What is owner's liability for tenant drug use on premises?
Full Question:
What is owner's liability for tenant drug use on premises?
01/08/2009 |
Category: Landlord Tenant |
State: Florida |
#14950
Answer:
Generally, a landlord’s obligations include supplying possession of the premises as agreed in the lease. The premises must meet minimum standards of habitability including compliance with applicable building codes. A landlord is obligated to keep the premises in repair, to the same standard as existed when the tenant initially leased the premises.
Aside from complying with the lease agreement (many of which typically incorporate statutory duties of tenants), the tenant is obliged to keep the premises in as clean and safe condition as possible, and comply with any applicable health and safety codes. A tenant must not damage the premises, nor cause a nuisance to neighboring tenants. A tenant must not permit or participate in criminal activity on the premises. A tenant is required to inform landlord of any dangerous conditions that develop, of any damage caused to the premises by whatever source, and of any serious injury to the tenant, tenant's family or guests, or tenant's property while on the premises.
Landlords may be legally required by state and local building codes, ordinances or security laws to protect other tenants or neighbors from any illegal activities of its tenants. If a landlord knowingly allows illegal activity, such as drug use, the landlord may be subject to state or local fines or penalties, and the property may be considered a public nuisance and/or confiscated by the government. A landlord should carefully include prohibitions against illegal activity in lease agreements, and may be able to evict a tenant who breaches such provisions.
Eviction is a legal process by which a landlord may terminate a tenant's right to remain on the rental property. Ultimately, the tenant may be forcibly removed from the property by the sheriff or other law enforcement official; however, doing so requires a formal court order. A tenant can be evicted for numerous reasons, but typically evictions take place where the tenant is in violation of one or more provisions of the lease agreement. Valid reasons for eviction may include illegal or criminal activity taking place within the rental premises.
The following are Florida statutes:
83.51 Landlord's obligation to maintain premises. —
(1) The landlord at all times during the tenancy shall:
(a) Comply with the requirements of applicable building,
housing, and health codes; or
(b) Where there are no applicable building, housing, or
health codes, maintain the roofs, windows, screens, doors,
floors, steps, porches, exterior walls, foundations, and all
other structural components in good repair and capable of
resisting normal forces and loads and the plumbing in
reasonable working condition. However, the landlord shall
not be required to maintain a mobile home or other structure
owned by the tenant.
The landlord's obligations under this subsection may be
altered or modified in writing with respect to a
single-family home or duplex.
(2)
(a) Unless otherwise agreed in writing, in addition to
the requirements of subsection (1), the landlord of a
dwelling unit other than a single-family home or duplex
shall, at all times during the tenancy, make reasonable
provisions for:
1. The extermination of rats, mice, roaches, ants,
wood-destroying organisms, and bedbugs. When vacation of the
premises is required for such extermination, the landlord
shall not be liable for damages but shall abate the rent.
The tenant shall be required to temporarily vacate the
premises for a period of time not to exceed 4 days, on
7 days' written notice, if necessary, for extermination
pursuant to this subparagraph.
2. Locks and keys.
3. The clean and safe condition of common areas.
4. Garbage removal and outside receptacles therefor.
5. Functioning facilities for heat during winter, running
water, and hot water.
(b) Unless otherwise agreed in writing, at the commencement
of the tenancy of a single-family home or duplex, the
landlord shall install working smoke detection devices. As
used in this paragraph, the term "smoke detection device"
means an electrical or battery-operated device which detects
visible or invisible particles of combustion and which is
listed by Underwriters Laboratories, Inc., Factory Mutual
Laboratories, Inc., or any other nationally recognized
testing laboratory using nationally accepted testing
standards.
(c) Nothing in this part authorizes the tenant to raise a
noncompliance by the landlord with this subsection as a
defense to an action for possession under s. 83.59.
(d) This subsection shall not apply to a mobile home owned
by a tenant.
(e) Nothing contained in this subsection prohibits the
landlord from providing in the rental agreement that the
tenant is obligated to pay costs or charges for garbage
removal, water, fuel, or utilities.
(3) If the duty imposed by subsection (1) is the same or
greater than any duty imposed by subsection (2), the
landlord's duty is determined by subsection (1).
