Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 668
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/01/2019           .                                

       The Committee on Criminal Justice (Perry) recommended the
    1         Senate Amendment (with title amendment)
    3         Between lines 17 and 18
    4  insert:
    5         Section 1. Section 60.05, Florida Statutes, is amended to
    6  read:
    7         60.05 Abatement of nuisances.—
    8         (1) When any nuisance as defined in s. 823.05 exists, the
    9  Attorney General, state attorney, city attorney, county
   10  attorney, or any citizen of the county may sue in the name of
   11  the state on his or her relation to enjoin the nuisance, the
   12  person or persons maintaining it, and the owner or agent of the
   13  building or ground on which the nuisance exists.
   14         (2) The court may allow a temporary injunction without bond
   15  on proper proof being made. If it appears by evidence or
   16  affidavit that a temporary injunction should issue, the court,
   17  pending the determination on final hearing, may enjoin any of
   18  the following:
   19         (a) The maintaining of a nuisance.;
   20         (b) The operating and maintaining of the place or premises
   21  where the nuisance is maintained.;
   22         (c) The owner or agent of the building or ground upon which
   23  the nuisance exists.;
   24         (d) The conduct, operation, or maintenance of any business
   25  or activity operated or maintained in the building or on the
   26  premises in connection with or incident to the maintenance of
   27  the nuisance.
   29  The injunction shall specify the activities enjoined and shall
   30  not preclude the operation of any lawful business not conducive
   31  to the maintenance of the nuisance complained of.
   32         (3)(a) The defendant shall be given written notice to abate
   33  the nuisance within 10 days after the issuance of such notice at
   34  least 3 days’ notice in writing shall be given defendant of the
   35  time and place of application for the temporary injunction. The
   36  notice must inform the defendant that an application for
   37  temporary injunction may be filed if the nuisance is not abated.
   38  If the nuisance is not timely abated, the defendant must be
   39  given a second written notice that informs the defendant that an
   40  application for a temporary injunction will be filed if the
   41  nuisance is not abated within 15 days after the end of the
   42  initial 10-day period. This notice also must provide the
   43  location where the application will be filed and the time that
   44  it will be filed. If the nuisance is not timely abated as
   45  provided in the second notice, the application for the temporary
   46  injunction must be filed as indicated in the notice.
   47         (b) In addition to the information provided in paragraph
   48  (a), each notice must:
   49         1. If applicable, describe the building, booth, tent, or
   50  place that is declared a nuisance;
   51         2. State the activities that led to the nuisance being
   52  declared;
   53         3. State the actions necessary to abate the nuisance; and
   54         4. State that costs will be assessed if abatement of the
   55  nuisance is not completed and if there is a determination by the
   56  court that such nuisance exists.
   57         (c) The notices provided in this subsection must be sent by
   58  personal service to the owner at his or her address as it
   59  appears on the latest tax assessment roll or to the tenant of
   60  such address. If an address is not found for the owner, the
   61  notices must be sent to the location of the declared nuisance
   62  and displayed prominently and conspicuously at such location.
   63         (d) If a nuisance presents a danger of immediate and
   64  irreparable injury to a person or to the safety of a community,
   65  the notice requirements under paragraph (a) are waived, and only
   66  one notice is required, which must inform the defendant that the
   67  application for a temporary injunction will be filed if the
   68  nuisance is not abated within a designated timeframe of between
   69  24 and 72 hours. The notice also must identify the location
   70  where the application will be filed and time that it will be
   71  filed.
   72         (4)(3) Evidence of the general reputation of the alleged
   73  nuisance and place is admissible to prove the existence of the
   74  nuisance. No action filed by a citizen shall be dismissed unless
   75  the court is satisfied that it should be dismissed. Otherwise
   76  the action shall continue and the state attorney notified to
   77  proceed with it. If the action is brought by a citizen and the
   78  court finds that there was no reasonable ground for the action,
   79  the costs shall be taxed against the citizen.
   80         (5)(4) On trial if the existence of a nuisance is shown,
   81  the court shall issue a permanent injunction and order the costs
   82  to be paid by the persons establishing or maintaining the
   83  nuisance and shall adjudge that the costs are a lien on all
   84  personal property found in the place of the nuisance and on the
   85  failure of the property to bring enough to pay the costs, then
   86  on the real estate occupied by the nuisance. A No lien may not
   87  shall attach to the real estate of any other than said persons
   88  unless 15 5 days’ written notice has been given to the owner or
   89  his or her agent who fails to begin to abate the nuisance within
   90  the 15-day period said 5 days. In a proceeding abating a
   91  nuisance pursuant to s. 823.10 or s. 823.05, if a tenant has
   92  been convicted of an offense under chapter 893 or s. 796.07, the
   93  court may order the tenant to vacate the property within 72
   94  hours if the tenant and owner of the premises are parties to the
   95  nuisance abatement action and the order will lead to the
   96  abatement of the nuisance.
   97         (6)(5) If the action was brought by the Attorney General, a
   98  state attorney, or any other officer or agency of state
   99  government; if the court finds either before or after trial that
  100  there was no reasonable ground for the action; and if judgment
  101  is rendered for the defendant, the costs and reasonable
  102  attorney’s fees shall be taxed against the state.
  104  ================= T I T L E  A M E N D M E N T ================
  105  And the title is amended as follows:
  106         Between lines 2 and 3
  107  insert:
  108         60.05, F.S.; revising notice requirements for the
  109         filing of temporary injunctions relating to the
  110         enjoinment of certain nuisances; extending the period
  111         of notice before a lien may attach to certain real
  112         estate; amending s.