HB 625 — Public Nuisances

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 625 2020 A bill to be entitled An act relating to public nuisances;

authorizing sheriffs to sue to enjoin nuisances;

prohibiting a rental property from being abated or subject to forfeiture Pageunder 1certain ofconditions; 15 CODING:

providing an effective date.

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hb0625-02-c2hb0625-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 625 2020 underBe certainIt conditions;Enacted by the Legislature of the State of Florida:

providing an effective date.

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

823.05 exists, the Attorney General, state attorney, city attorney, county attorney, sheriff, 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.

(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 Page 2 of 15 CODING:

hb0625-02-c2hb0625-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 625 2020 premises in connection with or incident to the maintenance of the nuisance.

hb0625-02-c2hb0625-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 625 2020 77 the defendant must be given a second written notice providing the defendant with an extended time period to abate the nuisance sufficient to comply with such other law or contract terms.

(4)(3) Evidence of the general reputation of the alleged Page 4 of 15 CODING:

hb0625-02-c2hb0625-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 625 2020 (4)(3) Evidence of the general reputation of the alleged nuisance and place is admissible to prove the existence of the nuisance.

796.07, the court may order the tenant to vacate the property within 72 hours if the tenant and owner of the premises are parties to the nuisance abatement action and the order will lead to the Page 5 of 15 CODING:

hb0625-02-c2hb0625-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 625 2020 nuisance abatement action and the order will lead to the abatement of the nuisance.

(a) A Whoever shall erect, establish, continue, or maintain, own or lease any building, booth, tent, or place that which tends to annoy the community or injure the health of the community, or becomes become manifestly injurious to the morals Pageor 6manners of 15the CODING:people as provided described in s.

823.01., or Page 6 of 15 CODING:

hb0625-02-c2hb0625-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 625 2020 or(b) mannersA ofany thehouse peopleor asplace providedof describedprostitution, inassignation, s.or lewdness.

823.01., or (b) A any house or place of prostitution, assignation, or lewdness.

(d) Nothing in This subsection does not shall prevent a Page 7 of 15 CODING:

hb0625-02-c2hb0625-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 625 2020 (d) Nothing in This subsection does not shall prevent a local governing body from adopting and enforcing laws consistent with this chapter relating to criminal gangs and gang violence.

(4)(a) Any place or premises that has been used on more than two occasions within a 6-month period as the site of any of the following violations is declared a nuisance and may be Pageabated 8or ofenjoined 15as CODING:provided in ss.

60.05 and 60.06:

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hb0625-02-c2hb0625-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 625 2020 abated1. or enjoined as provided in ss.

60.05 and 60.06:

1.

893.138 Local administrative action to abate certain activities declared drug-related, prostitution-related, or stolen-property-related public nuisances and criminal gang activity.— (1) It is the intent of this section to promote, protect, and improve the health, safety, and welfare of the citizens of the counties and municipalities of this state by authorizing the Page 9 of 15 CODING:

hb0625-02-c2hb0625-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 625 2020 the counties and municipalities of this state by authorizing the creation of administrative boards with authority to impose administrative fines and other noncriminal penalties in order to provide an equitable, expeditious, effective, and inexpensive method of enforcing ordinances in counties and municipalities under circumstances when a pending or repeated violation continues to exist.

or (g) On more than two occasions within a 6-month period, as Page 10 of 15 CODING:

hb0625-02-c2hb0625-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 625 2020 (g) On more than two occasions within a 6-month period, as the site of a violation of any combination of the following:

(4) Any county or municipality may, by ordinance, create Page 11 of 15 CODING:

hb0625-02-c2hb0625-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 625 2020 (4) Any county or municipality may, by ordinance, create an administrative board to hear complaints regarding the nuisances described in subsection (2).

(6) An order entered under subsection (5) shall expire Pageafter 121 ofyear 15or CODING:at such earlier time as is stated in the order.

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hb0625-02-c2hb0625-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 625 2020 after(7) 1An yearorder orentered atunder suchsubsection earlier(5) timemay asbe isenforced statedpursuant into the order.procedures contained in s.

(7) An order entered under subsection (5) may be enforced pursuant to the procedures contained in s.

establish penalties, including fines not to exceed $500 per day Pagefor 13recurring ofpublic 15nuisances; CODING:

provide for the recording of Page 13 of 15 CODING: