Bill Text: FL S0888 | 2020 | Regular Session | Comm Sub
Bill Title: Public Nuisances
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2020-03-10 - Laid on Table, refer to CS/CS/HB 625 [S0888 Detail]
Download: Florida-2020-S0888-Comm_Sub.html
Florida Senate - 2020 CS for CS for SB 888 By the Committees on Rules; and Community Affairs; and Senator Perry 595-04461-20 2020888c2 1 A bill to be entitled 2 An act relating to public nuisances; amending s. 3 60.05, F.S.; authorizing sheriffs to enjoin public 4 nuisances; revising notice requirements for the filing 5 of temporary injunctions relating to the enjoinment of 6 certain nuisances; extending the period of notice 7 before a lien may attach to certain real estate; 8 amending s. 823.05, F.S.; making technical changes; 9 declaring that the use of a location by a criminal 10 gang, criminal gang members, or criminal gang 11 associates for criminal gang-related activity is a 12 public nuisance; declaring that any place or premises 13 that has been used on more than two occasions during a 14 certain period as the site of specified violations is 15 a nuisance and may be abated or enjoined pursuant to 16 specified provisions; providing a property owner an 17 opportunity to remedy a nuisance before specified 18 legal actions may be taken against the property under 19 certain circumstances; amending s. 893.138, F.S.; 20 declaring that any place or premises that has been 21 used on more than two occasions during a certain 22 period as the site of any combination of specified 23 violations may be declared to be a nuisance and may be 24 abated pursuant to specified procedures; providing a 25 property owner an opportunity to remedy a nuisance 26 before specified legal actions may be taken against 27 the property under certain circumstances; providing an 28 effective date. 29 30 Be It Enacted by the Legislature of the State of Florida: 31 32 Section 1. Section 60.05, Florida Statutes, is amended to 33 read: 34 60.05 Abatement of nuisances.— 35 (1) When any nuisance as defined in s. 823.05 exists, the 36 Attorney General, state attorney, city attorney, county 37 attorney, sheriff, or any citizen of the county may sue in the 38 name of the state on his or her relation to enjoin the nuisance, 39 the person or persons maintaining it, and the owner or agent of 40 the building or ground on which the nuisance exists. 41 (2) The court may allow a temporary injunction without bond 42 on proper proof being made. If it appears by evidence or 43 affidavit that a temporary injunction should be issuedissue, 44 the court, pending the determination on final hearing, may 45 enjoin any of the following: 46 (a) The maintaining of a nuisance.;47 (b) The operating and maintaining of the place or premises 48 where the nuisance is maintained.;49 (c) The owner or agent of the building or ground upon which 50 the nuisance exists.;51 (d) The conduct, operation, or maintenance of any business 52 or activity operated or maintained in the building or on the 53 premises in connection with or incident to the maintenance of 54 the nuisance. 55 56 The injunction shall specify the activities enjoined and may 57shallnot preclude the operation of any lawful business not 58 conducive to the maintenance of the nuisance complained of.At59least 3 days’ notice in writing shall be givendefendant of the60time and place of application for the temporary injunction.61 (3)(a) The defendant shall be given written notice to abate 62 the nuisance within 10 days after the issuance of the notice. 63 The notice must inform the defendant that an application for 64 temporary injunction may be filed if the nuisance is not timely 65 abated. If the nuisance is not timely abated, the defendant must 66 be given a second written notice that informs the defendant that 67 an application for a temporary injunction will be filed if the 68 nuisance is not abated within 15 days after the end of the 69 initial 10-day period. However, if the defendant responds to the 70 first notice in writing within the initial 10-day period, and in 71 such response alleges and provides proof that: 72 1. Nuisance abatement involves compliance with another law 73 of this state and the requirements of such law make nuisance 74 abatement within 10 days impossible; or 75 2. The terms of an executed contract to perform services 76 necessary to abate the nuisance require more than 10 days to 77 complete, 78 79 the defendant must be given a second written notice providing 80 the defendant with an extended time period to abate the nuisance 81 sufficient to comply with such other law or contract terms. 82 (b) A second notice sent under paragraph (a) must also 83 provide the location where the application will be filed and the 84 time when it will be filed. If the nuisance is not timely abated 85 as provided in the second notice, the application for the 86 temporary injunction must be filed as indicated in the notice. 87 (c) In addition to the information required under 88 paragraphs (a) and (b), each notice must: 89 1. If applicable, describe the building, booth, tent, or 90 place that is an alleged nuisance. 