Florida lawmakers have broadened the state’s public nuisance statute, adding gambling houses to the list of properties that can be declared public nuisances — and eliminating a previous cap on total fines that could be imposed.
Senate Bill 168 takes effect July 1.
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What the law covers
Under the updated law, a property used on more than two occasions within a 12-month period as the site of a violation related to keeping a gambling house can now be declared a public nuisance. The property then becomes subject to abatement procedures under state law.
The bill adds gambling houses to an existing list of nuisance-eligible properties that already includes locations tied to prostitution, unlawful drug sales or manufacturing, criminal gang activity, dealing in stolen property, unlicensed alcohol sales, and violent crimes such as murder, attempted felony murder, and aggravated assault or battery with a deadly weapon.
Fines and fees
The legislation also revises how counties and municipalities can structure financial penalties for public nuisances.
Local governments may impose fines up to $250 per day. If the nuisance activity is not resolved within one year, fines can increase to $500 per day.
Notably, the bill removes a previous $15,000 total cap on fines that could be imposed under local ordinance authority — a significant change for property owners with long-running nuisance violations.
It also gives nuisance abatement boards the authority to retain jurisdiction, award attorney fees, and enforce foreclosures on property liens for unabated nuisance activities
Definition of Public Nuisance
According to a report from our sister station in Orlando WKMG, Public nuisances have a limited definition, though, applying under current state law to anywhere that’s been used:
- For prostitution more than twice within six months
- To manufacture or sell illicit drugs more than twice within six months
- By a criminal gang for the purpose of conducting criminal gang activity
- To deal in stolen property more than twice within six months
- As the site of a violation of the Florida Drug and Cosmetic Act at least twice within six months
- As the site of a murder, attempted felony murder, or aggravated battery with a deadly weapon more than twice within six months
- For the illegal or unlicensed sale of alcoholic beverages more than twice within a year