CopyCited 7 times | Published | Supreme Court of Florida | 2001 WL 776555
...3d DCA 1998). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We have consolidated these cases for review. The question posed by these cases is whether temporary closures ordered by nuisance abatement boards to abate public nuisances as defined by section 893.138(1), Florida Statutes (1995), and the corresponding city code provisions constitute compensable takings....
...he drug nuisance found to exist at the property. Based on the foregoing, we approve the decisions reached in Keshbro and Kablinger. It is so ordered. WELLS, C.J., and HARDING, ANSTEAD, PARIENTE, and LEWIS, JJ., concur. QUINCE, J., recused. NOTES [1] Section 893.138(2), Florida Statutes (1995), provides the authority for municipalities and counties to create nuisance abatement boards: Any county or municipality may, by ordinance, create an administrative board to hear complaints regarding the nuisances described in subsection (1)....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1996 WL 267733
...owen alleging that The Lorraine Apartments constituted a nuisance by virtue of the purported use of drugs by tenants and other persons at the property. No unlawful activity on the part of Bowen was alleged. The City's complaint was filed pursuant to section 893.138, Florida Statutes (1991) and the City's enabling ordinance which substantially tracks the statute. See 19-66 to 19-71, St. Petersburg City Code. Section 893.138 provides as follows: *628 (1) Any place or premises that has been used on more than two occasions, within a 6-month period, as the site of the unlawful sale or delivery of controlled substances or as the site of a violation of s....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2002 Fla. App. LEXIS 4289, 2002 WL 491446
...28, 2000, the City of Sarasota filed a complaint with the Nuisance Board, alleging that ongoing illegal drug activity at the subject apartment complex constituted a public nuisance in violation of a series of city ordinances promulgated pursuant to section 893.138, Florida Statutes (2000)....
...es set forth in the Nuisance Board's order. Having determined that the $7500 fine requested by the City was unauthorized, the Nuisance Board instead directed Maple Manor to pay a $5000 fine. The fine was calculated, as provided by the ordinances and section 893.138(10), at the maximum rate of $500 per day for ten days....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1998 WL 618080
...be nuisances. See Atkinson v. Powledge,
123 Fla. 389,
167 So. 4 (1936); King v. State,
17 Fla. 183 (1879). As a consequence, we reverse the summary judgment in favor of the owners and remand for further proceedings consistent herewith. NOTES [1] 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....
...g, 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....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2003 WL 22335088
...ce because at the time the warrant was served the tenant was in the process of moving out. The tenant was never arrested or prosecuted. On November 1, 2001, the city of Sarasota brought a nuisance abatement action against the petitioners pursuant to section 893.138, Florida Statutes (2001)....
...revealed to them. The nuisance board held a hearing on the nuisance abatement action. At this hearing, a police officer testified about the three controlled purchases of narcotics, which formed a predicate for the nuisance board's jurisdiction under section 893.138 and the Sarasota City Code provisions enacted pursuant to it....
...2d DCA 2002), binding precedent of this court, when reaching its decision. In Maple Manor, this court found that "an adequate opportunity to voluntarily abate [a] nuisance" had to be afforded to a property owner before penalties are imposed against that property owner pursuant to city ordinances *328 promulgated under section 893.138....
...VILLANTI, Judge, Specially concurring. I concur in the majority's opinion but write to note that the nuisance board was not required to declare the petitioners' property a nuisance; it could have exercised its discretion to decline to do so after the hearing. See § 893.138(3), Fla. Stat. (2001) (permitting, but not requiring, a nuisance abatement board to declare premises a nuisance after an evidentiary hearing). 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. § 893.138(1)....
...When a nuisance action is brought based on law enforcement's decision to use a private residence for repeated controlled drug buys, a nuisance board should carefully consider the innocence of the property owner before declaring the property a public nuisance and imposing sanctions under section 893.138.
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2006 WL 2614263
...considering the *7 procedural due process prong of its analysis. 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....
...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)....
...a proffer of the excluded evidence. In the circuit court certiorari review proceeding, the Powells argued that those refusals denied them procedural due process. The circuit court rejected this claim. In so doing, it failed to apply the correct law. Section 893.138(3) provides that in a nuisance abatement proceeding the property owner "shall have an opportunity to present evidence in his or her defense[.]" The Equal Protection Clause prohibits selective enforcement of the law based on considerations such as race....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1999 Fla. App. LEXIS 4654, 1999 WL 211829
...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. [1] 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....
...nces that were materially indistinguishable from those in this case. Accordingly, we affirm the partial summary judgment. Recently, however, the Third District considered a case involving similar facts and a similar ordinance promulgated pursuant to section 893.138....
CopyPublished | District Court, M.D. Florida | 1995 U.S. Dist. LEXIS 9050, 1995 WL 388024
...The gravamen of Plaintiff's Amended Complaint is that the City of St. Petersburg via its Nuisance Abatement Board (the *1027 "Board") targeted Plaintiff's motel (the "Siesta Motel") as an undesirable establishment and declared it a public nuisance pursuant to Florida Statute § 893.138 [1] and City of St....
...e-court judicial review proceedings. Ohio Civil Rights Comm'n,
477 U.S. at 629,
106 S.Ct. at 2724. In the instant case, the issue of drugs and the ability of local governments to control them via Nuisance Abatement Boards pursuant to Florida Statute §
893.138 constitutes an important state interest....
...(d) Defendants' Motion to Strike Plaintiff's Response to Defendants' Notice of Supplemental Authority, Plaintiff's Request for Judicial Notice and Plaintiff's Motion to Strike Defendants' Notice of Supplemental Authority (Doc. No. 51, filed March 21, 1995) is DENIED AS MOOT. DONE AND ORDERED. NOTES [1] 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....
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 3844, 1996 WL 180038
...Orlando Mesa, Manuela Mesa and The Camelot Inn (⅛⅞/a The Metro Motel) [petitioners] petition for certiorari review of the circuit court’s denial of relief from an order entered by the respondent, City of Miami Nuisance Abatement Board [Board]. We deny their petition. By section 893.138(2), Florida Statutes (1995), the legislature has authorized the various counties and municipalities of the state to create an administrative board to hear and take action on complaints regarding certain nuisances....
...iction for the period of time during which case no. 95-101AP had been pending, or until February 9, 1997. The Board apparently was operating under the belief that it needed to take this action in order to keep its closure order effective in light of section 893.138(4), Florida Statutes (1995) (“An order entered under subsection (3) shall expire after 1 year or at such earlier time as is stated in the order.”) and section 45.5-5(e), Code of Miami, FI....
...o take place within one year; and (2) the Board denied them due process when it entered the modifying order without giving them notice and opportunity to be heard. 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....