91 2. State the activities that led to the nuisance 92 allegations. 93 3. State the actions necessary to abate the nuisance. 94 4. State that costs will be assessed if abatement of the 95 nuisance is not completed and if the court determines that the 96 nuisance exists. 97 (d) The notices provided in this subsection must be sent by 98 personal service to the owner at his or her address as it 99 appears on the latest tax assessment roll or to the tenant of 100 such address. If an address is not found for the owner, the 101 notices must be sent to the location of the alleged nuisance and 102 displayed prominently and conspicuously at that location. 103 (4)(3)Evidence of the general reputation of the alleged 104 nuisance and place is admissible to prove the existence of the 105 nuisance. AnNoaction filed by a citizen may notshallbe 106 dismissed unless the court is satisfied that it should be 107 dismissed. Otherwise the action shall continue and the state 108 attorney notified to proceed with it. If the action is brought 109 by a citizen and the court finds that there was no reasonable 110 ground for the action, the costs shall be taxed against the 111 citizen. 112 (5)(4)On trial if the existence of a nuisance is shown, 113 the court shall issue a permanent injunction and order the costs 114 to be paid by the persons establishing or maintaining the 115 nuisance and shall adjudge that the costs are a lien on all 116 personal property found in the place of the nuisance and on the 117 failure of the property to bring enough to pay the costs, then 118 on the real estate occupied by the nuisance. ANolien may not 119shallattach to the real estate of any other than suchsaid120 persons unless a second5 days’written notice has been given in 121 accordance with paragraph (3)(a) to the owner or his or her 122 agent who fails to begin to abate the nuisance within the time 123 specified thereinsaid 5 days. In a proceeding abating a 124 nuisance pursuant to s. 823.10 or s. 823.05, if a tenant has 125 been convicted of an offense under chapter 893 or s. 796.07, the 126 court may order the tenant to vacate the property within 72 127 hours if the tenant and owner of the premises are parties to the 128 nuisance abatement action and the order will lead to the 129 abatement of the nuisance. 130 (6)(5)If the action was brought by the Attorney General, a 131 state attorney, or any other officer or agency of state 132 government; if the court finds either before or after trial that 133 there was no reasonable ground for the action; and if judgment 134 is rendered for the defendant, the costs and reasonable attorney 135attorney’sfees shall be taxed against the state. 136 Section 2. Section 823.05, Florida Statutes, is amended to 137 read: 138 823.05 Places and groups engaged in certain activities 139criminal gang-related activitydeclared a nuisance; abatement 140 and enjoinmentmassage establishments engaged in prohibited141activity; may be abated and enjoined.— 142 (1) A person who erects, establishes, continues, maintains, 143 owns, or leases any of the following is deemed to be maintaining 144 a nuisance, and the building, erection, place, tent, or booth, 145 and the furniture, fixtures, and contents of such structure, are 146 declared a nuisance, and all such places or persons shall be 147 abated or enjoined as provided in ss. 60.05 and 60.06: 148 (a) AWhoever shall erect, establish, continue, or149maintain, own or lease anybuilding, booth, tent, or place that 150whichtends to annoy the community or injure the health of the 151 community, or becomesbecomemanifestly injurious to the morals 152 or manners of the people as provideddescribedin s. 823.01., or153 (b) Aanyhouse or place of prostitution, assignation, or 154 lewdness.or155 (c) A place or building in which persons engage inwhere156 games of chanceare engagedin violation of law.or157 (d) Aanyplace where any law of the state is violated,158shall be deemed guilty of maintaining a nuisance, and the159building, erection, place, tent or booth and the furniture,160fixtures, and contents are declared a nuisance. All such places161or persons shall be abated or enjoined as provided in ss. 60.05162and 60.06. 163 (2)(a) As used in this subsection, the terms “criminal 164 gang,” “criminal gang member,” “criminal gang associate,” and 165 “criminal gang-related activity” have the same meanings as 166 provided in s. 874.03. 167 (b) A criminal gang, criminal gang member, or criminal gang 168 associate who engages in the commission of criminal gang-related 169 activity is a public nuisance.Any andAll such persons shall be 170 abated or enjoined as provided in ss. 60.05 and 60.06. 171 (c) The use of a locationon two or more occasionsby a 172 criminal gang, criminal gang members, or criminal gang 173 associates for the purpose of engaging in criminal gang-related 174 activity is a public nuisance. Such use of a location as a 175 public nuisance shall be abated or enjoined as provided in ss. 176 60.05 and 60.06. 177 (d)Nothing inThis subsection does notshallprevent a 178 local governing body from adopting and enforcing laws consistent 179 with this chapter relating to criminal gangs and gang violence. 