Bill Text: FL S1580 | 2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Local Administrative Action to Abate Public Nuisances and Criminal Gang Activity

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-03-09 - Died on Calendar [S1580 Detail]

Download: Florida-2012-S1580-Introduced.html

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       Florida Senate - 2012                                    SB 1580
       
       
       
       By Senator Latvala
       
       
       
       
       16-00705-12                                           20121580__
    1                        A bill to be entitled                      
    2         An act relating to local administrative action to
    3         abate public nuisances and criminal gang activity;
    4         amending s. 893.138, F.S.; authorizing a local
    5         administrative board to declare a place to be a public
    6         nuisance if the place is used on more than two
    7         occasions within a 6-month period as the site of the
    8         storage of a controlled substance with intent to sell
    9         or deliver the controlled substance; providing that an
   10         order entered against a person for a public nuisance
   11         expires after 1 year or at an earlier time if so
   12         stated in the order unless the person has violated the
   13         order during the term of the order; requiring that the
   14         board conduct a hearing to determine whether the
   15         person violated the administrative order; authorizing
   16         the board to extend the term of the order by up to 1
   17         additional year and to impose a penalty if the board
   18         finds that the person violated the order; authorizing
   19         a county or municipal ordinance to include fines for
   20         days of public nuisance activities outside the 6-month
   21         period in which the minimum number of activities are
   22         shown to have occurred; authorizing a local ordinance
   23         to provide for continuing jurisdiction over a place or
   24         premises that are subject to an extension of the
   25         administrative order; providing an effective date.
   26  
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Subsections (2), (6), and (11) of section
   30  893.138, Florida Statutes, are amended to read:
   31         893.138 Local administrative action to abate drug-related,
   32  prostitution-related, or stolen-property-related public
   33  nuisances and criminal gang activity.—
   34         (2) Any place or premises that has been used:
   35         (a) On more than two occasions within a 6-month period, as
   36  the site of a violation of s. 796.07;
   37         (b) On more than two occasions within a 6-month period, as
   38  the site of the unlawful sale, delivery, manufacture, or
   39  cultivation of a any controlled substance, or as the site of the
   40  storage of a controlled substance with intent to sell or deliver
   41  the controlled substance off the premises;
   42         (c) On one occasion as the site of the unlawful possession
   43  of a controlled substance, where such possession constitutes a
   44  felony, and that has been previously used on more than one
   45  occasion as the site of the unlawful sale, delivery,
   46  manufacture, or cultivation of a any controlled substance;
   47         (d) By a criminal gang for the purpose of conducting
   48  criminal gang-related gang activity as defined in by s. 874.03;
   49  or
   50         (e) On more than two occasions within a 6-month period, as
   51  the site of a violation of s. 812.019 relating to dealing in
   52  stolen property,
   53  
   54  may be declared to be a public nuisance, and such nuisance may
   55  be abated pursuant to the procedures provided in this section.
   56         (6) An order entered under subsection (4) expires shall
   57  expire after 1 year or at such earlier time as is stated in the
   58  order unless the person has violated the order during the term
   59  of the order. After providing notice to the person whose
   60  activities have been declared to be a public nuisance, the board
   61  shall conduct a hearing to determine whether the person violated
   62  the administrative order entered under subsection (5). If the
   63  board finds that the person violated the order, the board may
   64  extend the term of the order by up to 1 additional year and may
   65  impose an additional penalty to the extent authorized by this
   66  section and by a supplemental county or municipal ordinance.
   67         (11) The provisions of This section may be supplemented by
   68  a county or municipal ordinance. The ordinance may include, but
   69  need is not be limited to, provisions that establish additional
   70  penalties for public nuisances, including fines not to exceed
   71  $250 per day for each day that the public nuisance activities
   72  described in subsection (2) have occurred, including days
   73  outside the 6-month period in which the minimum number of public
   74  nuisance activities are shown to have occurred. The ordinance
   75  may also; provide for the payment of reasonable costs, including
   76  reasonable attorney fees associated with investigations of and
   77  hearings on public nuisances; provide for continuing
   78  jurisdiction for a period of 1 year over any place or premises
   79  that have has been or are is declared to be a public nuisance,
   80  subject to an extension for up to 1 additional year as provided
   81  in subsection (6); establish penalties, including fines not to
   82  exceed $500 per day for recurring public nuisances; provide for
   83  the recording of orders on public nuisances so that notice must
   84  be given to subsequent purchasers, successors in interest, or
   85  assigns of the real property that is the subject of the order;
   86  provide that recorded orders on public nuisances may become
   87  liens against the real property that is the subject of the
   88  order; and provide for the foreclosure of the property that is
   89  subject to a lien and the recovery of all costs, including
   90  reasonable attorney fees, associated with the recording of
   91  orders and foreclosure. A No lien created pursuant to the
   92  provisions of this section may not be foreclosed on real
   93  property that which is a homestead under s. 4, Art. X of the
   94  State Constitution. When Where a local government seeks to bring
   95  an administrative action, based on a stolen property nuisance,
   96  against a property owner operating an establishment where
   97  multiple tenants, on one site, conduct their own retail
   98  business, the property owner is shall not be subject to a lien
   99  against his or her property or the prohibition of operation
  100  provision if the property owner evicts the business declared to
  101  be a nuisance within 90 days after notification by registered
  102  mail to the property owner of a second stolen property
  103  conviction of the tenant. The total fines imposed pursuant to
  104  the authority of this section may shall not exceed $15,000.
  105  Nothing contained within This section does not prohibit
  106  prohibits a county or municipality from proceeding against a
  107  public nuisance by any other means.
  108         Section 2. This act shall take effect July 1, 2012.