Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 888
       
       
       
       
       
       
                                Ì553860+Î553860                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/05/2020           .                                
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       The Committee on Community Affairs (Perry) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 64 - 338
    4  and insert:
    5  initial 10-day period. However, if the defendant responds to the
    6  first notice in writing within the initial 10-day period, and in
    7  such response alleges and provides proof that:
    8         1.Nuisance abatement involves compliance with another law
    9  of this state and the requirements of such law make nuisance
   10  abatement within 10 days impossible; or
   11         2.The terms of an executed contract to perform services
   12  necessary to abate the nuisance require more than 10 days to
   13  complete,
   14  
   15  the defendant must be given a second written notice providing
   16  the defendant with an extended time period to abate the nuisance
   17  sufficient to comply with such other law or contract terms.
   18         (b)A second notice sent under paragraph (a) must also
   19  provide the location where the application will be filed and the
   20  time when it will be filed. If the nuisance is not timely abated
   21  as provided in the second notice, the application for the
   22  temporary injunction must be filed as indicated in the notice.
   23         (c)In addition to the information required under
   24  paragraphs (a) and (b), each notice must:
   25         1.If applicable, describe the building, booth, tent, or
   26  place that is an alleged nuisance.
   27         2.State the activities that led to the nuisance
   28  allegations.
   29         3.State the actions necessary to abate the nuisance.
   30         4.State that costs will be assessed if abatement of the
   31  nuisance is not completed and if the court determines that the
   32  nuisance exists.
   33         (d)The notices provided in this subsection must be sent by
   34  personal service to the owner at his or her address as it
   35  appears on the latest tax assessment roll or to the tenant of
   36  such address. If an address is not found for the owner, the
   37  notices must be sent to the location of the alleged nuisance and
   38  displayed prominently and conspicuously at that location.
   39         (4)(3) Evidence of the general reputation of the alleged
   40  nuisance and place is admissible to prove the existence of the
   41  nuisance. An No action filed by a citizen may not shall be
   42  dismissed unless the court is satisfied that it should be
   43  dismissed. Otherwise the action shall continue and the state
   44  attorney notified to proceed with it. If the action is brought
   45  by a citizen and the court finds that there was no reasonable
   46  ground for the action, the costs shall be taxed against the
   47  citizen.
   48         (5)(4) On trial if the existence of a nuisance is shown,
   49  the court shall issue a permanent injunction and order the costs
   50  to be paid by the persons establishing or maintaining the
   51  nuisance and shall adjudge that the costs are a lien on all
   52  personal property found in the place of the nuisance and on the
   53  failure of the property to bring enough to pay the costs, then
   54  on the real estate occupied by the nuisance. A No lien may not
   55  shall attach to the real estate of any other than such said
   56  persons unless a second 5 days’ written notice has been given in
   57  accordance with paragraph (3)(a) to the owner or his or her
   58  agent who fails to begin to abate the nuisance within the time
   59  specified therein said 5 days. In a proceeding abating a
   60  nuisance pursuant to s. 823.10 or s. 823.05, if a tenant has
   61  been convicted of an offense under chapter 893 or s. 796.07, the
   62  court may order the tenant to vacate the property within 72
   63  hours if the tenant and owner of the premises are parties to the
   64  nuisance abatement action and the order will lead to the
   65  abatement of the nuisance.
   66         (6)(5) If the action was brought by the Attorney General, a
   67  state attorney, or any other officer or agency of state
   68  government; if the court finds either before or after trial that
   69  there was no reasonable ground for the action; and if judgment
   70  is rendered for the defendant, the costs and reasonable attorney
   71  attorney’s fees shall be taxed against the state.
