Florida Statute 823.05

A

als54

New member
I try to keep up with the CCW laws for Florida. In 790 it mentions 823.05 which is kind of vague. As I understand it, you cannot CCW in a structure where illegal actions are happening. Is that correct? I had to go the the statute for clarification.

823.05 Places declared a nuisance; may be abated and enjoined.--Whoever shall erect, establish, continue, or maintain, own or lease any building, booth, tent or place which tends to annoy the community or injure the health of the community, or become manifestly injurious to the morals or manners of the people as described in s. 823.01, or shall be frequented by the class of persons mentioned in 1s. 856.02, 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.
 
It's a "catch-all" statute. Designed and worded so that anything that isn't specifically articulated in some other statute can be covered by it.

Personally, I hate these sort of laws as they only serve to hurt and punish innocents and are the result (usually) of excessive zeal by legislators, prosecutors, and law enforcement to "protect" the public.
 
Count me as Rob +1. I find it hard to believe that in America we have laws saying that you can't have a "place which tends to annoy the community". Around my stomping grounds, one of the most liberal counties in one of the most liberal states, a "place which tends to annoy the community" could be a military recruiting station, NRA office, or even a church.

Laws like this only promote tyranny of the majority. I've heard that the Constitution is supposed to prevent that sort ot thing.

Tim
 
Several years ago I lived in a 5th floor condo in Cape Canaveral. Accross the canal and 400-500 yards away was a building that had been converted to a club. On Friday and Saturday nights they opened the doors and the music blasting out of there was incredible. Couldn't hear the TV in my own living room. Sleep was out of the question.

I bitched to the cops several times a night, every night they were open. Wrote letters, made phone calls. The cops would show up, the noise would go down. The cops would leave, the noise went back up.

Long story, but I finally got the club closed. It certainly did "annoy the community" or at least me. I was glad to see it go.

BTW, the building is now a Fairvilla sex shop. Videos and toys. Nice, quiet place.

John
Cape Canaveral
 
"It certainly did "annoy the community" or at least me."

Put the shoe on the other foot. What if everyone in the community but you liked the club?

Tim
 
What if everyone in the community but you liked the club?
Click to expand...

Sure.

Right.

Everyone in the neighborhood likes the equivalent of a boom-box car pounding away right outside their patio door for 6 hours a night twice a week.

:rolleyes:

John
 
Hay, would be kinda cool if I had the club next door to your place. I'd never have to pay for music to dance to.

Something here about lemons and lemonade...
 
Essentially what this law does is remove your "exemption" from "carrying a firearm in the commission of a crime." If you are in a location where the law is being violated, generally you are involved in some type criminal activity. You don't hang out at an illegal casino unless you want to do some betting or at a brothel if you aren't looking for sex.

The average BG carrying a firearm while committing a crime gets charged with gun possession during the commission of that crime. This law simply voids your CCW if you enter an illegal area or are committing an illegal act and lets them add one more charge against you.
 
You must log in or register to reply here.
Back
Top