"Nuisance Abatement: How a Governmental Board Can Impact Negligent Security Claims."
In an article published May 28, 2024 in Law.com’s Daily Business Review, Catherine Moussa discusses Florida’s statute allowing local and county governments to establish nuisance abatement boards and their potential impact on business owners.
“Florida Statute Section 893.138 authorizes local and county governments to form a nuisance abatement board to promote, protect, and improve the safety and welfare of its citizens against properties that intentionally or otherwise allow these types of crimes to occur at their premises. Nuisance activities include the recurring sale or possession of narcotics, gang activity, prostitution, murder and aggravated assault with a weapon, to name a few,” says Moussa. “Typically, local police and sheriff’s offices attempt to work with these properties to reduce crime before deciding to bring the issue in front of the board. If a property is brought before the board, that board can deem the property a nuisance based on the evidence presented and impose a variety of requirements on the property owner to reduce the crime occurring there.”
Moussa goes on to explain, “How does this relate to a negligent security lawsuit between an injured person and the property owner? If the property is or was subject to a nuisance abatement board order close enough in time to the incident that caused the lawsuit, the board activity on its own may prevent the property owner’s access to one of the most common defenses to these claims: lack of foreseeability of the crime.”
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