Florida SB 168: Congenital Cytomegalovirus Screenings

Bill Text

168 
Public Nuisances 
2026-03-18T05:12:50Z 
Revising the list of places that may be declared a public nuisance to include the site of a gambling house; revising provisions relating to the assessment and collection of fines for public nuisances; deleting a limit on the total amount of fines that may be imposed on a public nuisance, etc. 
ENROLLED 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
er 

 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 be