Florida § 386.041 Nuisances injurious to health

Florida Statutes

§ 386.041 — Nuisances injurious to health

Florida § 386.041

TitleXXIX

Ch. 386SANITARY NUISANCES; FLORIDA CLEAN AIR ACT

This text of Florida § 386.041 (Nuisances injurious to health) is published on Counsel Stack Legal Research, covering Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fla. Stat. § 386.041 (2026).

Text

(1)The following conditions existing, permitted, maintained, kept, or caused by any individual, municipal organization, or corporation, governmental or private, shall constitute prima facie evidence of maintaining a nuisance injurious to health:

(a)Untreated or improperly treated human waste, garbage, offal, dead animals, or dangerous waste materials from manufacturing processes harmful to human or animal life and air pollutants, gases, and noisome odors which are harmful to human or animal life.

(b)Improperly built or maintained septic tanks, water closets, or privies.

(c)The keeping of diseased animals dangerous to human health.

(d)Unclean or filthy places where animals are slaughtered.

(e)The creation, maintenance, or causing of any condition capable of breeding flies, mosquitoes,

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(1) The following conditions existing, permitted, maintained, kept, or caused by any individual, municipal organization, or corporation, governmental or private, shall constitute prima facie evidence of maintaining a nuisance injurious to health: (a) Untreated or improperly treated human waste, garbage, offal, dead animals, or dangerous waste materials from manufacturing processes harmful to human or animal life and air pollutants, gases, and noisome odors which are harmful to human or animal life. (b) Improperly built or maintained septic tanks, water closets, or privies. (c) The keeping of diseased animals dangerous to human health. (d) Unclean or filthy places where animals are slaughtered. (e) The creation, maintenance, or causing of any condition capable of breeding flies, mosquitoes, or other arthropods capable of transmitting diseases, directly or indirectly to humans. (f) Any other condition determined to be a sanitary nuisance as defined in s. 386.01.

(2) The Department of Health, its agents and deputies, or local health authorities are authorized to investigate any condition or alleged nuisance in any city, town, or place within the state, and if such condition is determined to constitute a sanitary nuisance, they may take such action to abate the said nuisance condition in accordance with the provisions of this chapter.