(4) The landlord is not responsible to the tenant under this
section for conditions created or caused by the negligent or
wrongful act or omission of the tenant, a member of the
tenant's family, or other person on the premises with the
tenant's consent.
83.52 Tenant's obligation to maintain dwelling unit. —
The tenant at all times during the tenancy shall:
(1) Comply with all obligations imposed upon tenants by
applicable provisions of building, housing, and health
codes.
(2) Keep that part of the premises which he or she occupies
and uses clean and sanitary.
(3) Remove from the tenant's dwelling unit all garbage in a
clean and sanitary manner.
(4) Keep all plumbing fixtures in the dwelling unit or used
by the tenant clean and sanitary and in repair.
(5) Use and operate in a reasonable manner all electrical,
plumbing, sanitary, heating, ventilating, air-conditioning
and other facilities and appliances, including elevators.
(6) Not destroy, deface, damage, impair, or remove any
part of the premises or property therein belonging to the
landlord nor permit any person to do so.
(7) Conduct himself or herself, and require other persons on
the premises with his or her consent to conduct themselves,
in a manner that does not unreasonably disturb the tenant's
neighbors or constitute a breach of the peace.
83.55 Right of action for damages. —
If either the landlord or the tenant fails to comply with
the requirements of the rental agreement or this part, the
aggrieved party may recover the damages caused by the
noncompliance.
83.56 Termination of rental agreement. —
(1) If the landlord materially fails to comply with
s. 83.51 (1) or material provisions of the rental agreement
within 7 days after delivery of written notice by the tenant
specifying the noncompliance and indicating the intention of
the tenant to terminate the rental agreement by reason
thereof, the tenant may terminate the rental agreement. If
the failure to comply with s. 83.51 (1) or material
provisions of the rental agreement is due to causes beyond
the control of the landlord and the landlord has made and
continues to make every reasonable effort to correct the
failure to comply, the rental agreement may be terminated or
altered by the parties, as follows:
(a) If the landlord's failure to comply renders the dwelling
unit untenantable and the tenant vacates, the tenant shall
not be liable for rent during the period the dwelling unit
remains uninhabitable.
(b) If the landlord's failure to comply does not render the
dwelling unit untenantable and the tenant remains in
occupancy, the rent for the period of noncompliance shall be
reduced by an amount in proportion to the loss of rental
value caused by the noncompliance.
(2) If the tenant materially fails to comply with s. 83.52
or material provisions of the rental agreement, other than a
failure to pay rent, or reasonable rules or regulations, the
landlord may:
(a) If such noncompliance is of a nature that the tenant
should not be given an opportunity to cure it or if the
noncompliance constitutes a subsequent or continuing
noncompliance within 12 months of a written warning by the
landlord of a similar violation, deliver a written notice to
the tenant specifying the noncompliance and the landlord's
intent to terminate the rental agreement by reason thereof.
Examples of noncompliance which are of a nature that the
tenant should not be given an opportunity to cure include,
but are not limited to, destruction, damage, or misuse of
the landlord's or other tenants' property by intentional act
or a subsequent or continued unreasonable disturbance. In
such event, the landlord may terminate the rental agreement,
and the tenant shall have 7 days from the date that the
notice is delivered to vacate the premises. The notice shall
be adequate if it is in substantially the following form:
You are advised that your lease is terminated effective
immediately. You shall have 7 days from the delivery of this
letter to vacate the premises. This action is taken because
__(cite the noncompliance)__.
(b) If such noncompliance is of a nature that the tenant
should be given an opportunity to cure it, deliver a written
notice to the tenant specifying the noncompliance, including
a notice that, if the noncompliance is not corrected
within 7 days from the date the written notice is delivered,
the landlord shall terminate the rental agreement by reason
thereof. Examples of such noncompliance include, but are not
limited to, activities in contravention of the lease or this
act such as having or permitting unauthorized pets, guests,
or vehicles; parking in an unauthorized manner or permitting
such parking; or failing to keep the premises clean and
sanitary. The notice shall be adequate if it is in
substantially the following form:
You are hereby notified that __(cite the noncompliance)__.
