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F.S. 893.138 on Google Scholar

F.S. 893.138 on Casetext

Amendments to 893.138


The 2021 Florida Statutes

Title XLVI
CRIMES
Chapter 893
DRUG ABUSE PREVENTION AND CONTROL
View Entire Chapter
F.S. 893.138 Florida Statutes and Case Law
893.138 Local administrative action to abate certain activities declared public nuisances.
(1) It is the intent of this section to promote, protect, and improve the health, safety, and welfare of the citizens of the counties and municipalities of this state by authorizing the creation of administrative boards with authority to impose administrative fines and other noncriminal penalties in order to provide an equitable, expeditious, effective, and inexpensive method of enforcing ordinances in counties and municipalities under circumstances when a pending or repeated violation continues to exist.
(2) Any place or premises that has been used:
(a) On more than two occasions within a 6-month period, as the site of a violation of s. 796.07;
(b) On more than two occasions within a 6-month period, as the site of the unlawful sale, delivery, manufacture, or cultivation of any controlled substance;
(c) On one occasion as the site of the unlawful possession of a controlled substance, where such possession constitutes a felony and that has been previously used on more than one occasion as the site of the unlawful sale, delivery, manufacture, or cultivation of any controlled substance;
(d) By a criminal gang for the purpose of conducting criminal gang activity as defined by s. 874.03;
(e) On more than two occasions within a 6-month period, as the site of a violation of s. 812.019 relating to dealing in stolen property;
(f) On two or more occasions within a 6-month period, as the site of a violation of chapter 499; or
(g) On more than two occasions within a 6-month period, as the site of a violation of any combination of the following:
1. Section 782.04, relating to murder;
2. Section 782.051, relating to attempted felony murder;
3. Section 784.045(1)(a)2., relating to aggravated battery with a deadly weapon; or
4. Section 784.021(1)(a), relating to aggravated assault with a deadly weapon without intent to kill,

may be declared to be a public nuisance, and such nuisance may be abated pursuant to the procedures provided in this section.

(3) Any pain-management clinic, as described in s. 458.3265 or s. 459.0137, which has been used on more than two occasions within a 6-month period as the site of a violation of:
(a) Section 784.011, s. 784.021, s. 784.03, or s. 784.045, relating to assault and battery;
(b) Section 810.02, relating to burglary;
(c) Section 812.014, relating to theft;
(d) Section 812.131, relating to robbery by sudden snatching; or
(e) Section 893.13, relating to the unlawful distribution of controlled substances,

may be declared to be a public nuisance, and such nuisance may be abated pursuant to the procedures provided in this section.

