Florida HB 481: Public Nuisance Abatement

Bill Text

CS/HB 481 2026

CODING: Words stricken are deletions; words underlined are additions.
hb481-01-c1
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

A bill to be entitled 1
An act relating to public nuisance abatement; amending 2
s. 893.138, F.S.; revising provisions relating to the 3
assessment and collection of fines for public 4
nuisances; defining the term "legal assistant"; 5
removing a limit on the total amount of fines that may 6
be imposed on a public nuisance; providing an 7
effective date. 8
9
Be It Enacted by the Legislature of the State of Florida: 10
11
Section 1. Subsection (11) of section 893.138, Florida 12
Statutes, is amended to read: 13
893.138 Local administrative action to abate certain 14
activities declared public nuisances.— 15
(11) The provisions of this section may be supplemented by 16
a county or municipal ordinance. The ordinance may include, but 17
is not limited to: 18
(a), provisions that establish additional Penalties for 19
public nuisances, including fines not to exceed $250 per day. If 20
the nuisance activity is not abated within 1 year, the fines 21
increase to $500 per day. In determining the amount of the fine, 22
if any, the nuisance abatement board shall consider the gravity 23
of the public nuisance and any actions taken by the owner to 24
correct the public nuisance. 25

CS/HB 481 2026

CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

(b); provide for the payment of reasonable costs, including 26
Reasonable attorney fees associated with investigations of and 27
hearings on public nuisances. If attorney fees are requested, 28
the nuisance abatement board shall award attorney fees after 29
considering, among other things, time and labor of any legal 30
assistants who contributed nonclerical, meaningful legal support 31
to the matter involved and who are working under the supervision 32
of an attorney. For purposes of this paragraph, the term "legal 33
assistant" means a person who, under the supervision and 34
direction of a licensed attorney, engages in legal research, and 35
case development or planning. 36
(c); provide for Continuing jurisdiction for a period of 1 37
year over any place or premises that has been or is declared to 38
be a public nuisance until the public nuisance is abated. 39
(d); establish penalties, including fines not to exceed 40
$500 per day for recurring public nuisances; provide for the 41
recording of orders on public nuisances so that notice must be 42
given to subsequent purchasers, successors in interest, or 43
assigns of the real property that is the subject of the order; 44
provide that recorded orders on public nuisances may become 45
liens against the real property that is the subject of the 46
order; and provide for the Foreclosure of property subject to a 47
lien and the recovery of all costs, including reasonable 48
attorney fees, associated with the recording of orders and 49
foreclosure. After 3 months from the filing of any such lien 50

CS/HB 481 2026

CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

which remains unpaid, the nuisance abatement board may authorize 51
the appropriate entity to foreclose on the lien. If the nuisance 52
abatement activity is unabated after 2 years, the nuisance 53
abatement board shall authorize and require the appropriate 54
entity to foreclose on the lien. No lien created pursuant to the 55
provisions of this section may be foreclosed on real property 56
which is a homestead under s. 4, Art. X of the State 57
Constitution. Where a local government seeks to bring an 58
administrative action, based on a stolen property nuisance, 59
against a property owner operating an establishment where 60
multiple tenants, on one site, conduct their own retail 61
business, the property owner shall not be subject to a lien 62
against his or her property or the prohibition of operation 63
provision if the property owner evicts the business declared to 64
be a nuisance within 90 days after notification by registered 65
mail to the property owner of a second stolen property 66
conviction of the tenant. The total fines imposed pursuant to 67
the authority of this section shall not exceed $15,000. Nothing 68
contained within This section does not prohibit prohibits a 69
county or municipality from proceeding against a public nuisance 70
by any other means. 71
Section 2. This act shall take effect July 1, 2026. 72