Demand is hereby made that you remedy the noncompliance
within 7 days of receipt of this notice or your lease shall
be deemed terminated and you shall vacate the premises upon
such termination. If this same conduct or conduct of a
similar nature is repeated within 12 months, your tenancy is
subject to termination without your being given an
opportunity to cure the noncompliance.
(3) If the tenant fails to pay rent when due and the default
continues for 3 days, excluding Saturday, Sunday, and legal
holidays, after delivery of written demand by the landlord
for payment of the rent or possession of the premises, the
landlord may terminate the rental agreement. Legal holidays
for the purpose of this section shall be court-observed
holidays only. The 3-day notice shall contain a statement in
substantially the following form:
You are hereby notified that you are indebted to me in the
sum of _____ dollars for the rent and use of the premises
__(address of leased premises, including county)__,
Florida, now occupied by you and that I demand payment of
the rent or possession of the premises within 3 days
(excluding Saturday, Sunday, and legal holidays) from the
date of delivery of this notice, to wit: on or before the
_____ day of _____, __(year)__.
__(landlord's name, address and phone number)__
(4) The delivery of the written notices required by
subsections (1), (2), and (3) shall be by mailing or
delivery of a true copy thereof or, if the tenant is absent
from the premises, by leaving a copy thereof at the
residence.
(5) If the landlord accepts rent with actual knowledge of a
noncompliance by the tenant or accepts performance by the
tenant of any other provision of the rental agreement that
is at variance with its provisions, or if the tenant pays
rent with actual knowledge of a noncompliance by the
landlord or accepts performance by the landlord of any other
provision of the rental agreement that is at variance with
its provisions, the landlord or tenant waives his or her
right to terminate the rental agreement or to bring a civil
action for that noncompliance, but not for any subsequent or
continuing noncompliance. Any tenant who wishes to defend
against an action by the landlord for possession of the unit
for noncompliance of the rental agreement or of relevant
statutes shall comply with the provisions in s. 83.60 (2).
The court may not set a date for mediation or trial unless
the provisions of s. 83.60 (2) have been met, but shall enter
a default judgment for removal of the tenant with a writ of
possession to issue immediately if the tenant fails to
comply with s. 83.60 (2). This subsection does not apply to
that portion of rent subsidies received from a local, state,
or national government or an agency of local, state, or
national government; however, waiver will occur if an action
has not been instituted within 45 days of the noncompliance.
(6) If the rental agreement is terminated, the landlord
shall comply with s. 83.49 (3).
83.57 Termination of tenancy without specific term. —
A tenancy without a specific duration, as defined in
s. 83.46 (2) or (3), may be terminated by either party giving
written notice in the manner provided in s. 83.56 (4), as
follows:
(1) When the tenancy is from year to year, by giving not
less than 60 days' notice prior to the end of any annual
period;
(2) When the tenancy is from quarter to quarter, by giving
not less than 30 days' notice prior to the end of any
quarterly period;
(3) When the tenancy is from month to month, by giving not
less than 15 days' notice prior to the end of any monthly
period; and
(4) When the tenancy is from week to week, by giving not
less than 7 days' notice prior to the end of any weekly
period.
83.575 Termination of tenancy with specific duration. —
(1) A rental agreement with a specific duration may contain
a provision requiring the tenant to notify the landlord
before vacating the premises at the end of the rental
agreement; however, a rental agreement may not require more
than 60 days' notice before vacating the premises.
(2) A rental agreement with a specific duration may provide
that if a tenant fails to give the required notice before
vacating the premises at the end of the rental agreement,
the tenant may be liable for liquidated damages as specified
in the rental agreement if the landlord provides written
notice to the tenant specifying the tenant's obligations
under the notification provision contained in the lease and
the date the rental agreement is terminated. The landlord
must provide such written notice to the tenant within
15 days before the start of the notification period
contained in the lease. The written notice shall list all
fees, penalties, and other charges applicable to the tenant
under this subsection.
(3) If the tenant remains on the premises with the
permission of the landlord after the rental agreement has
terminated and fails to give notice required under
s. 83.57 (3), the tenant is liable to the landlord for an
additional 1 month's rent.
83.59 Right of action for possession. —
(1) If the rental agreement is terminated and the tenant
does not vacate the premises, the landlord may recover
possession of the dwelling unit as provided in this section.