(4) Any county or municipality may, by ordinance, create an administrative board to hear complaints regarding the nuisances described in subsection (2). Any employee, officer, or resident of the county or municipality may bring a complaint before the board after giving not less than 3 days’ written notice of such complaint to the owner of the place or premises at his or her last known address. After a hearing in which the board may consider any evidence, including evidence of the general reputation of the place or premises, and at which the owner of the premises shall have an opportunity to present evidence in his or her defense, the board may declare the place or premises to be a public nuisance as described in subsection (2).
(5) If the board declares a place or premises to be a public nuisance, it may enter an order requiring the owner of such place or premises to adopt such procedure as may be appropriate under the circumstances to abate any such nuisance or it may enter an order immediately prohibiting:
(a) The maintaining of the nuisance;
(b) The operating or maintaining of the place or premises, including the closure of the place or premises or any part thereof; or
(c) The conduct, operation, or maintenance of any business or activity on the premises which is conducive to such nuisance.
(6) An order entered under subsection (5) shall expire after 1 year or at such earlier time as is stated in the order.
(7) An order entered under subsection (5) may be enforced pursuant to the procedures contained in s. 120.69. This subsection does not subject a municipality that creates a board under this section, or the board so created, to any other provision of chapter 120.
(8) The board may bring a complaint under s. 60.05 seeking temporary and permanent injunctive relief against any nuisance described in subsection (2).
(9) This section does not restrict the right of any person to proceed under s. 60.05 against any public nuisance.
(10) As used in this section, the term “controlled substance” includes any substance sold in lieu of a controlled substance in violation of s. 817.563 or any imitation controlled substance defined in s. 817.564.
(11) The provisions of this section may be supplemented by a county or municipal ordinance. The ordinance may include, but is not limited to, provisions that establish additional penalties for public nuisances, including fines not to exceed $250 per day; provide for the payment of reasonable costs, including reasonable attorney fees associated with investigations of and hearings on public nuisances; provide for continuing jurisdiction for a period of 1 year over any place or premises that has been or is declared to be a public nuisance; establish penalties, including fines not to exceed $500 per day for recurring public nuisances; provide for 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; provide that recorded orders on public nuisances may become liens against the real property that is the subject of the order; and provide 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. No lien created pursuant to the provisions of this section may be foreclosed on real property which is a homestead under s. 4, Art. X of the State Constitution. Where a local government seeks to bring an administrative action, based on a stolen property nuisance, against a property owner operating an establishment where multiple tenants, on one site, conduct their own retail business, the property owner shall not be subject to a lien against his or her property or the prohibition of operation provision if the property owner evicts the business declared to be a nuisance within 90 days after notification by registered mail to the property owner of a second stolen property conviction of the tenant. The total fines imposed pursuant to the authority of this section shall not exceed $15,000. Nothing contained within this section prohibits a county or municipality from proceeding against a public nuisance by any other means.
(12) Notwithstanding any other law, a rental property that is declared a nuisance under this section may not be abated or subject to forfeiture under the Florida Contraband Forfeiture Act if the nuisance was committed by someone other than the property owner and the property owner commences rehabilitation of the property within 30 days after the property is declared a nuisance and completes the rehabilitation within a reasonable time thereafter.
History.s. 7, ch. 87-243; s. 2, ch. 90-207; s. 1, ch. 91-143; s. 6, ch. 93-227; s. 1, ch. 94-242; s. 42, ch. 96-388; s. 1829, ch. 97-102; s. 1, ch. 97-200; s. 2, ch. 98-395; s. 1, ch. 2000-111; s. 5, ch. 2001-66; s. 24, ch. 2008-238; s. 27, ch. 2011-141; s. 87, ch. 2012-5; s. 88, ch. 2016-10; ss. 7, 44, ch. 2016-105; s. 107, ch. 2019-167; s. 3, ch. 2020-130.

Statutes updated from Official Statutes on: January 26, 2022
F.S. 893.138 on Google Scholar

F.S. 893.138 on Casetext

Amendments to 893.138


Arrestable Offenses / Crimes under Fla. Stat. 893.138
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 893.138.


Civil Citations / Citable Offenses under S893.138
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 893.138.


Annotations, Discussions, Cases:

  1. Florida Statute § 893.138 allows a place or premises to be declared a public nuisance which may be abated if, among other things, on more than two occasions within a six month period the place or premises has been used as "the site of the unlawful sale, delivery, manufacture or cultivation of any controlled substance." Fla. Stat. § 893.138( 2)(b). The statute further provides that a county or municipality may create an administrative board by ordinance to hear complaints regarding this type of nuisance. Fla. Stat. § 893.138( 4). After a complaint and not less than three days' notice, the administrative board conducts a hearing to consider the evidence, including evidence presented by the owner of the premises. Id. The board may declare the place or premises a public nuisance, id., and if it does so may enter an order requiring the owner to adopt such procedure as may be appropriate under the circumstances to abate the nuisance or prohibiting certain conduct, including maintaining or operating any business or activity on the premises, Fla. Stat. 893.138( 5). The statute may be supplemented by a municipal ordinance containing certain provisions…
    PAGE 6
  2. Abu-Khadier v. City of Fort Myers

    Case No. 2:12-cv-387-FtM-29CM (M.D. Fla. Mar. 21, 2014)
    In its Counterclaim, the City states that: "Fla. Stat. § 893.138 authorizes municipalities of Florida to file an action for temporary, preliminary, and permanent injunctive relief, as well as fines, to enforce orders of nuisance abatement boards pursuant to Fla. Stat. § 120.69." (Doc. #27, ¶ 44.) However, the relevant section does not specifically authorize municipalities to file such actions, and instead provides: "An order entered under subsection (5) may be enforced pursuant to the procedures contained in § 120.69. This subsection does not subject a municipality that creates a board under this section, or the board so created, to any other provision of chapter 120." Fla. Stat. § 893.138(7). Additionally, Fla. Stat. § 120.69(1)(a) provides:
    PAGE 5
  3. Powell v. City of Sarasota

