The bill amends section 893.138 of the Florida Statutes to revise the assessment and collection of fines for public nuisances. It introduces a new definition for "legal assistant" and removes the previous cap on the total fines that could be imposed for public nuisances. The bill allows for fines to be set at $250 per day, increasing to $500 per day if the nuisance is not abated within one year. Additionally, it mandates that the nuisance abatement board consider the severity of the nuisance and any corrective actions taken by the property owner when determining fines.
Furthermore, the bill modifies provisions related to the payment of attorney fees, allowing for the consideration of legal assistants' contributions to the case. It establishes a continuing jurisdiction period of one year over properties declared as public nuisances until they are abated. The bill also outlines the process for foreclosing on liens related to unpaid fines, specifying that after three months of non-payment, the appropriate entity may initiate foreclosure, and if the nuisance remains unabated after two years, foreclosure is required. Notably, the bill ensures that no liens can be placed on homestead properties and provides protections for property owners against liens if they take prompt action to evict tenants involved in nuisance activities.
Statutes affected: H 1343 Filed: 893.138
H 1343 c1: 893.138