(2) A landlord, the landlord's attorney, or the landlord's
agent, applying for the removal of a tenant shall file in
the county court of the county where the premises are
situated a complaint describing the dwelling unit and
stating the facts that authorize its recovery. A landlord's
agent is not permitted to take any action other than the
initial filing of the complaint, unless the landlord's agent
is an attorney. The landlord is entitled to the summary
procedure provided in s. 51.011 [F.S. 1971], and the court
shall advance the cause on the calendar.
(3) The landlord shall not recover possession of a dwelling
unit except:
(a) In an action for possession under subsection (2) or
other civil action in which the issue of right of possession
is determined;
(b) When the tenant has surrendered possession of the
dwelling unit to the landlord;
(c) When the tenant has abandoned the dwelling unit. In the
absence of actual knowledge of abandonment, it shall be
presumed that the tenant has abandoned the dwelling unit if
he or she is absent from the premises for a period of time
equal to one-half the time for periodic rental
payments. However, this presumption does not apply if the
rent is current or the tenant has notified the landlord, in
writing, of an intended absence; or
(d) When the last remaining tenant of a dwelling unit is
deceased, personal property remains on the premises, rent is
unpaid, at least 60 days have elapsed following the date of
death, and the landlord has not been notified in writing of
the existence of a probate estate or of the name and address
of a personal representative. This paragraph does not apply
to a dwelling unit used in connection with a federally
administered or regulated housing program, including
programs under s. 202, s. 221(d)(3) and (4), s. 236, or s. 8
of the National Housing Act, as amended.
(4) The prevailing party is entitled to have judgment for
costs and execution therefor.
83.595 Choice of remedies upon breach or early
termination by tenant. —
If the tenant breaches the rental agreement for the dwelling
unit and the landlord has obtained a writ of possession, or
the tenant has surrendered possession of the dwelling unit
to the landlord, or the tenant has abandoned the dwelling
unit, the landlord may:
(1) Treat the rental agreement as terminated and retake
possession for his or her own account, thereby terminating
any further liability of the tenant;
(2) Retake possession of the dwelling unit for the account
of the tenant, holding the tenant liable for the difference
between the rent stipulated to be paid under the rental
agreement and what the landlord is able to recover from a
reletting. If the landlord retakes possession, the landlord
has a duty to exercise good faith in attempting to relet the
premises, and any rent received by the landlord as a result
of the reletting must be deducted from the balance of rent
due from the tenant. For purposes of this subsection, the
term "good faith in attempting to relet the premises" means
that the landlord uses at least the same efforts to relet
the premises as were used in the initial rental or at least
the same efforts as the landlord uses in attempting to rent
other similar rental units but does not require the landlord
to give a preference in renting the premises over other
vacant dwelling units that the landlord owns or has the
responsibility to rent;
(3) Stand by and do nothing, holding the lessee liable for
the rent as it comes due; or
(4) Charge liquidated damages, as provided in the rental
agreement, or an early termination fee to the tenant if the
landlord and tenant have agreed to liquidated damages or an
early termination fee, if the amount does not exceed 2 months'
rent, and if, in the case of an early termination fee, the
tenant is required to give no more than 60 days' notice, as
provided in the rental agreement, prior to the proposed date
of early termination. This remedy is available only if the
tenant and the landlord, at the time the rental agreement
was made, indicated acceptance of liquidated damages or an
early termination fee. The tenant must indicate acceptance
of liquidated damages or an early termination fee by signing
a separate addendum to the rental agreement containing a
provision in substantially the following form:
[ ] I agree, as provided in the rental agreement, to pay
$_____ (an amount that does not exceed 2 months' rent) as
liquidated damages or an early termination fee if I elect to
terminate the rental agreement, and the landlord waives the
right to seek additional rent beyond the month in which the
landlord retakes possession.
[ ] I do not agree to liquidated damages or an early
termination fee, and I acknowledge that the landlord may
seek damages as provided by law.
(a) In addition to liquidated damages or an early
termination fee, the landlord is entitled to the rent and
other charges accrued through the end of the month in which
the landlord retakes possession of the dwelling unit and
charges for damages to the dwelling unit.
