F.S. 823.01 - Florida Nuisance Offenses

Being charged with a nuisance offense might not sound serious at first. Yet as our Fort Lauderdale criminal defense lawyers can explain, these crimes can carry significant legal consequences and long-term repercussions. 

Offenses like creating a public nuisance (F.S. 823.01), maintaining a nuisance property (F.S. 823.05), and disorderly conduct (F.S. 877.03) can lead to hefty fines, a criminal record, a shuttering of your business and even jail time in certain cases. A conviction can impact your reputation, college admissions, employment opportunities and future prospects. 

Prosecutors take these cases seriously – and so should you. Whether you’re facing allegations of disturbing the peace or maintaining hazardous property conditions, hiring an experienced Fort Lauderdale criminal defense lawyer can mean the difference between a conviction and a favorable outcome. 

A skilled attorney will fight to protect your rights, challenge weak evidence, and work toward seeing the charges dismissed or at least reduced. Don’t let a nuisance charge become a permanent stain on your record. Invest in your future with a strong legal defense. 

The State of Florida has numerous laws addressing nuisance-related offenses. These include:

• F.S. 877.03 – Breach of the Peace; Disorderly Conduct
• F.S. 823.01 – Public Nuisance
• F.S. 823.05 – Places Declared a Public Nuisance

Florida Statute F.S. 877.03, commonly known as the “breach of peace” or “disorderly conduct” statute represents one of the most frequently-charged misdemeanors in Florida. This statute makes it unlawful to engage in acts that corrupt morals, outrage public decency or breach the peace. 

Once again, this deliberately broad language gives law enforcement a lot of discretion in how it’s applied. The Florida Supreme Court has interpreted this statute to prohibit conduct that would reasonably tend to provoke violence or disrupt the public order. That aid, the exact boundaries of what constitutes a violation continue to evolve through case law. 

What makes F.S. 877.03 particularly challenging from a Fort Lauderdale defense lawyer perspective is its intersectionality with constitutionally-protected rights, especially those under the First Amendment. Courts have consistently held that while the statute serves legitimate public safety interests, it can’t be used to criminalize protected speech or expressive conduct. For example, merely using profanity or engaging in political protest, without more, typically can’t support a conviction on a charge of disorderly conduct. Far too many people decline to push back on these charges because they don’t realize the complexity of these cases and how heavily a conviction depends on the specific context and circumstances of each case. 

Key defense strategies may include:

• Challenging the officer’s interpretation of events
• Demonstrating the defendant’s actions (while controversial or unpopular) don’t rise to the level of criminal conduct
• Challenging the strength of evidence that it was, indeed, the defendant involved (particularly if there was a large crowd involved)

A conviction on this second-degree misdemeanor may result in 60 days in jail and a $500 fine. It could also impact employment opportunities, professional licenses and immigration status. An experienced Fort Lauderdale criminal defense lawyer can often negotiate for alternative resolutions, such as a pretrial diversion or civil citations, particularly for first-time offenders.

These are all nuisances that tend to annoy the community, injure the health of citizens in general, or corrupt the public morals. 

The statute’s broad language means it can be applied to a wide range of situations, from operating an unlicensed business to maintaining property conditions that pose a health risk to neighbors. 

Prosecutors must prove several key elements to secure a conviction under F.S. 823.01. They need to demonstrate the defendant either created or maintained the nuisance. Then they must show the condition meets the legal definition of a “public nuisance,” meaning it affects the community at-large (as opposed to an individual or a small group). Third, they must establish the defendant had control over the nuisance and had the ability to abate it. 

This is considered a second-degree misdemeanor in Florida, which is punishable by up to 60 days in jail and a $500 fine. Additional consequences can include civil actions and potential property restrictions. It’s also important to note this statute can intersect with various local ordinances and regulations. 

An experienced Fort Lauderdale criminal defense attorney may employ a number of strategies to defend against public nuisance charges. These might include challenging the public nature of the alleged incident, demonstrating a lack of control over the conditions, or proving the defendant took reasonable steps to address the issue once notified. In rare cases, public nuisance charges might be challenged on constitutional groups, particularly in novel situations or in ways that might infringe against one’s constitutional rights (free speech, freedom of religion, etc.). 

F.S. 823.05 is a powerful tool for police and prosecutors to address properties that have allegedly become centers of criminal activity or public health hazards. It’s typically used to target properties that are allegedly maintained or used for illegal activities such as prostitution, drug dealing, gambling or gang activity. 

Here again, the scope of the statute is broad. It can apply to both residential and commercial properties, and it empowers local authorities to take decisive action against property owners who knowingly allow their properties to be used for unlawful purposes. 

Consequences for violating F.S. 823.05 can be severe and multi-faceted – extending far beyond traditional Florida criminal penalties. When a property is declared a nuisance per this statute, courts have the authority to issue temporary or permanent injunctions, effectively shutting down operations at the location. 

The owner of the property can also face expensive civil penalties, which may include civil forfeiture proceedings which may deprive them not only of ownership, but any profits related to the sale. They may also be subject to something called an abatement proceeding, where local authorities take direct action to address the nuisance at the owner’s expense. Costs can become liens against the property, which may result in foreclosure if unpaid. 

A skilled criminal defense attorney in Fort Lauderdale can challenge the evidence that allegedly links the property owner to the reported criminal activities, arguing the owner took reasonable steps to prevent illegal activities. We may also assert a lack of knowledge of the nuisance conditions. If due process rules weren’t strictly followed (such as specific notice requirements), we might assert a procedural defense. 

Given the potential for property loss and significant financial penalties, early intervention by experienced legal counsel is critical in achieving the best possible outcome in F.S. 823.05 cases. 

Contact the Fort Lauderdale Criminal Defense Lawyers at The Ansara Law Firm by calling (954) 761-4011.