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Ex. DUT-FL-009 Standing duty Primary source read

Statute: Fla. Stat. ch. 386, pt. I (2020), ss. 386.01, 386.02, 386.03, 386.041, 386.051

Particular conditions affecting public health, Part I: Sanitary nuisances

Florida Legislature (codified statute); administered by the Department of Health and county health departments · Florida (State)

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The record

Jurisdiction
Florida
Level
State
Authority
Fla. Const. art. III; Fla. Stat. ch. 386, pt. I (Sanitary Nuisances), ss. 386.01-386.051
Issued
2020-07-01 July 1, 2020
Effective
In force throughout 2020 Q2 through 2021 Q3 (read as 2020-07-01)
End
standing (read as 2021-09-30)
In force
Standing since July 1, 2020 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureStanding dutyOther
Addressees
  • persons generally; owners or persons in control of premises; corporations and organizations conducting business
Character
sanitary code duty
Collection
Standing duties: Florida DUT-FL

Operative words

A sanitary nuisance is the commission of any act, by an individual, municipality, organization, or corporation, or the keeping, maintaining, propagation, existence, or permission of anything... by which the health or life of an individual, or the health or lives of individuals, may be threatened or impaired, or by which or through which, directly or indirectly, disease may be caused.

Penalty

Second-degree misdemeanor for 'creating, keeping, or maintaining a nuisance injurious to health' (s. 386.051); abatement at the violator's cost and suit for the cost (s. 386.03(2)(a)); injunction (s. 381.0012); administrative fine (s. 381.0061)

What it required

Every individual, organization and corporation was forbidden to commit any act or permit any condition 'by which or through which, directly or indirectly, disease may be caused'; the Department of Health must notify the person 'committing, creating, keeping, or maintaining' the nuisance 'to remove or cause to be removed, the same within 24 hours' (s. 386.03(1)), may abate it at the person's expense, may 'Institute criminal proceedings' and may proceed by injunction under s. 381.0012 and administrative fine under s. 381.0061.

Retrieval note

Rendered from the Florida Senate's full-chapter 2020 page (Wayback capture of Nov. 6, 2020, within the period). The quotation omits the repeated phrase 'by an individual, municipality, organization, or corporation' after 'anything' to stay within 400 characters. Section 386.041(1)(f) makes 'Any other condition determined to be a sanitary nuisance as defined in s. 386.01' prima facie evidence of a nuisance injurious to health. The exhibit also contains Part II (Florida Clean Indoor Air Act), not relied on.