180 Where local laws duplicate or supplement this chapter, this 181 chapter shall be construed as providing alternative remedies and 182 not as preempting the field. 183 (e) The state, through the Department of Legal Affairs or 184 any state attorney, or any of the state’s agencies, 185 instrumentalities, subdivisions, or municipalities having 186 jurisdiction over conduct in violation of a provision of this 187 chapter may institute civil proceedings under this subsection. 188 In any action brought under this subsection, the circuit court 189 shall proceed as soon as practicable to the hearing and 190 determination. Pending final determination, the circuit court 191 may at any time enter such injunctions, prohibitions, or 192 restraining orders, or take such actions, including the 193 acceptance of satisfactory performance bonds, as the court may 194 deem proper. 195 (3) A massage establishment as defined in s. 480.033(7) 196 whichthatoperates in violation of s. 480.0475 or s. 197 480.0535(2) is declared a nuisance and may be abated or enjoined 198 as provided in ss. 60.05 and 60.06. 199 (4)(a) Any place or premises that has been used on more 200 than two occasions within a 6-month period as the site of any of 201 the following violations is declared a nuisance and may be 202 abated or enjoined as provided in ss. 60.05 and 60.06: 203 1. Section 812.019, relating to dealing in stolen property. 204 2. Section 784.011, s. 784.021, s. 784.03, or s. 784.045, 205 relating to assault and battery. 206 3. Section 810.02, relating to burglary. 207 4. Section 812.014, relating to theft. 208 5. Section 812.131, relating to robbery by sudden 209 snatching. 210 (b) Notwithstanding any other law, a rental property that 211 is declared a nuisance under this subsection may not be abated 212 or subject to forfeiture under the Florida Contraband Forfeiture 213 Act if the nuisance was committed by someone other than the 214 owner of the property and the property owner commences 215 rehabilitation of the property within 30 days after the property 216 is declared a nuisance and completes the rehabilitation within a 217 reasonable time thereafter. 218 Section 3. Section 893.138, Florida Statutes, is amended to 219 read: 220 893.138 Local administrative action to abate certain 221 activities declareddrug-related, prostitution-related, or222stolen-property-relatedpublic nuisancesand criminal gang223activity.— 224 (1) It is the intent of this section to promote, protect, 225 and improve the health, safety, and welfare of the citizens of 226 the counties and municipalities of this state by authorizing the 227 creation of administrative boards with authority to impose 228 administrative fines and other noncriminal penalties in order to 229 provide an equitable, expeditious, effective, and inexpensive 230 method of enforcing ordinances in counties and municipalities 231 under circumstances when a pending or repeated violation 232 continues to exist. 233 (2) Any place or premises that has been used: 234 (a) On more than two occasions within a 6-month period, as 235 the site of a violation of s. 796.07; 236 (b) On more than two occasions within a 6-month period, as 237 the site of the unlawful sale, delivery, manufacture, or 238 cultivation of any controlled substance; 239 (c) On one occasion as the site of the unlawful possession 240 of a controlled substance, where such possession constitutes a 241 felony and that has been previously used on more than one 242 occasion as the site of the unlawful sale, delivery, 243 manufacture, or cultivation of any controlled substance; 244 (d) By a criminal gang for the purpose of conducting 245 criminal gang activity as defined by s. 874.03; 246 (e) On more than two occasions within a 6-month period, as 247 the site of a violation of s. 812.019 relating to dealing in 248 stolen property;or249 (f) On two or more occasions within a 6-month period, as 250 the site of a violation of chapter 499; or 251 (g) On more than two occasions within a 6-month period, as 252 the site of a violation of any combination of the following: 253 1. Section 782.04, relating to murder; 254 2. Section 782.051, relating to attempted felony murder; 255 3. Section 784.045(1)(a)2., relating to aggravated battery 256 with a deadly weapon; or 257 4. Section 784.021(1)(a), relating to aggravated assault 258 with a deadly weapon without intent to kill, 259 260 may be declared to be a public nuisance, and such nuisance may 261 be abated pursuant to the procedures provided in this section. 262 (3) Any pain-management clinic, as described in s. 458.3265 263 or s. 459.0137, which has been used on more than two occasions 264 within a 6-month period as the site of a violation of: 265 (a) Section 784.011, s. 784.021, s. 784.03, or s. 784.045, 266 relating to assault and battery; 267 (b) Section 810.02, relating to burglary; 268 (c) Section 812.014, relating to theft; 269 (d) Section 812.131, relating to robbery by sudden 270 snatching; or 271 (e) Section 893.13, relating to the unlawful distribution 272 of controlled substances, 273 274 may be declared to be a public nuisance, and such nuisance may 275 be abated pursuant to the procedures provided in this section. 