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823.05 Places and groups engaged in criminal gang-related activity
declared a nuisance; may be abated and enjoined.--
(1) Whoever shall erect, establish, continue, or maintain, own or lease any building,
community, or become manifestly injurious to the morals or manners of the people as
described in s. 823.01, or any house or place of prostitution, assignation, lewdness or
place or building where games of chance are engaged in violation of law or any place
where any law of the state is violated, shall be deemed guilty of maintaining a nuisance,
and the building, erection, place, tent or booth and the furniture, fixtures, and contents
are declared a nuisance. All such places or persons shall be abated or enjoined as
provided in ss. 60.05 and 60.06.
(2)(a) As used in this subsection, the terms "criminal gang," "criminal gang member,"
"criminal gang associate," and "criminal gang-related activity" have the same meanings
as provided in s. 874.03.
(b) A criminal gang, criminal gang member, or criminal gang associate who engages in
the commission of criminal gang-related activity is a public nuisance. Any and all such
persons shall be abated or enjoined as provided in ss. 60.05 and 60.06.
(c) The use of a location on two or more occasions by a criminal gang, criminal gang
members, or criminal gang associates for the purpose of engaging in criminal
gang-related activity is a public nuisance. Such use of a location as a public nuisance
shall be abated or enjoined as provided in ss. 60.05 and 60.06.
(d) Nothing in this subsection shall prevent a local governing body from adopting and
enforcing laws consistent with this chapter relating to criminal gangs and gang violence.
Where local laws duplicate or supplement this chapter, this chapter shall be construed as
providing alternative remedies and not as preempting the field.
(e) The state, through the Department of Legal Affairs or any state attorney, or any of
the state's agencies, instrumentalities, subdivisions, or municipalities having jurisdiction
over conduct in violation of a provision of this chapter may institute civil proceedings
under this subsection. In any action brought under this subsection, the circuit court shall
proceed as soon as practicable to the hearing and determination. Pending final
determination, the circuit court may at any time enter such injunctions, prohibitions, or
restraining orders, or take such actions, including the acceptance of satisfactory
performance bonds, as the court may deem proper.
History.--s. 1, ch. 7367, 1917; RGS 5639; CGL 7832; s. 24, ch. 57-1; s. 66, ch. 74-383; s.
1, ch. 75-24; s. 41, ch. 75-298; s. 4, ch. 2008-238.
declared a nuisance; may be abated and enjoined.--
(1) Whoever shall erect, establish, continue, or maintain, own or lease any building,
community, or become manifestly injurious to the morals or manners of the people as
described in s. 823.01, or any house or place of prostitution, assignation, lewdness or
place or building where games of chance are engaged in violation of law or any place
where any law of the state is violated, shall be deemed guilty of maintaining a nuisance,
and the building, erection, place, tent or booth and the furniture, fixtures, and contents
are declared a nuisance. All such places or persons shall be abated or enjoined as
provided in ss. 60.05 and 60.06.
(2)(a) As used in this subsection, the terms "criminal gang," "criminal gang member,"
"criminal gang associate," and "criminal gang-related activity" have the same meanings
as provided in s. 874.03.
(b) A criminal gang, criminal gang member, or criminal gang associate who engages in
the commission of criminal gang-related activity is a public nuisance. Any and all such
persons shall be abated or enjoined as provided in ss. 60.05 and 60.06.
(c) The use of a location on two or more occasions by a criminal gang, criminal gang
members, or criminal gang associates for the purpose of engaging in criminal
gang-related activity is a public nuisance. Such use of a location as a public nuisance
shall be abated or enjoined as provided in ss. 60.05 and 60.06.
(d) Nothing in this subsection shall prevent a local governing body from adopting and
enforcing laws consistent with this chapter relating to criminal gangs and gang violence.
Where local laws duplicate or supplement this chapter, this chapter shall be construed as
providing alternative remedies and not as preempting the field.
(e) The state, through the Department of Legal Affairs or any state attorney, or any of
the state's agencies, instrumentalities, subdivisions, or municipalities having jurisdiction
over conduct in violation of a provision of this chapter may institute civil proceedings
under this subsection. In any action brought under this subsection, the circuit court shall
proceed as soon as practicable to the hearing and determination. Pending final
determination, the circuit court may at any time enter such injunctions, prohibitions, or
restraining orders, or take such actions, including the acceptance of satisfactory
performance bonds, as the court may deem proper.
History.--s. 1, ch. 7367, 1917; RGS 5639; CGL 7832; s. 24, ch. 57-1; s. 66, ch. 74-383; s.
1, ch. 75-24; s. 41, ch. 75-298; s. 4, ch. 2008-238.