   72         Section 2. Section 823.05, Florida Statutes, is amended to
   73  read:
   74         823.05 Places and groups engaged in certain activities
   75  criminal gang-related activity declared a nuisance; abatement
   76  and enjoinment massage establishments engaged in prohibited
   77  activity; may be abated and enjoined.—
   78         (1) A person who erects, establishes, continues, maintains,
   79  owns, or leases any of the following is deemed to be maintaining
   80  a nuisance, and the building, erection, place, tent, or booth,
   81  and the furniture, fixtures, and contents of such structure, are
   82  declared a nuisance, and all such places or persons shall be
   83  abated or enjoined as provided in ss. 60.05 and 60.06:
   84         (a)A Whoever shall erect, establish, continue, or
   85  maintain, own or lease any building, booth, tent, or place that
   86  which tends to annoy the community or injure the health of the
   87  community, or becomes become manifestly injurious to the morals
   88  or manners of the people as provided described in s. 823.01., or
   89         (b)A any house or place of prostitution, assignation, or
   90  lewdness. or
   91         (c)A place or building in which persons engage in where
   92  games of chance are engaged in violation of law. or
   93         (d)A any place where any law of the state is violated,
   94  shall be deemed guilty of maintaining a nuisance, and the
   95  building, erection, place, tent or booth and the furniture,
   96  fixtures, and contents are declared a nuisance. All such places
   97  or persons shall be abated or enjoined as provided in ss. 60.05
   98  and 60.06.
   99         (2)(a) As used in this subsection, the terms “criminal
  100  gang,” “criminal gang member,” “criminal gang associate,” and
  101  “criminal gang-related activity” have the same meanings as
  102  provided in s. 874.03.
  103         (b) A criminal gang, criminal gang member, or criminal gang
  104  associate who engages in the commission of criminal gang-related
  105  activity is a public nuisance. Any and All such persons shall be
  106  abated or enjoined as provided in ss. 60.05 and 60.06.
  107         (c) The use of a location on two or more occasions by a
  108  criminal gang, criminal gang members, or criminal gang
  109  associates for the purpose of engaging in criminal gang-related
  110  activity is a public nuisance. Such use of a location as a
  111  public nuisance shall be abated or enjoined as provided in ss.
  112  60.05 and 60.06.
  113         (d) Nothing in This subsection does not shall prevent a
  114  local governing body from adopting and enforcing laws consistent
  115  with this chapter relating to criminal gangs and gang violence.
  116  Where local laws duplicate or supplement this chapter, this
  117  chapter shall be construed as providing alternative remedies and
  118  not as preempting the field.
  119         (e) The state, through the Department of Legal Affairs or
  120  any state attorney, or any of the state’s agencies,
  121  instrumentalities, subdivisions, or municipalities having
  122  jurisdiction over conduct in violation of a provision of this
  123  chapter may institute civil proceedings under this subsection.
  124  In any action brought under this subsection, the circuit court
  125  shall proceed as soon as practicable to the hearing and
  126  determination. Pending final determination, the circuit court
  127  may at any time enter such injunctions, prohibitions, or
  128  restraining orders, or take such actions, including the
  129  acceptance of satisfactory performance bonds, as the court may
  130  deem proper.
  131         (3) A massage establishment as defined in s. 480.033(7)
  132  which that operates in violation of s. 480.0475 or s.
  133  480.0535(2) is declared a nuisance and may be abated or enjoined
  134  as provided in ss. 60.05 and 60.06.
  135         (4)(a)Any place or premises that has been used on more
  136  than two occasions within a 6-month period as the site of any of
  137  the following violations is declared a nuisance and may be
  138  abated or enjoined as provided in ss. 60.05 and 60.06:
  139         1.Section 812.019, relating to dealing in stolen property.
  140         2.Section 784.011, s. 784.021, s. 784.03, or s. 784.045,
  141  relating to assault and battery.
  142         3.Section 810.02, relating to burglary.
  143         4.Section 812.014, relating to theft.
  144         5.Section 812.131, relating to robbery by sudden
  145  snatching.