    857 So. 2d 326 (Fla. Dist. Ct. App. 2003)   Cited 5 times
    The intent of section 893.138 is to "promote, protect, and improve the health, safety, and welfare of the citizens" by abating drug-related public nuisances.
    PAGE 328
  4. Powell v. City of Sarasota

    953 So. 2d 5 (Fla. Dist. Ct. App. 2006)   Cited 1 times
    Counties and municipalities are authorized by statute to create administrative boards to abate public nuisances occasioned by illegal drugs, prostitution, and other criminal activity. § 893.138, Fla. Stat. (2002). The City of Sarasota has created such a body. City of Sarasota, FL, Ordinance 95-3849 (codified at City of Sarasota, FL, Code ch. 2, art. V, div. 2). Under both the statute and ordinance, any place or premises can be declared a public nuisance when it is the site of more than two unlawful drug transactions within six months. Id.; § 893.138(2)(b).
    PAGE 7
  5. Mesa v. City, Miami Nuisance

    673 So. 2d 500 (Fla. Dist. Ct. App. 1996)   Cited 1 times
    As to their first contention, we hold that when Nuisance Abatement Board orders under section 893.138, Florida Statutes (1995), or section 45.5-5 (e), Code of Miami, Fl., are stayed pending the outcome of judicial proceedings, the running of the one-year period is tolled until such time as the stay is terminated. Thus, it was not necessary for the Board to extend the original order to keep it viable. Any result to the contrary would render meaningless Board orders on which review is sought and a stay order is entered which extends beyond the one-year period. Under such a circumstance, the legislative purpose of timely nuisance abatement would be made unreasonably difficult to accomplish and the Board's proceedings potentially never ending. We thus reject the petitioners' first argument.
    PAGE 502
  6. Florida Statute § 893.138 authorizes local governments to declare as a public nuisance any place or premises that has been used on more than two occasions, within a six-month period, as the site of an unlawful sale, delivery, manufacture, or cultivation of any controlled substance.
    PAGE 1027
  7. City of St. Petersburg v. Kablinger

    730 So. 2d 409 (Fla. Dist. Ct. App. 1999)   Cited 2 times
    In 1993 the St. Petersburg Nuisance Abatement Board (NAB) determined that a public nuisance existed on Joseph H. Kablinger's property because cocaine had been sold there on more than two occasions. Pursuant to the St. Petersburg Code of Ordinances 19-66 through 19-72, and section 893.138, Florida Statutes (1991), the NAB prohibited any rental or business activities at the property for one year, beginning July 1, 1993. The property owner did not appeal the NAB's order, nor seek to modify it. Instead, in 1997 Kablinger filed suit asserting that he was entitled to compensation because the order constituted a temporary taking of the use of the property.
  8. City of Miami v. Keshbro, Inc.

    717 So. 2d 601 (Fla. Dist. Ct. App. 1998)   Cited 5 times
    By section 893.138(2), Florida Statutes (1995), the Florida legislature has authorized each of the various counties and municipalities of the state to create an administrative board, quasi-judicial in nature, see Mesa v. City of Miami Nuisance Abatement Bd., 673 So.2d 500 (Fla. 3d DCA 1996), to hear and take action on complaints regarding certain nuisances. The City established its Board pursuant to this authorization [Miami, Fl., Code § 46-2], with jurisdiction over such proscribed activities as drug sales, gambling, prostitution-related activity, and gang- related activity [Miami, Fl., Code § 46-1(a),(b),(c), and (f)]. The Board is authorized to impose sanctions, including closure for up to one year of premises on which such proscribed activities take place [§ 893.138(3)(b),(4), Fla. Stat. (1995); Mesa v. City of Miami Nuisance Abatement Bd.].
  9. Keshbro v. City of Miami

    801 So. 2d 864 (Fla. 2001)   Cited 13 times   2 Legal Analyses
    Section 893.138(2), Florida Statutes (1995), provides the authority for municipalities and counties to create nuisance abatement boards:
    PAGE 867