SB 1022 — Fines for Public Nuisance Abatement

Florida Senate - 2025 CS for SB 1022 By Senatorthe WrightCommittee 8-00658-25on 20251022__Criminal AJustice; bill to be entitled An act relating to public nuisances;

and Senator Wright 591-02287-25 20251022c1 A bill to be entitled An act relating to fines for public nuisance abatement;

deletingrevising a cap on the total amount of fines that may be imposed under specified provisions relating to placesthe orassessment premisesand declaredcollection toof befines for public nuisances;

defining the term “legal assistant”;

removing a limit on the total amount of fines that may be imposed on a public nuisance;

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

The ordinance may include, but is not limited to,to: provisions that establish additional penalties for public nuisances, including fines not to exceed $250 per day;

provide(a) for, theprovisions paymentthat ofestablish reasonableadditional costs,Penalties includingfor reasonablepublic attorneynuisances, feesincluding associatedfines withnot investigationsto ofexceed and$250 hearingsper onday. public nuisances;

provideIf forthe continuingnuisance jurisdictionactivity foris anot periodabated ofwithin 1 yearyear, overthe anyfines placeincrease or premises that has been or is declared to be$500 aper publicday. nuisance;

establishIn penalties,determining includingthe finesamount notof tothe exceedfine, $500if perany, daythe fornuisance recurringabatement board shall consider the gravity of the public nuisances;nuisance and any actions taken by the owner to correct the public nuisance.

(b) ;

provide for the payment of reasonable costs, including Reasonable attorney fees associated with investigations of and hearings on public nuisances.

If attorney fees are requested, the nuisance abatement board shall award Page 1 of 3 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2025 CS for SB 1022 591-02287-25 20251022c1 attorney fees after considering, among other things, time and labor of any legal assistants who contributed nonclerical, meaningful legal support to the matter involved and who are working under the supervision of an attorney.

For purposes of this paragraph, the term “legal assistant” means a person who, under the supervision and direction of a licensed attorney, engages in legal research, and case development or planning.

(c) ;

Provide for continuing jurisdiction for periods a period of 1 year over any place or premises that has been or is declared to be a public nuisance until the public nuisance is abated.

(d) The county or municipality may enter into an agreement with the tax collector to recover the fines via non-ad valorem special assessments.

(e) ;establish penalties, including fines not to exceed $500 per day for recurring public nuisances;

and provide for Pagethe 1Foreclosure of 2property CODING:subject to a lien and the recovery of all costs, including reasonable attorney fees, associated with the recording of orders and foreclosure.

After 3 months from the filing of any such lien which remains unpaid, the nuisance abatement board may authorize the appropriate entity to foreclose on the lien.

If the nuisance abatement activity is unabated after 2 years, the nuisance abatement board shall authorize and require the appropriate Page 2 of 3 CODING:

Florida Senate - 2025 CS for SB 1022 8-00658-25591-02287-25 20251022__20251022c1 theentity foreclosure of property subject to aforeclose lienon and the recoverylien. of all costs, including reasonable attorney fees, associated with the recording of orders and foreclosure.

Nothing contained within thisThis section does not prohibit prohibits a county or municipality from proceeding against a public nuisance by any other means.

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