  146         (b)Notwithstanding any other law, a rental property that
  147  is declared a nuisance under this subsection may not be abated
  148  or subject to forfeiture under the Florida Contraband Forfeiture
  149  Act if the nuisance was committed by someone other than the
  150  owner of the property and the property owner commences
  151  rehabilitation of the property within 30 days after the property
  152  is declared a nuisance and completes the rehabilitation within a
  153  reasonable time thereafter.
  154         Section 3. Section 893.138, Florida Statutes, is amended to
  155  read:
  156         893.138 Local administrative action to abate certain
  157  activities declared drug-related, prostitution-related, or
  158  stolen-property-related public nuisances and criminal gang
  159  activity.—
  160         (1) It is the intent of this section to promote, protect,
  161  and improve the health, safety, and welfare of the citizens of
  162  the counties and municipalities of this state by authorizing the
  163  creation of administrative boards with authority to impose
  164  administrative fines and other noncriminal penalties in order to
  165  provide an equitable, expeditious, effective, and inexpensive
  166  method of enforcing ordinances in counties and municipalities
  167  under circumstances when a pending or repeated violation
  168  continues to exist.
  169         (2) Any place or premises that has been used:
  170         (a) On more than two occasions within a 6-month period, as
  171  the site of a violation of s. 796.07;
  172         (b) On more than two occasions within a 6-month period, as
  173  the site of the unlawful sale, delivery, manufacture, or
  174  cultivation of any controlled substance;
  175         (c) On one occasion as the site of the unlawful possession
  176  of a controlled substance, where such possession constitutes a
  177  felony and that has been previously used on more than one
  178  occasion as the site of the unlawful sale, delivery,
  179  manufacture, or cultivation of any controlled substance;
  180         (d) By a criminal gang for the purpose of conducting
  181  criminal gang activity as defined by s. 874.03;
  182         (e) On more than two occasions within a 6-month period, as
  183  the site of a violation of s. 812.019 relating to dealing in
  184  stolen property; or
  185         (f) On two or more occasions within a 6-month period, as
  186  the site of a violation of chapter 499; or
  187         (g)On more than two occasions within a 6-month period, as
  188  the site of a violation of any combination of the following:
  189         1.Section 782.04, relating to murder;
  190         2.Section 782.051, relating to attempted felony murder;
  191         3.Section 784.045(1)(a)2., relating to aggravated battery
  192  with a deadly weapon; or
  193         4.Section 784.021(1)(a), relating to aggravated assault
  194  with a deadly weapon without intent to kill,
  195  
  196  may be declared to be a public nuisance, and such nuisance may
  197  be abated pursuant to the procedures provided in this section.
  198         (3) Any pain-management clinic, as described in s. 458.3265
  199  or s. 459.0137, which has been used on more than two occasions
  200  within a 6-month period as the site of a violation of:
  201         (a) Section 784.011, s. 784.021, s. 784.03, or s. 784.045,
  202  relating to assault and battery;
  203         (b) Section 810.02, relating to burglary;
  204         (c) Section 812.014, relating to theft;
  205         (d) Section 812.131, relating to robbery by sudden
  206  snatching; or
  207         (e) Section 893.13, relating to the unlawful distribution
  208  of controlled substances,
  209  
  210  may be declared to be a public nuisance, and such nuisance may
  211  be abated pursuant to the procedures provided in this section.
  212         (4) Any county or municipality may, by ordinance, create an
  213  administrative board to hear complaints regarding the nuisances
  214  described in subsection (2). Any employee, officer, or resident
  215  of the county or municipality may bring a complaint before the
  216  board after giving not less than 3 days’ written notice of such
  217  complaint to the owner of the place or premises at his or her
  218  last known address. After a hearing in which the board may
  219  consider any evidence, including evidence of the general
  220  reputation of the place or premises, and at which the owner of
  221  the premises shall have an opportunity to present evidence in
  222  his or her defense, the board may declare the place or premises
  223  to be a public nuisance as described in subsection (2).
