CODING: Words stricken are deletions; words underlined are additions.
House Bill 0381c1




    Florida House of Representatives - 1997              CS/HB 381

        By the Committee on Real Property & Probate and
    Representatives Carlton, Stafford and Feeney





  1                      A bill to be entitled

  2         An act relating to public nuisances; amending

  3         s. 893.138, F.S.; providing that counties and

  4         municipalities may impose additional penalties

  5         by ordinance on the owner of a place declared

  6         to be a public nuisance; providing an effective

  7         date.

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

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11         Section 1.  Subsection (9) is added to section 893.138,

12  Florida Statutes, 1996 Supplement, to read:

13         893.138  Local administrative action to abate

14  drug-related or prostitution-related public nuisances and

15  criminal street gang activity.--

16         (9)  The provisions of this section may be supplemented

17  by a county or municipal ordinance. The ordinance may include,

18  but is not limited to, provisions that establish additional

19  penalties for public nuisances, including fines; provide for

20  the payment of reasonable costs, including reasonable attorney

21  fees associated with investigations of and hearings on public

22  nuisances; provide for continuing jurisdiction for a period of

23  1 year over any place or premises that has been or is declared

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

25  for recurring public nuisances; provide for the recording of

26  orders on public nuisances so that notice must be given to

27  subsequent purchasers, successors in interest, or assigns of

28  the real property that is the subject of the order; provide

29  that recorded orders on public nuisances may become liens

30  against the real property that is the subject of the order;

31  and provide for the foreclosure of property subject to a lien

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






    Florida House of Representatives - 1997              CS/HB 381

    605-102-97






  1  and the recovery of all costs, including reasonable attorney

  2  fees, associated with the recording of orders and foreclosure.

  3  No lien created pursuant to the provisions of this section may

  4  be foreclosed on real property which is a homestead under s.

  5  4, Art. X of the State Constitution. This section does not

  6  prohibit a county or municipality from proceeding against a

  7  public nuisance by any other means.

  8         Section 2.  This act shall take effect October 1, 1997.

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