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Public Nuisance Offences in Miami, Florida

You may never have thought that acting in an unsocial manner in a public place is a punishable offense in Florida. The legal term for this sort of behavior is ‘being a public nuisance.’ There is a definition of this in Florida statute 823.01. Here it is defined as any activity that injures the population’s general health, is annoying to the community, or in some way corrupts public morals.

Any offense that is classified as a public nuisance is a second degree misdemeanor. The punishment for this is up to 60 days in jail and a $500 fine. The only violation that is classified as a public nuisance which is punishable as a third degree felony  is when someone is caught maintaining or keeping a building which is used for using, keeping, selling, or delivering a controlled substance.

Public Nuisance Offenses in Miami Florida

Types of public nuisance offenses

There are other types of unlawful offenses that attract either similar or higher penalties that are commonly mistaken for public nuisances. These include being intoxicated in a public place, littering, loitering, having in one’s possession in public alcohol in an open container, public drunkenness and trespassing.

Public nuisance offenses in Florida:

  • lighting a fire within 55 feet of a building or house;

  • bringing or selling a domestic animal into an area that’s known to be carrying a contagious disease;

  • improperly disposing or burying the body of a dead domestic animal;

  • maintaining a building or dwelling that harbors gang activity;

  • incorrect direction of the opening of an outside door as all doors are required to open outwards to act as fire escapes;

  • improperly abandoning certain kinds of home appliances like clothes washers and refrigerators so that they act as a hazard to small children;

  • abandoning a derelict vessel;

  • smoking while in an elevator;

  • maintaining or keeping a place that’s used for illegally viewing or storing obscene materials;

  • openly burning as way of disposing of agricultural materials;

  • violating Florida’s laws that are concerned with the sterilization and release of animals.

If you have been apprehended and charged by a police officer under Florida’s public nuisance statute, don’t hesitate to contact experienced Miami criminal defense attorney, Albert Quirantes, who will do everything in his power to get your charge dismissed.

According to Miami NBC, Miami Beach has a public nuisance offender problem with some people being repeat offenders. At the moment law enforcement is asking the public to assist in cracking down on offenders who are causing a public nuisance by attending court and providing testimonies that back up the presence and seriousness of public nuisance offenders. Law enforcers sometimes get it wrong when charging a person for being a public nuisance, so your charge could be dismissed if you hire Miami criminal defense attorney, Albert Quirantes, who knows when you have been wrongfully charge and will act in your interest to get your charge overturned.

Call him at 305-644-1800 as soon as possible.

Call Us Now!


Albert M. Quirantes | Miami Criminal Defense Lawyer Office


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