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ENROLLED
2026
Legislature
SB 168
2026168er
1
2 An act relating to public nuisances; amending s.
3 893.138, F.S.; revising the list of places that may be
4 declared a public nuisance to include the site of a
5 gambling house; revising provisions relating to the
6 assessment and collection of fines for public
7 nuisances; defining the term “legal assistant”;
8 deleting a limit on the total amount of fines that may
9 be imposed on a public nuisance; conforming provisions
10 to changes made by the act; providing an effective
11 date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Subsections (2) and (11) of section 893.138,
16 Florida Statutes, are amended to read:
17 893.138 Local administrative action to abate certain
18 activities declared public nuisances.—
19 (2) Any place or premises that has been used:
20 (a) On more than two occasions within a 6-month period, as
21 the site of a violation of s. 796.07;
22 (b) On more than two occasions within a 6-month period, as
23 the site of the unlawful sale, delivery, manufacture, or
24 cultivation of any controlled substance;
25 (c) On one occasion as the site of the unlawful possession
26 of a controlled substance, where such possession constitutes a
27 felony and that has been previously used on more than one
28 occasion as the site of the unlawful sale, delivery,
29 manufacture, or cultivation of any controlled substance;
30 (d) By a criminal gang for the purpose of conducting
31 criminal gang activity as defined by s. 874.03;
32 (e) On more than two occasions within a 6-month period, as
33 the site of a violation of s. 812.019, relating to dealing in
34 stolen property;
35 (f) On two or more occasions within a 6-month period, as
36 the site of a violation of chapter 499;
37 (g) On more than two occasions within a 6-month period, as
38 the site of a violation of any combination of the following:
39 1. Section 782.04, relating to murder;
40 2. Section 782.051, relating to attempted felony murder;
41 3. Section 784.045(1)(a)2., relating to aggravated battery
42 with a deadly weapon;
or
43 4. Section 784.021(1)(a), relating to aggravated assault
44 with a deadly weapon without intent to kill;
or
45 (h) On more than two occasions within a 12-month period, as
46 the site of a violation of s. 562.12, relating to the unlicensed
47 or unlawful sale of alcoholic beverages
; or
48
(i) On more than two occasions within a 12-month period, as
49
the site of a violation of s. 849.01, relating to keeping a
50
gambling house
,
51
52 may be declared to be a public nuisance, and such nuisance may
53 be abated pursuant to the procedures provided in this section.
54 (11)
The provisions of
This section may be supplemented by
55 a county or municipal ordinance. The ordinance may include, but
56 is not limited to,
any of the following:
57
(a)
provisions that establish additional
Penalties for
58 public nuisances, including fines not to exceed $250 per day
. If
59
the nuisance activity is not abated within 1 year, the fines may
60
increase to $500 per day. In determining the amount of the fine,
61
the nuisance abatement board shall consider the gravity of the
62
public nuisance and any actions taken by the property owner to
63
correct the public nuisance.
; provide for the payment of
64
reasonable costs, including
65
(b)
Reasonable attorney fees associated with investigations
66 of and hearings on public nuisances
. If attorney fees are
67
requested, the nuisance abatement board must also award fees for
68
the time and labor of any legal assistants who contributed
69
nonclerical, meaningful legal support to the matter. For
70
purposes of this subsection, the term “legal assistant” means a
71
person who, under the supervision and direction of an attorney,
72
engages in legal research and case development or planning.
73
(c)
;
Provide for
Continuing jurisdiction for
renewing
74
periods
a period
of 1 year over any place or premises
that has
75
been or is
declared to be a public nuisance
, until the public
76
nuisance is abated.
; establish penalties, including fines not to
77
exceed $500 per day for recurring public nuisances;
78
(d)
Provide for
The recording of orders on public nuisances
79 so that notice must be given to subsequent purchasers,
80 successors in interest, or assigns of the real property that is
81 the subject of the order
.
;
provide that
Recorded orders on
82 public nuisances may become liens against the real property that
83 is the subject of the order
.
; and
84
(
e
)
Provide for
The foreclosure of property subject to a
85 lien and the recovery of all costs, including reasonable
86 attorney fees
and legal assistant fees
, associated with the
87 recording of orders and foreclosure.
If a lien remains unpaid 3
88
months after it is filed
, the nuisance abatement board may
89
authorize the appropriate entity to foreclose on the lien. If
90
the public nuisance activity is unabated after 2 years, the
91
nuisance abatement board must authorize and require the
92
appropriate entity to foreclose on the lien
.
A
No
lien created
93 pursuant to
the provisions of
this section may
not
be foreclosed
94 on real property
that
which
is a homestead under s. 4, Art. X of
95 the State Constitution.
If
Where
a local government seeks to
96 bring an administrative action, based on a stolen property
97 nuisance, against a property owner operating an establishment
98 where multiple tenants, on one site, conduct their own retail
99 business, the property owner
is
shall
not
be
subject to a lien
100 against his or her property or the prohibition of operation
101 provision if the property owner evicts the business declared to
102 be a nuisance within 90 days after notification by registered
103 mail to the property owner of a second stolen property
104 conviction of the tenant.
The total fines imposed pursuant to
105
the authority of this section shall not exceed $15,
000. Nothing
106
contained within
This section
does not prohibit
prohibits
a
107 county or municipality from proceeding against a public nuisance
108 by any other means.
109 Section 2. This act shall take effect July 1, 2026.