Florida Senate - 2018                                    SB 1300
       
       
        
       By Senator Perry
       
       
       
       
       
       8-00861-18                                            20181300__
    1                        A bill to be entitled                      
    2         An act relating to public nuisances; amending s.
    3         823.05, F.S.; providing that the use of a location by
    4         a criminal gang, criminal gang members, or criminal
    5         gang associates for the purpose of engaging in
    6         criminal gang-related activity is a public nuisance;
    7         providing that any place or premises that has been
    8         used on more than two occasions within a certain
    9         period as the site of specified violations is declared
   10         a nuisance and may be abated or enjoined pursuant to
   11         specified provisions; making technical changes;
   12         providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 823.05, Florida Statutes, is amended to
   17  read:
   18         823.05 Places and groups engaged in certain activities
   19  criminal gang-related activity declared a nuisance; abatement
   20  and enjoinment massage establishments engaged in prohibited
   21  activity; may be abated and enjoined.—
   22         (1) A person who erects, establishes, continues, maintains,
   23  owns, or leases any of the following is deemed to be maintaining
   24  a nuisance, and the building, erection, place, tent, or booth,
   25  and the furniture, fixtures, and contents of such structure, are
   26  declared a nuisance, and all such places or persons shall be
   27  abated or enjoined as provided in ss. 60.05 and 60.06:
   28         (a)A Whoever shall erect, establish, continue, or
   29  maintain, own or lease any building, booth, tent, or place that
   30  which tends to annoy the community or injure the health of the
   31  community, or becomes become manifestly injurious to the morals
   32  or manners of the people as provided described in s. 823.01., or
   33         (b)A any house or place of prostitution, assignation, or
   34  lewdness. or
   35         (c)A place or building in which persons engage in where
   36  games of chance are engaged in violation of law. or
   37         (d)A any place where any law of the state is violated,
   38  shall be deemed guilty of maintaining a nuisance, and the
   39  building, erection, place, tent or booth and the furniture,
   40  fixtures, and contents are declared a nuisance. All such places
   41  or persons shall be abated or enjoined as provided in ss. 60.05
   42  and 60.06.
   43         (2)(a) As used in this subsection, the terms “criminal
   44  gang,” “criminal gang member,” “criminal gang associate,” and
   45  “criminal gang-related activity” have the same meanings as
   46  provided in s. 874.03.
   47         (b) A criminal gang, criminal gang member, or criminal gang
   48  associate who engages in the commission of criminal gang-related
   49  activity is a public nuisance. Any and all such persons shall be
   50  abated or enjoined as provided in ss. 60.05 and 60.06.
   51         (c) The use of a location on two or more occasions by a
   52  criminal gang, criminal gang members, or criminal gang
   53  associates for the purpose of engaging in criminal gang-related
   54  activity is a public nuisance. Such use of a location as a
   55  public nuisance shall be abated or enjoined as provided in ss.
   56  60.05 and 60.06.
   57         (d) Nothing in this subsection shall prevent a local
   58  governing body from adopting and enforcing laws consistent with
   59  this chapter relating to criminal gangs and gang violence. Where
   60  local laws duplicate or supplement this chapter, this chapter
   61  shall be construed as providing alternative remedies and not as
   62  preempting the field.
   63         (e) The state, through the Department of Legal Affairs or
   64  any state attorney, or any of the state’s agencies,
   65  instrumentalities, subdivisions, or municipalities having
   66  jurisdiction over conduct in violation of a provision of this
   67  chapter may institute civil proceedings under this subsection.
   68  In any action brought under this subsection, the circuit court
   69  shall proceed as soon as practicable to the hearing and
   70  determination. Pending final determination, the circuit court
   71  may at any time enter such injunctions, prohibitions, or
   72  restraining orders, or take such actions, including the
   73  acceptance of satisfactory performance bonds, as the court may
   74  deem proper.
   75         (3) A massage establishment as defined in s. 480.033(7)
   76  that operates in violation of s. 480.0475 or s. 480.0535(2) is
   77  declared a nuisance and may be abated or enjoined as provided in
   78  ss. 60.05 and 60.06.
   79         (4)Any place or premises that has been used on more than
   80  two occasions within a 6-month period as the site of any of the
   81  following violations is declared a nuisance and may be abated or
   82  enjoined as provided in ss. 60.05 and 60.06:
   83         (a)Section 812.019, relating to dealing in stolen
   84  property.
   85         (b)Section 784.011, s. 784.021, s. 784.03, or s. 784.045,
   86  relating to assault and battery.
   87         (c)Section 810.02, relating to burglary.
   88         (d)Section 812.014, relating to theft.
   89         (e)Section 812.131, relating to robbery by sudden
   90  snatching.
   91         Section 2. This act shall take effect July 1, 2018.