THE BILL ITSELF
CS/HB 481
Public Nuisance Abatement
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A bill to be entitled
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An act relating to public nuisance abatement; amending
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s. 893.138, F.S.; revising provisions relating to the
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assessment and collection of fines for public
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nuisances; defining the term "legal assistant";
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removing a limit on the total amount of fines that may
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be imposed on a public nuisance; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (11) of section 893.138, Florida
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Statutes, is amended to read:
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893.138 Local administrative action to abate certain
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activities declared public nuisances.—
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(11) The provisions of this section may be supplemented by
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a county or municipal ordinance. The ordinance may include, but
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is not limited to:
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(a), provisions that establish additional Penalties for
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public nuisances, including fines not to exceed $250 per day. If
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the nuisance activity is not abated within 1 year, the fines
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increase to $500 per day. In determining the amount of the fine,
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if any, the nuisance abatement board shall consider the gravity
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of the public nuisance and any actions taken by the owner to
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correct the public nuisance.
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(b); provide for the payment of reasonable costs, including
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Reasonable attorney fees associated with investigations of and
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hearings on public nuisances. If attorney fees are requested,
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the nuisance abatement board shall award attorney fees after
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considering, among other things, time and labor of any legal
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assistants who contributed nonclerical, meaningful legal support
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to the matter involved and who are working under the supervision
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of an attorney. For purposes of this paragraph, the term "legal
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assistant" means a person who, under the supervision and
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direction of a licensed attorney, engages in legal research, and
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case development or planning.
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(c); provide for Continuing jurisdiction for a period of 1
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year over any place or premises that has been or is declared to
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be a public nuisance until the public nuisance is abated.
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(d); establish penalties, including fines not to exceed
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$500 per day for recurring public nuisances; provide for the
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recording of orders on public nuisances so that notice must be
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given to subsequent purchasers, successors in interest, or
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assigns of the real property that is the subject of the order;
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provide that recorded orders on public nuisances may become
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liens against the real property that is the subject of the
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order; and provide for the Foreclosure of property subject to a
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lien and the recovery of all costs, including reasonable
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attorney fees, associated with the recording of orders and
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foreclosure. After 3 months from the filing of any such lien
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which remains unpaid, the nuisance abatement board may authorize
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the appropriate entity to foreclose on the lien. If the nuisance
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abatement activity is unabated after 2 years, the nuisance
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abatement board shall authorize and require the appropriate
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entity to foreclose on the lien. No lien created pursuant to the
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provisions of this section may be foreclosed on real property
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which is a homestead under s. 4, Art. X of the State
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Constitution. Where a local government seeks to bring an
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administrative action, based on a stolen property nuisance,
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against a property owner operating an establishment where
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multiple tenants, on one site, conduct their own retail
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business, the property owner shall not be subject to a lien
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against his or her property or the prohibition of operation
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provision if the property owner evicts the business declared to
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be a nuisance within 90 days after notification by registered
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mail to the property owner of a second stolen property
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conviction of the tenant. The total fines imposed pursuant to
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the authority of this section shall not exceed $15,000. Nothing
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contained within This section does not prohibit prohibits a
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county or municipality from proceeding against a public nuisance
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by any other means.
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Section 2. This act shall take effect July 1, 2026.