(b) This subsection does not apply if the breach is failure
to give notice as provided in s. 83.575.
83.62 Restoration of possession to landlord. —
(1) In an action for possession, after entry of judgment in
favor of the landlord, the clerk shall issue a writ to the
sheriff describing the premises and commanding the sheriff
to put the landlord in possession after 24 hours' notice
conspicuously posted on the premises.
(2) At the time the sheriff executes the writ of possession
or at any time thereafter, the landlord or the landlord's
agent may remove any personal property found on the premises
to or near the property line. Subsequent to executing the
writ of possession, the landlord may request the sheriff to
stand by to keep the peace while the landlord changes the
locks and removes the personal property from the
premises. When such a request is made, the sheriff may
charge a reasonable hourly rate, and the person requesting
the sheriff to stand by to keep the peace shall be
responsible for paying the reasonable hourly rate set by the
sheriff. Neither the sheriff nor the landlord or the
landlord's agent shall be liable to the tenant or any other
party for the loss, destruction, or damage to the property
after it has been removed.
83.681 Orders to enjoin violations of this part. —
(1) A landlord who gives notice to a tenant of the
landlord's intent to terminate the tenant's lease pursuant
to s. 83.56 (2)(a), due to the tenant's intentional
destruction, damage, or misuse of the landlord's property
may petition the county or circuit court for an injunction
prohibiting the tenant from continuing to violate any of the
provisions of that part.
(2) The court shall grant the relief requested pursuant to
subsection (1) in conformity with the principles that govern
the granting of injunctive relief from threatened loss or
damage in other civil cases.
(3) Evidence of a tenant's intentional destruction, damage,
or misuse of the landlord's property in an amount greater
than twice the value of money deposited with the landlord
pursuant to s. 8349 or $300, whichever is greater, shall
constitute irreparable harm for the purposes of injunctive
relief.
932.703 Forfeiture of contraband article; exceptions. —
(1)
(a) Any contraband article, vessel, motor vehicle,
aircraft, other personal property, or real property used in
violation of any provision of the Florida Contraband
Forfeiture Act, or in, upon, or by means of which any
violation of the Florida Contraband Forfeiture Act has taken
or is taking place, may be seized and shall be forfeited
subject to the provisions of the Florida Contraband
Forfeiture Act.
(b) Notwithstanding any other provision of the Florida
Contraband Forfeiture Act, except the provisions of
paragraph (a), contraband articles set forth in
s. 932.701 (2)(a)7. used in violation of any provision of the
Florida Contraband Forfeiture Act, or in, upon, or by means
of which any violation of the Florida Contraband Forfeiture
Act has taken or is taking place, shall be seized and shall
be forfeited subject to the provisions of the Florida
Contraband Forfeiture Act.
(c) All rights to, interest in, and title to contraband
articles used in violation of s. 932.702 shall immediately
vest in the seizing law enforcement agency upon seizure.
(d) The seizing agency may not use the seized property for
any purpose until the rights to, interest in, and title to
the seized property are perfected in accordance with the
Florida Contraband Forfeiture Act. This section does not
prohibit use or operation necessary for reasonable
maintenance of seized property. Reasonable efforts shall be
made to maintain seized property in such a manner as to
minimize loss of value.
(2)
(a) Personal property may be seized at the time of the
violation or subsequent to the violation, if the person
entitled to notice is notified at the time of the seizure or
by certified mail, return receipt requested, that there is a
right to an adversarial preliminary hearing after the
seizure to determine whether probable cause exists to
believe that such property has been or is being used in
violation of the Florida Contraband Forfeiture Act. Seizing
agencies shall make a diligent effort to notify the person
entitled to notice of the seizure. Notice provided by
certified mail must be mailed within 5 working days after
the seizure and must state that a person entitled to notice
may request an adversarial preliminary hearing within 15 days
after receiving such notice. When a postseizure, adversarial
preliminary hearing as provided in this section is desired,
a request must be made in writing by certified mail, return
receipt requested, to the seizing agency. The seizing agency
shall set and notice the hearing, which must be held within
10 days after the request is received or as soon as
practicable thereafter.
