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.