Florida Senate - 2025                             CS for SB 1022
       
       
        
       By the Committee on Criminal Justice; and Senator Wright
       
       
       
       
       
       591-02287-25                                          20251022c1
    1                        A bill to be entitled                      
    2         An act relating to fines for public nuisance
    3         abatement; amending s. 893.138, F.S.; revising
    4         provisions relating to the assessment and collection
    5         of fines for public nuisances; defining the term
    6         “legal assistant”; removing a limit on the total
    7         amount of fines that may be imposed on a public
    8         nuisance; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (11) of section 893.138, Florida
   13  Statutes, is amended to read:
   14         893.138 Local administrative action to abate certain
   15  activities declared public nuisances.—
   16         (11) The provisions of this section may be supplemented by
   17  a county or municipal ordinance. The ordinance may include, but
   18  is not limited to:
   19         (a) , provisions that establish additional Penalties for
   20  public nuisances, including fines not to exceed $250 per day. If
   21  the nuisance activity is not abated within 1 year, the fines
   22  increase to $500 per day. In determining the amount of the fine,
   23  if any, the nuisance abatement board shall consider the gravity
   24  of the public nuisance and any actions taken by the owner to
   25  correct the public nuisance.
   26         (b) ; provide for the payment of reasonable costs,
   27  including Reasonable attorney fees associated with
   28  investigations of and hearings on public nuisances. If attorney
   29  fees are requested, the nuisance abatement board shall award
   30  attorney fees after considering, among other things, time and
   31  labor of any legal assistants who contributed nonclerical,
   32  meaningful legal support to the matter involved and who are
   33  working under the supervision of an attorney. For purposes of
   34  this paragraph, the term “legal assistant” means a person who,
   35  under the supervision and direction of a licensed attorney,
   36  engages in legal research, and case development or planning.
   37         (c) ; Provide for continuing jurisdiction for periods a
   38  period of 1 year over any place or premises that has been or is
   39  declared to be a public nuisance until the public nuisance is
   40  abated.
   41         (d) The county or municipality may enter into an agreement
   42  with the tax collector to recover the fines via non-ad valorem
   43  special assessments.
   44         (e) ;establish penalties, including fines not to exceed
   45  $500 per day for recurring public nuisances; provide for the
   46  recording of orders on public nuisances so that notice must be
   47  given to subsequent purchasers, successors in interest, or
   48  assigns of the real property that is the subject of the order;
   49  provide that recorded orders on public nuisances may become
   50  liens against the real property that is the subject of the
   51  order; and provide for the Foreclosure of property subject to a
   52  lien and the recovery of all costs, including reasonable
   53  attorney fees, associated with the recording of orders and
   54  foreclosure. After 3 months from the filing of any such lien
   55  which remains unpaid, the nuisance abatement board may authorize
   56  the appropriate entity to foreclose on the lien. If the nuisance
   57  abatement activity is unabated after 2 years, the nuisance
   58  abatement board shall authorize and require the appropriate
   59  entity to foreclose on the lien. No lien created pursuant to the
   60  provisions of this section may be foreclosed on real property
   61  which is a homestead under s. 4, Art. X of the State
   62  Constitution. Where a local government seeks to bring an
   63  administrative action, based on a stolen property nuisance,
   64  against a property owner operating an establishment where
   65  multiple tenants, on one site, conduct their own retail
   66  business, the property owner shall not be subject to a lien
   67  against his or her property or the prohibition of operation
   68  provision if the property owner evicts the business declared to
   69  be a nuisance within 90 days after notification by registered
   70  mail to the property owner of a second stolen property
   71  conviction of the tenant. The total fines imposed pursuant to
   72  the authority of this section shall not exceed $15,000. Nothing
   73  contained within This section does not prohibit prohibits a
   74  county or municipality from proceeding against a public nuisance
   75  by any other means.
   76         Section 2. This act shall take effect July 1, 2025.