(b) Real property may not be seized or restrained, other
than by lis pendens, subsequent to a violation of the
Florida Contraband Forfeiture Act until the persons entitled
to notice are afforded the opportunity to attend the
preseizure adversarial preliminary hearing. A lis pendens
may be obtained by any method authorized by law. Notice of
the adversarial preliminary hearing shall be by certified
mail, return receipt requested. The purpose of the
adversarial preliminary hearing is to determine whether
probable cause exists to believe that such property has been
used in violation of the Florida Contraband Forfeiture Act.
The seizing agency shall make a diligent effort to notify
any person entitled to notice of the seizure. The preseizure
adversarial preliminary hearing provided herein shall be
held within 10 days of the filing of the lis pendens or as
soon as practicable.
(c) When an adversarial preliminary hearing is held, the
court shall review the verified affidavit and any other
supporting documents and take any testimony to determine
whether there is probable cause to believe that the property
was used, is being used, was attempted to be used, or was
intended to be used in violation of the Florida Contraband
Forfeiture Act. If probable cause is established, the court
shall authorize the seizure or continued seizure of the
subject contraband. A copy of the findings of the court
shall be provided to any person entitled to notice.
(d) If the court determines that probable cause exists to
believe that such property was used in violation of the
Florida Contraband Forfeiture Act, the court shall order the
property restrained by the least restrictive means to
protect against disposal, waste, or continued illegal use of
such property pending disposition of the forfeiture
proceeding. The court may order the claimant to post a bond
or other adequate security equivalent to the value of the
property.
(3) Neither replevin nor any other action to recover any
interest in such property shall be maintained in any court,
except as provided in this act; however, such action may be
maintained if forfeiture proceedings are not initiated
within 45 days after the date of seizure. However, if good
cause is shown, the court may extend the aforementioned
prohibition to 60 days.
(4) In any incident in which possession of any contraband
article defined in s. 932.701 (2)(a) constitutes a felony,
the vessel, motor vehicle, aircraft, other personal
property, or real property in or on which such contraband
article is located at the time of seizure shall be
contraband subject to forfeiture. It shall be presumed in
the manner provided in s. 90.302 (2) that the vessel, motor
vehicle, aircraft, other personal property, or real property
in which or on which such contraband article is located at
the time of seizure is being used or was attempted or
intended to be used in a manner to facilitate the
transportation, carriage, conveyance, concealment, receipt,
possession, purchase, sale, barter, exchange, or giving away
of a contraband article defined in s. 932.701 (2).
(5) The court shall order the forfeiture of any other
property of a claimant, excluding lienholders, up to the
value of any property subject to forfeiture under this
section if any of the property described in this section:
(a) Cannot be located;
(b) Has been transferred to, sold to, or deposited with, a
third party;
(c) Has been placed beyond the jurisdiction of the court;
(d) Has been substantially diminished in value by any act or
omission of the person in possession of the property; or
(e) Has been commingled with any property which cannot be
divided without difficulty.
(6)
(a) Property may not be forfeited under the Florida
Contraband Forfeiture Act unless the seizing agency
establishes by a preponderance of the evidence that the
owner either knew, or should have known after a reasonable
inquiry, that the property was being employed or was likely
to be employed in criminal activity.
(b) A bona fide lienholder's interest that has been
perfected in the manner prescribed by law prior to the
seizure may not be forfeited under the Florida Contraband
Forfeiture Act unless the seizing agency establishes by a
preponderance of the evidence that the lienholder had actual
knowledge, at the time the lien was made, that the property
was being employed or was likely to be employed in criminal
activity. If a lienholder's interest is not subject to
forfeiture under the requirements of this section, such
interest shall be preserved by the court by ordering the
lienholder's interest to be paid as provided in s. 932.7055.
(c) Property titled or registered between husband and wife
jointly by the use of the conjunctives "and," "and/or," or
"or," in the manner prescribed by law prior to the seizure,
may not be forfeited under the Florida Contraband Forfeiture
Act unless the seizing agency establishes by a preponderance
of the evidence that the coowner either knew or had reason
to know, after reasonable inquiry, that such property was
employed or was likely to be employed in criminal activity.
