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Bill Summary Details

Public Nuisances (Watch)

CS/CS/HB 625 (Newton) and CS/CS/SB 888 (Perry) address public nuisance properties. The bills:

•extend and increase the frequency of notice so a property owner has sufficient time to receive notice and correct the use of the property. 

•allow for shorter notice where the public nuisance presents a danger of immediate and irreparable injury. 

•provide more detail on what must be provided in the notice and serving the notice.

•delete the requirement that a criminal gang or member or associate of such gang must use a location “on two or more occasions” for the purpose of engaging in a criminal gang-related activity for such use to qualify as a public nuisance that can be abated or enjoined.

•provide that any place or premises that has been used on more than two occasions within a six-month period as the site of dealing in stolen property, assault, aggravated assault, battery, aggravated battery, burglary, theft or robbery by sudden snatching may be declared a public nuisance and may be abated or enjoined. 

•provide that a rental property that is declared a public nuisance based upon the previously described circumstances may not be abated or subject to forfeiture under the Florida Contraband Forfeiture Act if the nuisance was committed by someone other than the owner of the property and the property owner commences rehabilitation of the property within 30 days after the property is declared a public nuisance and completes the rehabilitation within a reasonable time thereafter. (Cook)