House Bill 0065e1

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                                            HB 65, First Engrossed



  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 to be a public

  6         nuisance when the building or premises is used

  7         to deal in stolen property; providing for

  8         notice of certain property owners with multiple

  9         tenants; providing a fine; providing an

10         effective date.

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

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14         Section 1.  Section 893.138, Florida Statutes, is

15  amended to read:

16         893.138  Local administrative action to abate

17  drug-related, or prostitution-related, or

18  stolen-property-related public nuisances and criminal street

19  gang activity.--

20         (1)  It is the intent of this section to promote,

21  protect, and improve the health, safety, and welfare of the

22  citizens of the counties and municipalities of this state by

23  authorizing the creation of administrative boards with

24  authority to impose administrative fines and other noncriminal

25  penalties in order to provide an equitable, expeditious,

26  effective, and inexpensive method of enforcing ordinances in

27  counties and municipalities under circumstances when a pending

28  or repeated violation continues to exist.

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

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

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                                            HB 65, First Engrossed



  1         (a)  On more than two occasions within a 6-month

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

  3         (b)  On more than two occasions within a 6-month

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

  5  manufacture, or cultivation of any controlled substance;

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

  7  possession of a controlled substance, where such possession

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

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

10  manufacture, or cultivation of any controlled substance; or

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

12  gang for the purpose of conducting a pattern of criminal

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

14         (e)  On more than two occasions within a 6-month

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

16  dealing in stolen property

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

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

20         (3)  Any county or municipality may, by ordinance,

21  create an administrative board to hear complaints regarding

22  the nuisances described in subsection (2).  Any employee,

23  officer, or resident of the county or municipality may bring a

24  complaint before the board after giving not less than 3 days'

25  written notice of such complaint to the owner of the place or

26  premises at his or her last known address.  After a hearing in

27  which the board may consider any evidence, including evidence

28  of the general reputation of the place or premises, and at

29  which the owner of the premises shall have an opportunity to

30  present evidence in his or her defense, the board may declare

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                                            HB 65, First Engrossed



  1  the place or premises to be a public nuisance as described in

  2  subsection (2).

  3         (4)  If the board declares a place or premises to be a

  4  public nuisance, it may enter an order requiring the owner of

  5  such place or premises to adopt such procedure as may be

  6  appropriate under the circumstances to abate any such nuisance

  7  or it may enter an order immediately prohibiting:

  8         (a)  The maintaining of the nuisance;

  9         (b)  The operating or maintaining of the place or

10  premises, including the closure of the place or premises or

11  any part thereof; or

12         (c)  The conduct, operation, or maintenance of any

13  business or activity on the premises which is conducive to

14  such nuisance.

15         (5)  An order entered under subsection (4) shall expire

16  after 1 year or at such earlier time as is stated in the

17  order.

18         (6)  An order entered under subsection (4) may be

19  enforced pursuant to the procedures contained in s. 120.69.

20  This subsection does not subject a municipality that creates a

21  board under this section, or the board so created, to any

22  other provision of chapter 120.

23         (7)  The board may bring a complaint under s. 60.05

24  seeking temporary and permanent injunctive relief against any

25  nuisance described in subsection (2).

26         (8)  This section does not restrict the right of any

27  person to proceed under s. 60.05 against any public nuisance.

28         (9)  As used in this section, the term "controlled

29  substance" includes any substance sold in lieu of a controlled

30  substance in violation of s. 817.563 or any imitation

31  controlled substance defined in s. 817.564.


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                                            HB 65, First Engrossed



  1         (10)  The provisions of this section may be

  2  supplemented by a county or municipal ordinance.  The

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

  4  establish additional penalties for public nuisances, including

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

  6  reasonable costs, including reasonable attorney fees

  7  associated with investigations of and hearings on public

  8  nuisances; provide for continuing jurisdiction for a period of

  9  1 year over any place or premises that has been or is declared

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

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

12  provide for the recording of orders on public nuisances so

13  that notice must be given to subsequent purchasers, successors

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

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

16  nuisances may become liens against the real property that is

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

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

19  including reasonable attorney fees, associated with the

20  recording of orders and foreclosure.  No lien created pursuant

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

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

23  Constitution.  Where a local government seeks to bring an

24  administrative action, based on a stolen property nuisance,

25  against a property owner operating an establishment where

26  multiple tenants, on one site, conduct their own retail

27  business, the property owner shall not be subject to a lien

28  against his property or the prohibition of operation provision

29  if the property owner evicts the business declared to be a

30  nuisance within 90 days after notification by registered mail

31  to the property owner of a second stolen property conviction


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                                            HB 65, First Engrossed



  1  of the tenant.  The total fines imposed pursuant to the

  2  authority of this section shall not exceed $15,000 $7,500.

  3  Nothing contained within this section prohibits a county or

  4  municipality from proceeding against a public nuisance by any

  5  other means.

  6         Section 2.  This act shall take effect July 1, 2000.

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