Florida Senate - 2019 CS for SB 668
By the Committee on Criminal Justice; and Senator Perry
591-03672-19 2019668c1
1 A bill to be entitled
2 An act relating to public nuisances; amending s.
3 60.05, F.S.; revising notice requirements for the
4 filing of temporary injunctions relating to the
5 enjoinment of certain nuisances; extending the period
6 of notice before a lien may attach to certain real
7 estate; amending s. 823.05, F.S.; making technical
8 changes; providing that the use of a location by a
9 criminal gang, criminal gang members, or criminal gang
10 associates for criminal gang-related activity is a
11 public nuisance; declaring that any place or premises
12 that has been used on more than two occasions within a
13 certain period as the site of specified violations is
14 a nuisance and may be abated or enjoined pursuant to
15 specified provisions; providing a property owner an
16 opportunity to remedy a nuisance before specified
17 legal actions may be taken against the property under
18 certain circumstances; providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Section 60.05, Florida Statutes, is amended to
23 read:
24 60.05 Abatement of nuisances.—
25 (1) When any nuisance as defined in s. 823.05 exists, the
26 Attorney General, state attorney, city attorney, county
27 attorney, or any citizen of the county may sue in the name of
28 the state on his or her relation to enjoin the nuisance, the
29 person or persons maintaining it, and the owner or agent of the
30 building or ground on which the nuisance exists.
31 (2) The court may allow a temporary injunction without bond
32 on proper proof being made. If it appears by evidence or
33 affidavit that a temporary injunction should issue, the court,
34 pending the determination on final hearing, may enjoin any of
35 the following:
36 (a) The maintaining of a nuisance.;
37 (b) The operating and maintaining of the place or premises
38 where the nuisance is maintained.;
39 (c) The owner or agent of the building or ground upon which
40 the nuisance exists.;
41 (d) The conduct, operation, or maintenance of any business
42 or activity operated or maintained in the building or on the
43 premises in connection with or incident to the maintenance of
44 the nuisance.
45
46 The injunction shall specify the activities enjoined and shall
47 not preclude the operation of any lawful business not conducive
48 to the maintenance of the nuisance complained of.
49 (3)(a) The defendant shall be given written notice to abate
50 the nuisance within 10 days after the issuance of such notice at
51 least 3 days’ notice in writing shall be given defendant of the
52 time and place of application for the temporary injunction. The
53 notice must inform the defendant that an application for
54 temporary injunction may be filed if the nuisance is not abated.
55 If the nuisance is not timely abated, the defendant must be
56 given a second written notice that informs the defendant that an
57 application for a temporary injunction will be filed if the
58 nuisance is not abated within 15 days after the end of the
59 initial 10-day period. This notice also must provide the
60 location where the application will be filed and the time that
61 it will be filed. If the nuisance is not timely abated as
62 provided in the second notice, the application for the temporary
63 injunction must be filed as indicated in the notice.
64 (b) In addition to the information provided in paragraph
65 (a), each notice must:
66 1. If applicable, describe the building, booth, tent, or
67 place that is declared a nuisance;
68 2. State the activities that led to the nuisance being
69 declared;
70 3. State the actions necessary to abate the nuisance; and
71 4. State that costs will be assessed if abatement of the
72 nuisance is not completed and if there is a determination by the
73 court that such nuisance exists.
74 (c) The notices provided in this subsection must be sent by
75 personal service to the owner at his or her address as it
76 appears on the latest tax assessment roll or to the tenant of
77 such address. If an address is not found for the owner, the
78 notices must be sent to the location of the declared nuisance
79 and displayed prominently and conspicuously at such location.
80 (d) If a nuisance presents a danger of immediate and
81 irreparable injury to a person or to the safety of a community,
82 the notice requirements under paragraph (a) are waived, and only
83 one notice is required, which must inform the defendant that the
84 application for a temporary injunction will be filed if the
85 nuisance is not abated within a designated timeframe of between
86 24 and 72 hours. The notice also must identify the location
87 where the application will be filed and time that it will be
88 filed.
89 (4)(3) Evidence of the general reputation of the alleged
90 nuisance and place is admissible to prove the existence of the
91 nuisance. No action filed by a citizen shall be dismissed unless
92 the court is satisfied that it should be dismissed. Otherwise
93 the action shall continue and the state attorney notified to
94 proceed with it. If the action is brought by a citizen and the
95 court finds that there was no reasonable ground for the action,
96 the costs shall be taxed against the citizen.
97 (5)(4) On trial if the existence of a nuisance is shown,
98 the court shall issue a permanent injunction and order the costs
99 to be paid by the persons establishing or maintaining the
100 nuisance and shall adjudge that the costs are a lien on all
101 personal property found in the place of the nuisance and on the
102 failure of the property to bring enough to pay the costs, then
103 on the real estate occupied by the nuisance. A No lien may not
104 shall attach to the real estate of any other than said persons
105 unless 15 5 days’ written notice has been given to the owner or
106 his or her agent who fails to begin to abate the nuisance within
107 the 15-day period said 5 days. In a proceeding abating a
108 nuisance pursuant to s. 823.10 or s. 823.05, if a tenant has
109 been convicted of an offense under chapter 893 or s. 796.07, the
110 court may order the tenant to vacate the property within 72
111 hours if the tenant and owner of the premises are parties to the
112 nuisance abatement action and the order will lead to the
113 abatement of the nuisance.
