Bill Text: FL S0668 | 2019 | Regular Session | Comm Sub
Bill Title: Public Nuisances
Spectrum: Bipartisan Bill
Status: (Failed) 2019-05-03 - Died in Rules [S0668 Detail]
Download: Florida-2019-S0668-Comm_Sub.html
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. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 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. 45 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 noticeat51least 3 days’ notice in writing shall be givendefendant of the52time 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. ANolien may not 104shallattach to the real estate of any other than said persons 105 unless 155days’ 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 periodsaid 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 123criminal gang-related activitydeclared a nuisance; abatement 124 and enjoinmentmassage establishments engaged in prohibited125activity; 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) AWhoever shall erect, establish, continue, or133maintain, own or lease anybuilding, booth, tent, or place that 134whichtends to annoy the community or injure the health of the 135 community,or becomesbecomemanifestly injurious to the morals 136 or manners of the people as provideddescribedin s. 823.01., or137 (b) Aanyhouse or place of prostitution, assignation, or 138 lewdness.or139 (c) A place or building in which persons engage inwhere140 games of chanceare engagedin violation of law.or141 (d) Aanyplace where any law of the state is violated,142shall be deemed guilty of maintaining a nuisance, and the143building, erection, place, tent or booth and the furniture,144fixtures, and contents are declared a nuisance. All such places145or persons shall be abated or enjoined as provided in ss. 60.05146and 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 locationon two or more occasionsby 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.