SB 668 — Public Nuisances

Florida Senate - 2019 CS for SB 668 By Senatorthe PerryCommittee 8-00845A-19on 2019668__Criminal AJustice; bill to be entitled An act relating to public nuisances;

and Senator Perry 591-03672-19 2019668c1 A bill to be entitled An act relating to public nuisances;

60.05, F.S.;

revising notice requirements for the filing of temporary injunctions relating to the enjoinment of certain nuisances;

extending the period of notice before a lien may attach to certain real estate;

amending s.

1620 Be It Enacted by the Legislature of the State of Florida:

1822 Section 1. Section 823.05,60.05, Florida Statutes, is amended to read:

60.05 Abatement of nuisances.— (1) When any nuisance as defined in s.

823.05 exists, the Attorney General, state attorney, city attorney, county attorney, or any citizen of the county may sue in the name of the state on his or her relation to enjoin the nuisance, the person or persons maintaining it, and the owner or agent of the building or ground on which the nuisance exists.

(2) The court may allow a temporary injunction without bond on proper proof being made.

If it appears by evidence or affidavit that a temporary injunction should issue, the court, pending the determination on final hearing, may enjoin any of the following:

(a) The maintaining of a nuisance.;

(b) The operating and maintaining of the place or premises where the nuisance is maintained.;

(c) The owner or agent of the building or ground upon which the nuisance exists.;

(d) The conduct, operation, or maintenance of any business or activity operated or maintained in the building or on the premises in connection with or incident to the maintenance of the nuisance.

46 The injunction shall specify the activities enjoined and shall not preclude the operation of any lawful business not conducive to the maintenance of the nuisance complained of.

(3)(a) The defendant shall be given written notice to abate the nuisance within 10 days after the issuance of such notice at least 3 days’ notice in writing shall be given defendant of the time and place of application for the temporary injunction.

The notice must inform the defendant that an application for temporary injunction may be filed if the nuisance is not abated.

If the nuisance is not timely abated, the defendant must be given a second written notice that informs the defendant that an application for a temporary injunction will be filed if the nuisance is not abated within 15 days after the end of the initial 10-day period.

This notice also must provide the location where the application will be filed and the time that it will be filed.

If the nuisance is not timely abated as provided in the second notice, the application for the temporary injunction must be filed as indicated in the notice.

(b) In addition to the information provided in paragraph (a), each notice must:

1. If applicable, describe the building, booth, tent, or place that is declared a nuisance;

2. State the activities that led to the nuisance being declared;

3. State the actions necessary to abate the nuisance;

and 4. State that costs will be assessed if abatement of the nuisance is not completed and if there is a determination by the court that such nuisance exists.

(c) The notices provided in this subsection must be sent by personal service to the owner at his or her address as it appears on the latest tax assessment roll or to the tenant of such address.

If an address is not found for the owner, the notices must be sent to the location of the declared nuisance and displayed prominently and conspicuously at such location.

(d) If a nuisance presents a danger of immediate and irreparable injury to a person or to the safety of a community, the notice requirements under paragraph (a) are waived, and only one notice is required, which must inform the defendant that the application for a temporary injunction will be filed if the nuisance is not abated within a designated timeframe of between 24 and 72 hours.

The notice also must identify the location where the application will be filed and time that it will be filed.

(4)(3) Evidence of the general reputation of the alleged nuisance and place is admissible to prove the existence of the nuisance.

No action filed by a citizen shall be dismissed unless the court is satisfied that it should be dismissed.

Otherwise the action shall continue and the state attorney notified to proceed with it.

If the action is brought by a citizen and the court finds that there was no reasonable ground for the action, the costs shall be taxed against the citizen.

(5)(4) On trial if the existence of a nuisance is shown, the court shall issue a permanent injunction and order the costs to be paid by the persons establishing or maintaining the nuisance and shall adjudge that the costs are a lien on all personal property found in the place of the nuisance and on the failure of the property to bring enough to pay the costs, then on the real estate occupied by the nuisance.

A No lien may not shall attach to the real estate of any other than said persons unless 15 5 days’ written notice has been given to the owner or his or her agent who fails to begin to abate the nuisance within the 15-day period said 5 days.

In a proceeding abating a nuisance pursuant to s.

823.10 or s.

823.05, if a tenant has been convicted of an offense under chapter 893 or s.