114 (6)(5) If the action was brought by the Attorney General, a
115 state attorney, or any other officer or agency of state
116 government; if the court finds either before or after trial that
117 there was no reasonable ground for the action; and if judgment
118 is rendered for the defendant, the costs and reasonable
119 attorney’s fees shall be taxed against the state.
120 Section 2. Section 823.05, Florida Statutes, is amended to
121 read:
122 823.05 Places and groups engaged in certain activities
123 criminal gang-related activity declared a nuisance; abatement
124 and enjoinment massage establishments engaged in prohibited
125 activity; may be abated and enjoined.—
126 (1) A person who erects, establishes, continues, maintains,
127 owns, or leases any of the following is deemed to be maintaining
128 a nuisance, and the building, erection, place, tent, or booth,
129 and the furniture, fixtures, and contents of such structure, are
130 declared a nuisance, and all such places or persons shall be
131 abated or enjoined as provided in ss. 60.05 and 60.06:
132 (a) A Whoever shall erect, establish, continue, or
133 maintain, own or lease any building, booth, tent, or place that
134 which tends to annoy the community or injure the health of the
135 community, or becomes become manifestly injurious to the morals
136 or manners of the people as provided described in s. 823.01., or
137 (b) A any house or place of prostitution, assignation, or
138 lewdness. or
139 (c) A place or building in which persons engage in where
140 games of chance are engaged in violation of law. or
141 (d) A any place where any law of the state is violated,
142 shall be deemed guilty of maintaining a nuisance, and the
143 building, erection, place, tent or booth and the furniture,
144 fixtures, and contents are declared a nuisance. All such places
145 or persons shall be abated or enjoined as provided in ss. 60.05
146 and 60.06.
147 (2)(a) As used in this subsection, the terms “criminal
148 gang,” “criminal gang member,” “criminal gang associate,” and
149 “criminal gang-related activity” have the same meanings as
150 provided in s. 874.03.
151 (b) A criminal gang, criminal gang member, or criminal gang
152 associate who engages in the commission of criminal gang-related
153 activity is a public nuisance. Any and all such persons shall be
154 abated or enjoined as provided in ss. 60.05 and 60.06.
155 (c) The use of a location on two or more occasions by a
156 criminal gang, criminal gang members, or criminal gang
157 associates for the purpose of engaging in criminal gang-related
158 activity is a public nuisance. Such use of a location as a
159 public nuisance shall be abated or enjoined as provided in ss.
160 60.05 and 60.06.
161 (d) Nothing in this subsection shall prevent a local
162 governing body from adopting and enforcing laws consistent with
163 this chapter relating to criminal gangs and gang violence. Where
164 local laws duplicate or supplement this chapter, this chapter
165 shall be construed as providing alternative remedies and not as
166 preempting the field.
167 (e) The state, through the Department of Legal Affairs or
168 any state attorney, or any of the state’s agencies,
169 instrumentalities, subdivisions, or municipalities having
170 jurisdiction over conduct in violation of a provision of this
171 chapter may institute civil proceedings under this subsection.
172 In any action brought under this subsection, the circuit court
173 shall proceed as soon as practicable to the hearing and
174 determination. Pending final determination, the circuit court
175 may at any time enter such injunctions, prohibitions, or
176 restraining orders, or take such actions, including the
177 acceptance of satisfactory performance bonds, as the court may
178 deem proper.
179 (3) A massage establishment as defined in s. 480.033(7)
180 that operates in violation of s. 480.0475 or s. 480.0535(2) is
181 declared a nuisance and may be abated or enjoined as provided in
182 ss. 60.05 and 60.06.
183 (4)(a) Any place or premises that has been used on more
184 than two occasions within a 6-month period as the site of any of
185 the following violations is declared a nuisance and may be
186 abated or enjoined as provided in ss. 60.05 and 60.06:
187 1. Section 812.019, relating to dealing in stolen property.
188 2. Section 784.011, s. 784.021, s. 784.03, or s. 784.045,
189 relating to assault and battery.
190 3. Section 810.02, relating to burglary.
191 4. Section 812.014, relating to theft.
192 5. Section 812.131, relating to robbery by sudden
193 snatching.
194 (b) Notwithstanding any other law, a rental property that
195 is declared a nuisance under this subsection may not be abated
196 or subject to forfeiture under the Florida Contraband Forfeiture
197 Act if the nuisance was committed by someone other than the
198 owner of the property and the property owner commences
199 rehabilitation of the property within 30 days after the property
200 is declared a nuisance and completes the rehabilitation within a
201 reasonable time thereafter.
202 Section 3. This act shall take effect July 1, 2019.