  224         (5) If the board declares a place or premises to be a
  225  public nuisance, it may enter an order requiring the owner of
  226  such place or premises to adopt such procedure as may be
  227  appropriate under the circumstances to abate any such nuisance
  228  or it may enter an order immediately prohibiting:
  229         (a) The maintaining of the nuisance;
  230         (b) The operating or maintaining of the place or premises,
  231  including the closure of the place or premises or any part
  232  thereof; or
  233         (c) The conduct, operation, or maintenance of any business
  234  or activity on the premises which is conducive to such nuisance.
  235         (6) An order entered under subsection (5) shall expire
  236  after 1 year or at such earlier time as is stated in the order.
  237         (7) An order entered under subsection (5) may be enforced
  238  pursuant to the procedures contained in s. 120.69. This
  239  subsection does not subject a municipality that creates a board
  240  under this section, or the board so created, to any other
  241  provision of chapter 120.
  242         (8) The board may bring a complaint under s. 60.05 seeking
  243  temporary and permanent injunctive relief against any nuisance
  244  described in subsection (2).
  245         (9) This section does not restrict the right of any person
  246  to proceed under s. 60.05 against any public nuisance.
  247         (10) As used in this section, the term “controlled
  248  substance” includes any substance sold in lieu of a controlled
  249  substance in violation of s. 817.563 or any imitation controlled
  250  substance defined in s. 817.564.
  251         (11) The provisions of this section may be supplemented by
  252  a county or municipal ordinance. The ordinance may include, but
  253  is not limited to, provisions that establish additional
  254  penalties for public nuisances, including fines not to exceed
  255  $250 per day; provide for the payment of reasonable costs,
  256  including reasonable attorney fees associated with
  257  investigations of and hearings on public nuisances; provide for
  258  continuing jurisdiction for a period of 1 year over any place or
  259  premises that has been or is declared to be a public nuisance;
  260  establish penalties, including fines not to exceed $500 per day
  261  for recurring public nuisances; provide for the recording of
  262  orders on public nuisances so that notice must be given to
  263  subsequent purchasers, successors in interest, or assigns of the
  264  real property that is the subject of the order; provide that
  265  recorded orders on public nuisances may become liens against the
  266  real property that is the subject of the order; and provide for
  267  the foreclosure of property subject to a lien and the recovery
  268  of all costs, including reasonable attorney fees, associated
  269  with the recording of orders and foreclosure. No lien created
  270  pursuant to the provisions of this section may be foreclosed on
  271  real property which is a homestead under s. 4, Art. X of the
  272  State Constitution. Where a local government seeks to bring an
  273  administrative action, based on a stolen property nuisance,
  274  against a property owner operating an establishment where
  275  multiple tenants, on one site, conduct their own retail
  276  business, the property owner shall not be subject to a lien
  277  against his or her property or the prohibition of operation
  278  provision if the property owner evicts the business declared to
  279  be a nuisance within 90 days after notification by registered
  280  mail to the property owner of a second stolen property
  281  conviction of the tenant. The total fines imposed pursuant to
  282  the authority of this section shall not exceed $15,000. Nothing
  283  contained within this section prohibits a county or municipality
  284  from proceeding against a public nuisance by any other means.
  285         (12)Notwithstanding any other law, a rental property that
  286  is declared a nuisance under this section may not be abated or
  287  subject to forfeiture under the Florida Contraband Forfeiture
  288  Act if the nuisance was committed by someone other than the
  289  owner of the property and the property owner commences
  290  rehabilitation of the property within 30 days after the property
  291  is declared a nuisance and completes the rehabilitation within a
  292  reasonable time thereafter.
  293  
  294  ================= T I T L E  A M E N D M E N T ================
  295  And the title is amended as follows:
  296         Delete line 23
  297  and insert:
  298         specified procedures; providing a property owner an
  299         opportunity to remedy a nuisance before specified
  300         legal actions may be taken against the property under
  301         certain circumstances; providing an effective date.