Senate Bill 1292e1

    SB 1292                                        First Engrossed



  1                      A bill to be entitled

  2         An act relating to controlled substances;

  3         amending s. 893.12, F.S.; deleting the

  4         requirement that a copy of the record of the

  5         destruction of seized controlled substances be

  6         sent to the Drug Enforcement Administration;

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

  8         maximum cumulative fine that may be levied

  9         against properties designated public nuisances

10         for drug-related activity or other offenses;

11         providing an effective date.

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13  Be It Enacted by the Legislature of the State of Florida:

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15         Section 1.  Paragraph (a) of subsection (1) of section

16  893.12, Florida Statutes, is amended to read:

17         893.12  Contraband; seizure, forfeiture, sale.--

18         (1)  All substances controlled by this chapter and all

19  listed chemicals, which substances or chemicals are handled,

20  delivered, possessed, or distributed contrary to any

21  provisions of this chapter, and all such controlled substances

22  or listed chemicals the lawful possession of which is not

23  established or the title to which cannot be ascertained, are

24  declared to be contraband, are subject to seizure and

25  confiscation by any person whose duty it is to enforce the

26  provisions of the chapter, and shall be disposed of as

27  follows:

28         (a)  Except as in this section otherwise provided, the

29  court having jurisdiction shall order such controlled

30  substances or listed chemicals forfeited and destroyed.  A

31  record of the place where said controlled substances or listed


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CODING: Words stricken are deletions; words underlined are additions.






    SB 1292                                        First Engrossed



  1  chemicals were seized, of the kinds and quantities of

  2  controlled substances or listed chemicals destroyed, and of

  3  the time, place, and manner of destruction shall be kept, and

  4  a return under oath reporting said destruction shall be made

  5  to the court or magistrate and to the United States Drug

  6  Enforcement Administration by the officer who destroys them.

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

  8  Statutes, is amended to read:

  9         893.138  Local administrative action to abate

10  drug-related or prostitution-related public nuisances and

11  criminal street gang activity.--

12         (10)  The provisions of this section may be

13  supplemented by a county or municipal ordinance.  The

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

15  establish additional penalties for public nuisances, including

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

17  reasonable costs, including reasonable attorney fees

18  associated with investigations of and hearings on public

19  nuisances; provide for continuing jurisdiction for a period of

20  1 year over any place or premises that has been or is declared

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

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

23  provide for the recording of orders on public nuisances so

24  that notice must be given to subsequent purchasers, successors

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

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

27  nuisances may become liens against the real property that is

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

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

30  including reasonable attorney fees, associated with the

31  recording of orders and foreclosure.  No lien created pursuant


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CODING: Words stricken are deletions; words underlined are additions.






    SB 1292                                        First Engrossed



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

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

  3  Constitution.  The total fines imposed pursuant to the

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

  5  Nothing contained within this section prohibits a county or

  6  municipality from proceeding against a public nuisance by any

  7  other means.

  8         Section 3.  This act shall take effect upon becoming a

  9  law.

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