Florida Senate - 2019                                     SB 668
       By Senator Perry
       8-00845A-19                                            2019668__
    1                        A bill to be entitled                      
    2         An act relating to public nuisances; amending s.
    3         823.05, F.S.; making technical changes; providing that
    4         the use of a location by a criminal gang, criminal
    5         gang members, or criminal gang associates for criminal
    6         gang-related activity is a public nuisance; declaring
    7         that any place or premises that has been used on more
    8         than two occasions within a certain period as the site
    9         of specified violations is a nuisance and may be
   10         abated or enjoined pursuant to specified provisions;
   11         providing a property owner an opportunity to remedy a
   12         nuisance before specified legal actions may be taken
   13         against the property under certain circumstances;
   14         providing an effective date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. Section 823.05, Florida Statutes, is amended to
   19  read:
   20         823.05 Places and groups engaged in certain activities
   21  criminal gang-related activity declared a nuisance; abatement
   22  and enjoinment massage establishments engaged in prohibited
   23  activity; may be abated and enjoined.—
   24         (1) A person who erects, establishes, continues, maintains,
   25  owns, or leases any of the following is deemed to be maintaining
   26  a nuisance, and the building, erection, place, tent, or booth,
   27  and the furniture, fixtures, and contents of such structure, are
   28  declared a nuisance, and all such places or persons shall be
   29  abated or enjoined as provided in ss. 60.05 and 60.06:
   30         (a)A Whoever shall erect, establish, continue, or
   31  maintain, own or lease any building, booth, tent, or place that
   32  which tends to annoy the community or injure the health of the
   33  community, or becomes become manifestly injurious to the morals
   34  or manners of the people as provided described in s. 823.01., or
   35         (b)A any house or place of prostitution, assignation, or
   36  lewdness. or
   37         (c)A place or building in which persons engage in where
   38  games of chance are engaged in violation of law. or
   39         (d)A any place where any law of the state is violated,
   40  shall be deemed guilty of maintaining a nuisance, and the
   41  building, erection, place, tent or booth and the furniture,
   42  fixtures, and contents are declared a nuisance. All such places
   43  or persons shall be abated or enjoined as provided in ss. 60.05
   44  and 60.06.
   45         (2)(a) As used in this subsection, the terms “criminal
   46  gang,” “criminal gang member,” “criminal gang associate,” and
   47  “criminal gang-related activity” have the same meanings as
   48  provided in s. 874.03.
   49         (b) A criminal gang, criminal gang member, or criminal gang
   50  associate who engages in the commission of criminal gang-related
   51  activity is a public nuisance. Any and all such persons shall be
   52  abated or enjoined as provided in ss. 60.05 and 60.06.
   53         (c) The use of a location on two or more occasions by a
   54  criminal gang, criminal gang members, or criminal gang
   55  associates for the purpose of engaging in criminal gang-related
   56  activity is a public nuisance. Such use of a location as a
   57  public nuisance shall be abated or enjoined as provided in ss.
   58  60.05 and 60.06.
   59         (d) Nothing in this subsection shall prevent a local
   60  governing body from adopting and enforcing laws consistent with
   61  this chapter relating to criminal gangs and gang violence. Where
   62  local laws duplicate or supplement this chapter, this chapter
   63  shall be construed as providing alternative remedies and not as
   64  preempting the field.
   65         (e) The state, through the Department of Legal Affairs or
   66  any state attorney, or any of the state’s agencies,
   67  instrumentalities, subdivisions, or municipalities having
   68  jurisdiction over conduct in violation of a provision of this
   69  chapter may institute civil proceedings under this subsection.
   70  In any action brought under this subsection, the circuit court
   71  shall proceed as soon as practicable to the hearing and
   72  determination. Pending final determination, the circuit court
   73  may at any time enter such injunctions, prohibitions, or
   74  restraining orders, or take such actions, including the
   75  acceptance of satisfactory performance bonds, as the court may
   76  deem proper.
   77         (3) A massage establishment as defined in s. 480.033(7)
   78  that operates in violation of s. 480.0475 or s. 480.0535(2) is
   79  declared a nuisance and may be abated or enjoined as provided in
   80  ss. 60.05 and 60.06.
   81         (4)(a)Any place or premises that has been used on more
   82  than two occasions within a 6-month period as the site of any of
   83  the following violations is declared a nuisance and may be
   84  abated or enjoined as provided in ss. 60.05 and 60.06:
   85         1.Section 812.019, relating to dealing in stolen property.
   86         2.Section 784.011, s. 784.021, s. 784.03, or s. 784.045,
   87  relating to assault and battery.
   88         3.Section 810.02, relating to burglary.
   89         4.Section 812.014, relating to theft.
   90         5.Section 812.131, relating to robbery by sudden
   91  snatching.
   92         (b)Notwithstanding any other law, a rental property that
   93  is declared a nuisance under this subsection may not be abated
   94  or subject to forfeiture under the Florida Contraband Forfeiture
   95  Act if the nuisance was committed by someone other than the
   96  owner of the property and the property owner commences
   97  rehabilitation of the property within 30 days after the property
   98  is declared a nuisance and completes the rehabilitation within a
   99  reasonable time thereafter.
  100         Section 2. This act shall take effect July 1, 2019.