(d) A vehicle that is rented or leased from a company
engaged in the business of renting or leasing vehicles,
which vehicle was rented or leased in the manner prescribed
by law prior to the seizure, may not be forfeited under the
Florida Contraband Forfeiture Act, and no fine, penalty, or
administrative charge, other than reasonable and customary
charges for towing and storage, shall be imposed by any
governmental agency on the company which rented or leased
the vehicle, unless the seizing agency establishes by
preponderance of the evidence that the renter or lessor had
actual knowledge, at the time the vehicle was rented or
leased, that the vehicle was being employed or was likely to
be employed in criminal activity. When a vehicle that is
rented or leased from a company engaged in the business of
renting or leasing vehicles is seized under the Florida
Contraband Forfeiture Act, upon learning the address or
phone number of the company, the seizing law enforcement
agency shall, as soon as practicable, inform the company
that the vehicle has been seized and is available for the
company to take possession upon payment of the reasonable
and customary charges for towing and storage.
(7) Any interest in, title to, or right to property titled
or registered jointly by the use of the conjunctives "and,"
"and/or," or "or" held by a coowner, other than property
held jointly between husband and wife, may not be forfeited
unless the seizing agency establishes by a preponderance of
the evidence that the coowner either knew, or had reason to
know, after reasonable inquiry, that the property was
employed or was likely to be employed in criminal activity.
When the interests of each culpable coowner are forfeited,
any remaining coowners shall be afforded the opportunity to
purchase the forfeited interest in, title to, or right to
the property from the seizing law enforcement agency. If any
remaining coowner does not purchase such interest, the
seizing agency may hold the property in coownership, sell
its interest in the property, liquidate its interest in the
property, or dispose of its interest in the property in any
other reasonable manner.
(8) It is an affirmative defense to a forfeiture proceeding
that the nexus between the property sought to be forfeited
and the commission of any underlying violation was
incidental or entirely accidental. The value of the property
sought to be forfeited in proportion to any other factors
must not be considered in any determination as to this
affirmative defense.
893.1351 Ownership, lease, rental, or possession for
trafficking in or manufacturing a controlled substance. —
(1) A person may not own, lease, or rent any place,
structure, or part thereof, trailer, or other conveyance
with the knowledge that the place, structure, trailer, or
conveyance will be used for the purpose of trafficking in a
controlled substance, as provided in s. 893.135; for the
sale of a controlled substance, as provided in s. 893.13; or
for the manufacture of a controlled substance intended for
sale or distribution to another. A person who violates this
subsection commits a felony of the third degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) A person may not knowingly be in actual or constructiveable
possession of any place, structure, or part thereof,
trailer, or other conveyance with the knowledge that the
place, structure, or part thereof, trailer, or conveyance
will be used for the purpose of trafficking in a controlled
substance, as provided in s. 893.135; for the sale of a
controlled substance, as provided in s. 893.13; or for the
manufacture of a controlled substance intended for sale or
distribution to another. A person who violates this
subsection commits a felony of the second degree, punish
as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) A person who is in actual or constructive possession of
a place, structure, trailer, or conveyance with the
knowledge that the place, structure, trailer, or conveyance
is being used to manufacture a controlled substance intended
for sale or distribution to another and who knew or should
have known that a minor is present or resides in the place,
structure, trailer, or conveyance commits a felony of the
first degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084.
(4) For the purposes of this section, proof of the
possession of 25 or more cannabis plants constitutes prima
facie evidence that the cannabis is intended for sale or
distribution.
893.138 Local administrative action to abate drug-related,
prostitution-related, or stolen-property-related public
nuisances and criminal gang activity. —
(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; or
(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 propertymay be declared to be a public nuisance, and such nuisance
may be abated pursuant to the procedures provided in this
section.
(3) 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).
(4) 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.
(5) An order entered under subsection (4) shall expire
after 1 year or at such earlier time as is stated in the
order.
(6) An order entered under subsection (4) 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.
(7) The board may bring a complaint under s. 60.05 seeking
temporary and permanent injunctive relief against any
nuisance described in subsection (2).
(8) This section does not restrict the right of any person
to proceed under s. 60.05 against any public nuisance.
(9) 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.
(10) 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.
