Florida Senate - 2019                              CS for SB 668
       By the Committee on Criminal Justice; and Senator Perry
       591-03672-19                                           2019668c1
    1                        A bill to be entitled                      
    2         An act relating to public nuisances; amending s.
    3         60.05, F.S.; revising notice requirements for the
    4         filing of temporary injunctions relating to the
    5         enjoinment of certain nuisances; extending the period
    6         of notice before a lien may attach to certain real
    7         estate; amending s. 823.05, F.S.; making technical
    8         changes; providing that the use of a location by a
    9         criminal gang, criminal gang members, or criminal gang
   10         associates for criminal gang-related activity is a
   11         public nuisance; declaring that any place or premises
   12         that has been used on more than two occasions within a
   13         certain period as the site of specified violations is
   14         a nuisance and may be abated or enjoined pursuant to
   15         specified provisions; providing a property owner an
   16         opportunity to remedy a nuisance before specified
   17         legal actions may be taken against the property under
   18         certain circumstances; providing an effective date.
   20  Be It Enacted by the Legislature of the State of Florida:
   22         Section 1. Section 60.05, Florida Statutes, is amended to
   23  read:
   24         60.05 Abatement of nuisances.—
   25         (1) When any nuisance as defined in s. 823.05 exists, the
   26  Attorney General, state attorney, city attorney, county
   27  attorney, or any citizen of the county may sue in the name of
   28  the state on his or her relation to enjoin the nuisance, the
   29  person or persons maintaining it, and the owner or agent of the
   30  building or ground on which the nuisance exists.
   31         (2) The court may allow a temporary injunction without bond
   32  on proper proof being made. If it appears by evidence or
   33  affidavit that a temporary injunction should issue, the court,
   34  pending the determination on final hearing, may enjoin any of
   35  the following:
   36         (a) The maintaining of a nuisance.;
   37         (b) The operating and maintaining of the place or premises
   38  where the nuisance is maintained.;
   39         (c) The owner or agent of the building or ground upon which
   40  the nuisance exists.;
   41         (d) The conduct, operation, or maintenance of any business
   42  or activity operated or maintained in the building or on the
   43  premises in connection with or incident to the maintenance of
   44  the nuisance.
   46  The injunction shall specify the activities enjoined and shall
   47  not preclude the operation of any lawful business not conducive
   48  to the maintenance of the nuisance complained of.
   49         (3)(a) The defendant shall be given written notice to abate
   50  the nuisance within 10 days after the issuance of such notice at
   51  least 3 days’ notice in writing shall be given defendant of the
   52  time and place of application for the temporary injunction. The
   53  notice must inform the defendant that an application for
   54  temporary injunction may be filed if the nuisance is not abated.
   55  If the nuisance is not timely abated, the defendant must be
   56  given a second written notice that informs the defendant that an
   57  application for a temporary injunction will be filed if the
   58  nuisance is not abated within 15 days after the end of the
   59  initial 10-day period. This notice also must provide the
   60  location where the application will be filed and the time that
   61  it will be filed. If the nuisance is not timely abated as
   62  provided in the second notice, the application for the temporary
   63  injunction must be filed as indicated in the notice.
   64         (b) In addition to the information provided in paragraph
   65  (a), each notice must:
   66         1. If applicable, describe the building, booth, tent, or
   67  place that is declared a nuisance;
   68         2. State the activities that led to the nuisance being
   69  declared;
   70         3. State the actions necessary to abate the nuisance; and
   71         4. State that costs will be assessed if abatement of the
   72  nuisance is not completed and if there is a determination by the
   73  court that such nuisance exists.
   74         (c) The notices provided in this subsection must be sent by
   75  personal service to the owner at his or her address as it
   76  appears on the latest tax assessment roll or to the tenant of
   77  such address. If an address is not found for the owner, the
   78  notices must be sent to the location of the declared nuisance
   79  and displayed prominently and conspicuously at such location.
   80         (d) If a nuisance presents a danger of immediate and
   81  irreparable injury to a person or to the safety of a community,
   82  the notice requirements under paragraph (a) are waived, and only
   83  one notice is required, which must inform the defendant that the
   84  application for a temporary injunction will be filed if the
   85  nuisance is not abated within a designated timeframe of between
   86  24 and 72 hours. The notice also must identify the location
   87  where the application will be filed and time that it will be
   88  filed.
   89         (4)(3) Evidence of the general reputation of the alleged
   90  nuisance and place is admissible to prove the existence of the
   91  nuisance. No action filed by a citizen shall be dismissed unless
   92  the court is satisfied that it should be dismissed. Otherwise
   93  the action shall continue and the state attorney notified to
   94  proceed with it. If the action is brought by a citizen and the
   95  court finds that there was no reasonable ground for the action,
   96  the costs shall be taxed against the citizen.
   97         (5)(4) On trial if the existence of a nuisance is shown,
   98  the court shall issue a permanent injunction and order the costs
   99  to be paid by the persons establishing or maintaining the
  100  nuisance and shall adjudge that the costs are a lien on all
  101  personal property found in the place of the nuisance and on the
  102  failure of the property to bring enough to pay the costs, then
  103  on the real estate occupied by the nuisance. A No lien may not
  104  shall attach to the real estate of any other than said persons
  105  unless 15 5 days’ written notice has been given to the owner or
  106  his or her agent who fails to begin to abate the nuisance within
  107  the 15-day period said 5 days. In a proceeding abating a
  108  nuisance pursuant to s. 823.10 or s. 823.05, if a tenant has
  109  been convicted of an offense under chapter 893 or s. 796.07, the
  110  court may order the tenant to vacate the property within 72
  111  hours if the tenant and owner of the premises are parties to the
  112  nuisance abatement action and the order will lead to the
  113  abatement of the nuisance.
