Florida Senate - 2018 SB 1300
By Senator Perry
8-00861-18 20181300__
1 A bill to be entitled
2 An act relating to public nuisances; amending s.
3 823.05, F.S.; providing that the use of a location by
4 a criminal gang, criminal gang members, or criminal
5 gang associates for the purpose of engaging in
6 criminal gang-related activity is a public nuisance;
7 providing that any place or premises that has been
8 used on more than two occasions within a certain
9 period as the site of specified violations is declared
10 a nuisance and may be abated or enjoined pursuant to
11 specified provisions; making technical changes;
12 providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Section 823.05, Florida Statutes, is amended to
17 read:
18 823.05 Places and groups engaged in certain activities
19 criminal gang-related activity declared a nuisance; abatement
20 and enjoinment massage establishments engaged in prohibited
21 activity; may be abated and enjoined.—
22 (1) A person who erects, establishes, continues, maintains,
23 owns, or leases any of the following is deemed to be maintaining
24 a nuisance, and the building, erection, place, tent, or booth,
25 and the furniture, fixtures, and contents of such structure, are
26 declared a nuisance, and all such places or persons shall be
27 abated or enjoined as provided in ss. 60.05 and 60.06:
28 (a) A Whoever shall erect, establish, continue, or
29 maintain, own or lease any building, booth, tent, or place that
30 which tends to annoy the community or injure the health of the
31 community, or becomes become manifestly injurious to the morals
32 or manners of the people as provided described in s. 823.01., or
33 (b) A any house or place of prostitution, assignation, or
34 lewdness. or
35 (c) A place or building in which persons engage in where
36 games of chance are engaged in violation of law. or
37 (d) A any place where any law of the state is violated,
38 shall be deemed guilty of maintaining a nuisance, and the
39 building, erection, place, tent or booth and the furniture,
40 fixtures, and contents are declared a nuisance. All such places
41 or persons shall be abated or enjoined as provided in ss. 60.05
42 and 60.06.
43 (2)(a) As used in this subsection, the terms “criminal
44 gang,” “criminal gang member,” “criminal gang associate,” and
45 “criminal gang-related activity” have the same meanings as
46 provided in s. 874.03.
47 (b) A criminal gang, criminal gang member, or criminal gang
48 associate who engages in the commission of criminal gang-related
49 activity is a public nuisance. Any and all such persons shall be
50 abated or enjoined as provided in ss. 60.05 and 60.06.
51 (c) The use of a location on two or more occasions by a
52 criminal gang, criminal gang members, or criminal gang
53 associates for the purpose of engaging in criminal gang-related
54 activity is a public nuisance. Such use of a location as a
55 public nuisance shall be abated or enjoined as provided in ss.
56 60.05 and 60.06.
57 (d) Nothing in this subsection shall prevent a local
58 governing body from adopting and enforcing laws consistent with
59 this chapter relating to criminal gangs and gang violence. Where
60 local laws duplicate or supplement this chapter, this chapter
61 shall be construed as providing alternative remedies and not as
62 preempting the field.
63 (e) The state, through the Department of Legal Affairs or
64 any state attorney, or any of the state’s agencies,
65 instrumentalities, subdivisions, or municipalities having
66 jurisdiction over conduct in violation of a provision of this
67 chapter may institute civil proceedings under this subsection.
68 In any action brought under this subsection, the circuit court
69 shall proceed as soon as practicable to the hearing and
70 determination. Pending final determination, the circuit court
71 may at any time enter such injunctions, prohibitions, or
72 restraining orders, or take such actions, including the
73 acceptance of satisfactory performance bonds, as the court may
74 deem proper.
75 (3) A massage establishment as defined in s. 480.033(7)
76 that operates in violation of s. 480.0475 or s. 480.0535(2) is
77 declared a nuisance and may be abated or enjoined as provided in
78 ss. 60.05 and 60.06.
79 (4) Any place or premises that has been used on more than
80 two occasions within a 6-month period as the site of any of the
81 following violations is declared a nuisance and may be abated or
82 enjoined as provided in ss. 60.05 and 60.06:
83 (a) Section 812.019, relating to dealing in stolen
84 property.
85 (b) Section 784.011, s. 784.021, s. 784.03, or s. 784.045,
86 relating to assault and battery.
87 (c) Section 810.02, relating to burglary.
88 (d) Section 812.014, relating to theft.
89 (e) Section 812.131, relating to robbery by sudden
90 snatching.
91 Section 2. This act shall take effect July 1, 2018.