SENATE AMENDMENT

    Bill No. SB 1292

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Gutman moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 2, between lines 2 and 3,

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16  insert:

17         Section 2.  Subsection (10) of section 893.138, Florida

18  Statutes, is amended to read:

19         893.138  Local administrative action to abate

20  drug-related or prostitution-related public nuisances and

21  criminal street gang activity.--

22         (10)  The provisions of this section may be

23  supplemented by a county or municipal ordinance.  The

24  ordinance may include, but is not limited to, provisions that

25  establish additional penalties for public nuisances, including

26  fines not to exceed $250 per day; provide for the payment of

27  reasonable costs, including reasonable attorney fees

28  associated with investigations of and hearings on public

29  nuisances; provide for continuing jurisdiction for a period of

30  1 year over any place or premises that has been or is declared

31  to be a public nuisance; establish penalties, including fines

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                                                  SENATE AMENDMENT

    Bill No. SB 1292

    Amendment No.    





 1  not to exceed $500 per day for recurring public nuisances;

 2  provide for the recording of orders on public nuisances so

 3  that notice must be given to subsequent purchasers, successors

 4  in interest, or assigns of the real property that is the

 5  subject of the order; provide that recorded orders on public

 6  nuisances may become liens against the real property that is

 7  the subject of the order; and provide for the foreclosure of

 8  property subject to a lien and the recovery of all costs,

 9  including reasonable attorney fees, associated with the

10  recording of orders and foreclosure.  No lien created pursuant

11  to the provisions of this section may be foreclosed on real

12  property which is a homestead under s. 4, Art. X of the State

13  Constitution.  The total fines imposed pursuant to the

14  authority of this section shall not exceed $7,500 $5,000.

15  Nothing contained within this section prohibits a county or

16  municipality from proceeding against a public nuisance by any

17  other means.

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19  (Redesignate subsequent sections.)

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22  ================ T I T L E   A M E N D M E N T ===============

23  And the title is amended as follows:

24         On page 1, line 6, after the semicolon

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26  insert:

27         amending s. 893.138, F.S.; increasing the

28         maximum cumulative fine that may be levied

29         against properties designated public nuisances

30         for drug-related activity or other offenses;

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