CS/HB 1343 2025
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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 fines for public nuisance 2
abatement; amending s. 893.138, F.S.; revising 3
provisions relating to the assessment and collection 4
of fines for public nuisances; defining the term 5
"legal assistant"; removing a limit on the total 6
amount of fines that may be imposed on a public 7
nuisance; providing an effective date. 8
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Be It Enacted by the Legislature of the State of Florida: 10
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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 1343 2025
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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, 26
including Reasonable attorney fees associated with 27
investigations of and hearings on public nuisances . If attorney 28
fees are requested, the nuisance abatement board shall award 29
attorney fees after considering, among other things, time and 30
labor of any legal ass istants who contributed nonclerical, 31
meaningful legal support to the matter involved and who are 32
working under the supervision of an attorney. For purposes of 33
this paragraph, the term "legal assistant" means a person who, 34
under the supervision and directio n of a licensed attorney, 35
engages in legal research, and case development or planning. 36
(c); Provide for continuing jurisdiction for a periods 37
period of 1 year over any place or premises that has been or is 38
declared to be a public nuisance until the public nuisance is 39
abated.; 40
(d) establish penalties, including fines not to exceed 41
$500 per day for recurring public nuisances; provide for the 42
recording of orders on public nuisances so that notice must be 43
given to subsequent purchasers, successors in inter est, or 44
assigns of the real property that is the subject of the order; 45
provide that recorded orders on public nuisances may become 46
liens against the real property that is the subject of the 47
order; and provide for the Foreclosure of property subject to a 48
lien and the recovery of all costs, including reasonable 49
attorney fees, associated with the recording of orders and 50
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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
foreclosure. After 3 months from the filing of any such lien 51
which remains unpaid, the nuisance abatement board may authorize 52
the appropriate entity to foreclose on the lien. If the nuisance 53
abatement activity is unabated after 2 years, the nuisance 54
abatement board shall authorize and require the appropriate 55
entity to foreclose on the lien. No lien created pursuant to the 56
provisions of this sect ion may be foreclosed on real property 57
which is a homestead under s. 4, Art. X of the State 58
Constitution. Where a local government seeks to bring an 59
administrative action, based on a stolen property nuisance, 60
against a property owner operating an establish ment where 61
multiple tenants, on one site, conduct their own retail 62
business, the property owner shall not be subject to a lien 63
against his or her property or the prohibition of operation 64
provision if the property owner evicts the business declared to 65
be a nuisance within 90 days after notification by registered 66
mail to the property owner of a second stolen property 67
conviction of the tenant. The total fines imposed pursuant to 68
the authority of this section shall not exceed $15,000. Nothing 69
contained within This section does not prohibit prohibits a 70
county or municipality from proceeding against a public nuisance 71
by any other means. 72
Section 2. This act shall take effect July 1, 2025. 73