House Bill 0363c1

    Florida House of Representatives - 1999              CS/HB 363

        By the Committee on Crime & Punishment and Representatives
    Stafford, Heyman and Greenstein





  1                      A bill to be entitled

  2         An act relating to local governments; amending

  3         s. 893.138, F.S.; authorizing local governments

  4         to take local administrative action to declare

  5         certain buildings and premises a public

  6         nuisance when the building or premises is used

  7         on more than two occasions in a certain time

  8         period to deal in stolen property; providing an

  9         effective date.

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

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13         Section 1.  Subsection (2) of section 893.138, Florida

14  Statutes, 1998 Supplement, is amended to read:

15         893.138  Local administrative action to abate

16  drug-related or prostitution-related public nuisances and

17  criminal street gang activity.--

18         (2)  Any place or premises that has been used on more

19  than two occasions, within a 6-month period:

20         (a)  On more than two occasions within a six-month

21  period, as the site of a violation of s. 796.07;

22         (b)  On more than two occasions within a six-month

23  period, as the site of the unlawful sale, delivery,

24  manufacture, or cultivation of any controlled substance;

25         (c)  On one occasion as the site of the unlawful

26  possession of a controlled substance, where such possession

27  constitutes a felony and that has been previously used on more

28  than one occasion as the site of the unlawful sale, delivery,

29  manufacture, or cultivation of any controlled substance; or

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






    Florida House of Representatives - 1999              CS/HB 363

    189-873-99






  1         (d)  Any place or building used By a criminal street

  2  gang for the purpose of conducting a pattern of criminal

  3  street gang activity as defined by s. 874.03; or

  4         (e)  On more than two occasions within a six-month

  5  period, as the site of a violation of s. 812.019 relating to

  6  dealing in stolen property

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  8  may be declared to be a public nuisance, and such nuisance may

  9  be abated pursuant to the procedures provided in this section.

10         Section 2.  This act shall take effect July 1, 1999.

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