (divorce proceedings); § 440.34 (workers’ . . .

In PINE LAKE VILLAGE APARTMENT CO., 19 B.R. 819 (Bankr. S.D.N.Y. 1982)

. . . unsecured claims is described in 3 Norton Bankruptcy Law and Practice, Part 60 — page 7 as follows: “§ 60.05 . . .

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)

. . . Section 60.05(1) states: “[A]ny citizen of the county may sue ... to enjoin the nuisance, the person . . .

In QUALITY REDI- MIX, INC. a HILLSDALE COUNTY NATIONAL BANK, a v. F. UHLE,, 10 B.R. 409 (Bankr. W.D. Mich. 1981)

. . . See 3 part 2 Collier on Bankruptcy (14th Ed. 1964) ¶ 60.05 and 60.06, pp. 771-85, and Glessner v. . . .

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

. . . without prejudice to the state to institute an appropriate action in accordance with sections 823.05, 60.05 . . .

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

. . . Florida Statutes Chapter [§] 60.05 (1977). . . .

HUNTER, v. T. FOGG,, 616 F.2d 55 (2d Cir. 1980)

. . . Penal Law § 60.05 (McKinney 1975). . . .

JOHNSON v. A. F. SUMMER, 488 F. Supp. 83 (N.D. Miss. 1980)

. . . Plaintiffs’ counsel also alleges that he has spent 60.05 hours in handling the two appeals of this action . . .

CHEWNING v. R. SCHLESINGER,, 471 F. Supp. 767 (D.D.C. 1979)

. . . . § 60.05. . . .

CARMONA, v. WARD,, 436 F. Supp. 1153 (S.D.N.Y. 1977)

. . . Penal Law § 60.05(1). . Practice Commentary of Arnold Hechtman, McKinney’s Cons. . . .

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

. . . Officer of the State, is authorized to seek abatement of public nuisances under the provisions of Section 60.05 . . . , and are creating, a public nuisance in violation of the common law, and the provisions of Section 60.05 . . .

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

. . . enjoin a public nuisance alleging that the trial court had jurisdiction pursuant to Sections 823.05, 60.05 . . . All such places or persons shall be 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 . . .

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

. . . Indico Corporation’s Pinnacle Port Condominium project would create a public nuisance pursuant to § 60.05 . . . General contends that costs should not have been assessed against him in this action brought under § 60.05 . . . We agree. § 60.05 provides in pertinent part as follows: “(1) When any nuisance as defined in § 823.05 . . . In the case sub judice, § 57.041 must be considered in pari materia with § 60.05. . . . 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 . . . continued to be applied in the jurisprudence of this State subsequent to the enactment of Florida Statute 60.05 . . .

STATE, COUNTY ATTORNEY, v. ALMIRANTE,, 42 Fla. Supp. 1 (Dade Cty. Cir. Ct. 1975)

. . . Plaintiffs seek to abate the nuisance pursuant to §§60.05, 823.11, and Chapter 386, Florida Statutes . . .

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

. . . construction and maintenance of a place which would tend to annoy the community, as provided for by §§ 60.05 . . . seeking to enjoin a public nuisance proceeds as an individual, and not in the name of the state under § 60.05 . . .

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 . . . As indicated above, the action was brought under the provision of Section 60.05, Florida Statutes, F.S.A . . . counsel, we find that the attorney general does have standing to bring the action pursuant to Section 60.05 . . . enjoyment of his rights. . ” The supreme court, in the cited case,.upheld the constitutionality of Sections 60.05 . . .

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 . . . .

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

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

TWITCHCO, INC. v. UNITED STATES, 348 F. Supp. 330 (M.D. Ala. 1972)

. . . See generally 10 Mertens, Law of Federal Income Taxation, § 58.42, at 142-158; § 60.05, at 17-26 (rev . . .

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

. . . Section 60.05, F.S.A. . . .

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

. . . All such places or persons shall be abated or enjoined as provided in §§ 60.05 and 60.06.” . . . 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 . . . A., quoted above, cannot be enjoined through the procedure set forth in Fla.Stat. § 60.05, F.S.A., as . . . (which was enacted in 1969), could be enjoined or abated through Fla.Stat. §§ 60.05 and 60.06, F.S.A. . . .

STATE JACKSON, v. SEABOARD COAST LINE RAILROAD COMPANY, a, 257 So. 2d 88 (Fla. Dist. Ct. App. 1972)

. . . in the name of the state, an individual and two unincorporated organizations filed an action under § 60.05 . . .

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

. . . the lower court for modification of its injunctive order as appellants are permitted to do by Section 60.05 . . .

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

. . . Circuit Court for Bay County, Florida, under that state’s general nuisance statutes, Sections 823.05 and 60.05 . . .

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

. . . statute further provides; “[a] 11 such places or persons shall be abated or enjoined as provided in §§ 60.05 . . . Section 60.05 provides that when any nuisance as defined in § 823.05 exists any citizen of the county . . . All such places or persons shall be abated or enjoined as provided in §§ 60.05 and 60.06.” . . .

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

. . . . § 60.05(1), F.S.A., brought suit for an injunction against appellant in the name of the State. . . .

HMH PUBLISHING CO. a Co. a v. G. OLDHAM, Jr., 306 F. Supp. 495 (M.D. Fla. 1969)

. . . HMH Publishing Company, Inc., and its agents, captioned “Complaint Under Florida Statutes, Section 60.05 . . .

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

. . . All such places or persons shall be abated or enjoined as provided in §§. 60.05 and 60.06.” . “16. . . . By virtue of Florida Statutes § 60.05 (1967), F.S.A., the Court may enjoin the conduct, operation or . . .

In GRAIN MERCHANTS OF INDIANA, INC. L. FRANCE, v. UNION BANK AND SAVINGS COMPANY, BELLEVUE, OHIO,, 286 F. Supp. 597 (N.D. Ind. 1968)

. . . See 3 Collier, Bankruptcy, supra at § 60.05, n.14. . . .

PATTIZ v. SCHWARTZ, 386 F.2d 300 (8th Cir. 1968)

. . . reference to “errors arising from any accidental slip or omission”. 6A Moore’s Federal Practice, par. 60.05 . . .

HANSEN- STURM v. UNITED STATES, 201 F. Supp. 392 (S.D.N.Y. 1962)

. . . See 10 Mertens, op.cit. supra, § 60.05. No such suit has been brought. . . .

PIASCIK v. BRITISH MINISTRY OF WAR TRANSPORT, 83 F. Supp. 518 (S.D.N.Y. 1949)

. . . Federal Practice, Vol. 3, Section 73.03 Supp. p. 357; see also Moore’s Federal Practice, Vol. 3, Section 60.05 . . .

CORN EXCHANGE NATIONAL BANK TRUST CO. v. KLAUDER, TRUSTEE IN BANKRUPTCY, 318 U.S. 434 (U.S. 1943)

. . . .) §§ 60.05, 60.37. . . .

AMERICAN PIPE CONSTRUCTION CO. v. WESTCHESTER COUNTY, 292 F. 941 (2d Cir. 1923)

. . . building a stretch dí the sewer in the open cut on Dakota avenue on section 4, between stations 120-60.05 . . .

v., 37 F. 191 (C.C.E.D. Mo. 1889)

. . . Clerk’s costs, $60.05; marshal’s costs, $8.24; copy, $50.00; attorney, JohnP. . . .