  114         (6)(5) If the action was brought by the Attorney General, a
  115  state attorney, or any other officer or agency of state
  116  government; if the court finds either before or after trial that
  117  there was no reasonable ground for the action; and if judgment
  118  is rendered for the defendant, the costs and reasonable
  119  attorney’s fees shall be taxed against the state.
  120         Section 2. Section 823.05, Florida Statutes, is amended to
  121  read:
  122         823.05 Places and groups engaged in certain activities
  123  criminal gang-related activity declared a nuisance; abatement
  124  and enjoinment massage establishments engaged in prohibited
  125  activity; may be abated and enjoined.—
  126         (1) A person who erects, establishes, continues, maintains,
  127  owns, or leases any of the following is deemed to be maintaining
  128  a nuisance, and the building, erection, place, tent, or booth,
  129  and the furniture, fixtures, and contents of such structure, are
  130  declared a nuisance, and all such places or persons shall be
  131  abated or enjoined as provided in ss. 60.05 and 60.06:
  132         (a)A Whoever shall erect, establish, continue, or
  133  maintain, own or lease any building, booth, tent, or place that
  134  which tends to annoy the community or injure the health of the
  135  community, or becomes become manifestly injurious to the morals
  136  or manners of the people as provided described in s. 823.01., or
  137         (b)A any house or place of prostitution, assignation, or
  138  lewdness. or
  139         (c)A place or building in which persons engage in where
  140  games of chance are engaged in violation of law. or
  141         (d)A any place where any law of the state is violated,
  142  shall be deemed guilty of maintaining a nuisance, and the
  143  building, erection, place, tent or booth and the furniture,
  144  fixtures, and contents are declared a nuisance. All such places
  145  or persons shall be abated or enjoined as provided in ss. 60.05
  146  and 60.06.
  147         (2)(a) As used in this subsection, the terms “criminal
  148  gang,” “criminal gang member,” “criminal gang associate,” and
  149  “criminal gang-related activity” have the same meanings as
  150  provided in s. 874.03.
  151         (b) A criminal gang, criminal gang member, or criminal gang
  152  associate who engages in the commission of criminal gang-related
  153  activity is a public nuisance. Any and all such persons shall be
  154  abated or enjoined as provided in ss. 60.05 and 60.06.
  155         (c) The use of a location on two or more occasions by a
  156  criminal gang, criminal gang members, or criminal gang
  157  associates for the purpose of engaging in criminal gang-related
  158  activity is a public nuisance. Such use of a location as a
  159  public nuisance shall be abated or enjoined as provided in ss.
  160  60.05 and 60.06.
  161         (d) Nothing in this subsection shall prevent a local
  162  governing body from adopting and enforcing laws consistent with
  163  this chapter relating to criminal gangs and gang violence. Where
  164  local laws duplicate or supplement this chapter, this chapter
  165  shall be construed as providing alternative remedies and not as
  166  preempting the field.
  167         (e) The state, through the Department of Legal Affairs or
  168  any state attorney, or any of the state’s agencies,
  169  instrumentalities, subdivisions, or municipalities having
  170  jurisdiction over conduct in violation of a provision of this
  171  chapter may institute civil proceedings under this subsection.
  172  In any action brought under this subsection, the circuit court
  173  shall proceed as soon as practicable to the hearing and
  174  determination. Pending final determination, the circuit court
  175  may at any time enter such injunctions, prohibitions, or
  176  restraining orders, or take such actions, including the
  177  acceptance of satisfactory performance bonds, as the court may
  178  deem proper.
  179         (3) A massage establishment as defined in s. 480.033(7)
  180  that operates in violation of s. 480.0475 or s. 480.0535(2) is
  181  declared a nuisance and may be abated or enjoined as provided in
  182  ss. 60.05 and 60.06.
  183         (4)(a)Any place or premises that has been used on more
  184  than two occasions within a 6-month period as the site of any of
  185  the following violations is declared a nuisance and may be
  186  abated or enjoined as provided in ss. 60.05 and 60.06:
  187         1.Section 812.019, relating to dealing in stolen property.
  188         2.Section 784.011, s. 784.021, s. 784.03, or s. 784.045,
  189  relating to assault and battery.
  190         3.Section 810.02, relating to burglary.
  191         4.Section 812.014, relating to theft.
  192         5.Section 812.131, relating to robbery by sudden
  193  snatching.
  194         (b)Notwithstanding any other law, a rental property that
  195  is declared a nuisance under this subsection may not be abated
  196  or subject to forfeiture under the Florida Contraband Forfeiture
  197  Act if the nuisance was committed by someone other than the
  198  owner of the property and the property owner commences
  199  rehabilitation of the property within 30 days after the property
  200  is declared a nuisance and completes the rehabilitation within a
  201  reasonable time thereafter.
  202         Section 3. This act shall take effect July 1, 2019.