Florida Senate - 2025                                    SB 1022
       
       
        
       By Senator Wright
       
       
       
       
       
       8-00658-25                                            20251022__
    1                        A bill to be entitled                      
    2         An act relating to public nuisances; amending s.
    3         893.138, F.S.; deleting a cap on the total amount of
    4         fines that may be imposed under specified provisions
    5         relating to places or premises declared to be public
    6         nuisances; providing an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Subsection (11) of section 893.138, Florida
   11  Statutes, is amended to read:
   12         893.138 Local administrative action to abate certain
   13  activities declared public nuisances.—
   14         (11) The provisions of this section may be supplemented by
   15  a county or municipal ordinance. The ordinance may include, but
   16  is not limited to, provisions that establish additional
   17  penalties for public nuisances, including fines not to exceed
   18  $250 per day; provide for the payment of reasonable costs,
   19  including reasonable attorney fees associated with
   20  investigations of and hearings on public nuisances; provide for
   21  continuing jurisdiction for a period of 1 year over any place or
   22  premises that has been or is declared to be a public nuisance;
   23  establish penalties, including fines not to exceed $500 per day
   24  for recurring public nuisances; provide for the recording of
   25  orders on public nuisances so that notice must be given to
   26  subsequent purchasers, successors in interest, or assigns of the
   27  real property that is the subject of the order; provide that
   28  recorded orders on public nuisances may become liens against the
   29  real property that is the subject of the order; and provide for
   30  the foreclosure of property subject to a lien and the recovery
   31  of all costs, including reasonable attorney fees, associated
   32  with the recording of orders and foreclosure. No lien created
   33  pursuant to the provisions of this section may be foreclosed on
   34  real property which is a homestead under s. 4, Art. X of the
   35  State Constitution. Where a local government seeks to bring an
   36  administrative action, based on a stolen property nuisance,
   37  against a property owner operating an establishment where
   38  multiple tenants, on one site, conduct their own retail
   39  business, the property owner shall not be subject to a lien
   40  against his or her property or the prohibition of operation
   41  provision if the property owner evicts the business declared to
   42  be a nuisance within 90 days after notification by registered
   43  mail to the property owner of a second stolen property
   44  conviction of the tenant. The total fines imposed pursuant to
   45  the authority of this section shall not exceed $15,000. Nothing
   46  contained within this section prohibits a county or municipality
   47  from proceeding against a public nuisance by any other means.
   48         Section 2. This act shall take effect July 1, 2025.