The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Criminal Justice
BILL: SB 1022
INTRODUCER: Senator Wright
SUBJECT: Public Nuisances
DATE: March 10, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Wyant Stokes CJ Pre-meeting
2. CA
3. RC
I. Summary:
SB 1022 amends s. 893.138, F.S., to remove the limit of total fines that may be imposed by a
local or municipal ordinance for public nuisances.
The bill takes effect on July 1, 2025.
II. Present Situation:
Nuisance Abatement
Section 893.138, F.S., allows local governments to establish a nuisance abatement board to hear
public nuisance complaints. These boards may take various administrative actions to abate
violence-related, drug-related, prostitution-related, or stolen property-related public nuisances
and criminal gang activity, including a closure of the place or premises.
Section 893.138(2), F.S., lists criminal activities which, if committed at any place or premises
during a specified period of time, may create a public nuisance. Such nuisance may be abated by
order of a nuisance abatement board. Those properties subject to nuisance abatement by the
board include any place or premises that has been used:
• On more than two occasions within a 6-month period as the site of a violation of s. 796.07,
F.S., prohibiting prostitution;
1
• On more than two occasions within a 6-month period as a site for the unlawful sale, delivery,
manufacture, or cultivation of a controlled substance;
2
1
Section 893.138(2)(a), F.S.
2
Section 893.138(2)(b), F.S.
REVISED: BILL: SB 1022 Page 2
• On one occasion as the site of a felony involving the unlawful possession of a controlled
substance and that has been previously used as the site for the unlawful sale, delivery,
manufacture, or cultivation of a controlled substance;
3
• By a criminal street gang for a pattern of criminal street gang activity;
4,5
• On more than two occasions within a 6-month period for a violation of s. 812.019, F.S.,
relating to stolen property;
6
• On two or more occasions within a 6-month period, as the site of a violation of ch. 499, F.S.,
relating to the Florida Drug and Cosmetic Act;
7
• On more than two occasions within a 6-month period, as the site of a violation of any
combination of murder and other specified aggravated batteries;
8,9
or
• On more than two occasions within a 12-month period, as the site of a violation of s. 562.12,
F.S., relating to the unlicensed or unlawful sale of alcoholic beverages.
10
Additionally, any pain-management clinic which has been used on more than two occasions
within a 6-month period as the site of a violation relating to assault and battery, burglary, theft,
robbery by sudden snatching, or the unlawful distribution of controlled substances may be
declared a public nuisance and subject to nuisance abatement.
11
Under s. 893.138(5), F.S., a local administrative board created to address public nuisances may
order the owner of such place or premises to adopt appropriate procedures to abate a nuisance, or
enter an order immediately prohibiting:
• Maintaining the nuisance;
• Operating or maintaining the place or premises, including the closure or operation of the
place or premises; and
• Conduct, operation, or maintenance of any business or activity on the premises which is
conducive to such nuisance.
Penalties that may be imposed under s. 893.138, F.S., may be supplemented by a county or
municipal ordinance, which may include, but is not limited to, the following penalties:
12
• Imposing additional penalties for public nuisances, including fines not to exceed $250 per
day;
• Requiring the payment of reasonable costs, including reasonable attorney fees associated
with investigations of and hearings on public nuisances;
3
Section 893.138(2)(c), F.S.
4
“Criminal gang-related activity” means, in part, an activity committed with the intent to benefit, promote, or further the
interests of a criminal gang, or for the purposes of increasing a person’s own standing within a criminal gang. Section
874.03(4)(a), F.S.
5
Section 893.138(2)(d), F.S.
6
Section 893.138(2)(e), F.S.
7
Section 893.138(2)(f), F.S.
8
Section 893.138(2)(g), F.S.
9
Offenses include murder pursuant to s. 782.04, F.S., attempted felony murder pursuant to s. 782.051, F.S., aggravated
battery with a deadly weapon pursuant to s. 784.045(1)(a)2., F.S., and aggravated assault with a deadly weapon without
intent to kill pursuant to s. 784.021(1)(a), F.S.
10
Section 893.138(2)(h), F.S.
11
Section 893.138(3), F.S.
12
Section 893.138(11), F.S. BILL: SB 1022 Page 3
• Providing continuing jurisdiction for a period of one year over any place or premises that has
been or is declared to be a public nuisance;
• Imposing penalties, including fines not to exceed $500 per day for recurring public
nuisances;
• Requiring the recording of orders on public nuisances so that notice must be given to
subsequent purchasers, successors in interest, or assigns of the real property that is the
subject of the order;
• Providing that recorded orders on public nuisances may become liens against the real
property that is the subject of the order; and
• Providing for the foreclosure of property subject to a lien and the recovery of all costs,
including reasonable attorney fees, associated with the recording of orders and foreclosure.
However, a lien may not be created to foreclose on real property which is a homestead under
s. 4, Art. X of the State Constitution.
The total fines imposed in a county or municipal ordinance may not exceed $15,000.
The nuisance abatement board may also bring a complaint under s. 60.05, F.S., seeking
temporary and permanent injunctive relief against any nuisance described in s. 893.138(2), F.S.
Section 60.05, F.S., also provides a process for an Attorney General, state attorney, city attorney,
county attorney, sheriff, or any citizen of the county to sue in the name of the state to prohibit the
nuisance, the person or persons maintaining it, and the owner or agent of the building or ground
on which the nuisance exists. For other types of public nuisances such as the disposal of dead
animals, the abandonment of refrigerators and other appliances, and abandoned or derelict
vessels, ch. 823, F.S., provides penalties for the maintenance of those nuisances.
III. Effect of Proposed Changes:
The bill amends s. 893.138, F.S., to remove the limit of total fines that may be imposed by a
local or municipal ordinance for public nuisances.
The bill takes effect on July 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
The bill does not appear to require the cities and counties to expend funds or limit their
authority to raise revenue or receive state-shared revenues as specified by Article VII, s.
18, of the State Constitution.
B. Public Records/Open Meetings Issues:
None. BILL: SB 1022 Page 4
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends 893.138 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.