276 (4) Any county or municipality may, by ordinance, create an 277 administrative board to hear complaints regarding the nuisances 278 described in subsection (2). Any employee, officer, or resident 279 of the county or municipality may bring a complaint before the 280 board after giving not less than 3 days’ written notice of such 281 complaint to the owner of the place or premises at his or her 282 last known address. After a hearing in which the board may 283 consider any evidence, including evidence of the general 284 reputation of the place or premises, and at which the owner of 285 the premises shall have an opportunity to present evidence in 286 his or her defense, the board may declare the place or premises 287 to be a public nuisance as described in subsection (2). 288 (5) If the board declares a place or premises to be a 289 public nuisance, it may enter an order requiring the owner of 290 such place or premises to adopt such procedure as may be 291 appropriate under the circumstances to abate any such nuisance 292 or it may enter an order immediately prohibiting: 293 (a) The maintaining of the nuisance; 294 (b) The operating or maintaining of the place or premises, 295 including the closure of the place or premises or any part 296 thereof; or 297 (c) The conduct, operation, or maintenance of any business 298 or activity on the premises which is conducive to such nuisance. 299 (6) An order entered under subsection (5) shall expire 300 after 1 year or at such earlier time as is stated in the order. 301 (7) An order entered under subsection (5) may be enforced 302 pursuant to the procedures contained in s. 120.69. This 303 subsection does not subject a municipality that creates a board 304 under this section, or the board so created, to any other 305 provision of chapter 120. 306 (8) The board may bring a complaint under s. 60.05 seeking 307 temporary and permanent injunctive relief against any nuisance 308 described in subsection (2). 309 (9) This section does not restrict the right of any person 310 to proceed under s. 60.05 against any public nuisance. 311 (10) As used in this section, the term “controlled 312 substance” includes any substance sold in lieu of a controlled 313 substance in violation of s. 817.563 or any imitation controlled 314 substance defined in s. 817.564. 315 (11) The provisions of this section may be supplemented by 316 a county or municipal ordinance. The ordinance may include, but 317 is not limited to, provisions that establish additional 318 penalties for public nuisances, including fines not to exceed 319 $250 per day; provide for the payment of reasonable costs, 320 including reasonable attorney fees associated with 321 investigations of and hearings on public nuisances; provide for 322 continuing jurisdiction for a period of 1 year over any place or 323 premises that has been or is declared to be a public nuisance; 324 establish penalties, including fines not to exceed $500 per day 325 for recurring public nuisances; provide for the recording of 326 orders on public nuisances so that notice must be given to 327 subsequent purchasers, successors in interest, or assigns of the 328 real property that is the subject of the order; provide that 329 recorded orders on public nuisances may become liens against the 330 real property that is the subject of the order; and provide for 331 the foreclosure of property subject to a lien and the recovery 332 of all costs, including reasonable attorney fees, associated 333 with the recording of orders and foreclosure. No lien created 334 pursuant to the provisions of this section may be foreclosed on 335 real property which is a homestead under s. 4, Art. X of the 336 State Constitution. Where a local government seeks to bring an 337 administrative action, based on a stolen property nuisance, 338 against a property owner operating an establishment where 339 multiple tenants, on one site, conduct their own retail 340 business, the property owner shall not be subject to a lien 341 against his or her property or the prohibition of operation 342 provision if the property owner evicts the business declared to 343 be a nuisance within 90 days after notification by registered 344 mail to the property owner of a second stolen property 345 conviction of the tenant. The total fines imposed pursuant to 346 the authority of this section shall not exceed $15,000. Nothing 347 contained within this section prohibits a county or municipality 348 from proceeding against a public nuisance by any other means. 349 (12) Notwithstanding any other law, a rental property that 350 is declared a nuisance under this section may not be abated or 351 subject to forfeiture under the Florida Contraband Forfeiture 352 Act if the nuisance was committed by someone other than the 353 owner of the property and the property owner commences 354 rehabilitation of the property within 30 days after the property 355 is declared a nuisance and completes the rehabilitation within a 356 reasonable time thereafter. 357 Section 4. This act shall take effect July 1, 2020.