Florida Senate - 2024 CS for SB 1530
By the Committee on Judiciary; and Senator Martin
590-02929-24 20241530c1
1 A bill to be entitled
2 An act relating to unauthorized public camping and
3 public sleeping; creating ss. 125.0231 and 166.0453,
4 F.S.; defining the terms “public camping” and “public
5 sleeping”; prohibiting counties and municipalities,
6 respectively, from authorizing or otherwise permitting
7 public sleeping or public camping on public property
8 without a specified permit; authorizing counties and
9 municipalities to designate certain public property
10 for such purpose for a specified time period;
11 requiring counties and municipalities to establish
12 specified standards and procedures relating to such
13 property; requiring a county to take certain action
14 within 30 days after designating property as
15 authorized; requiring the Department of Children and
16 Families to conduct inspections of such property at
17 specified intervals and to produce a report; providing
18 an exemption from certain requirements for a fiscally
19 constrained county or municipality; providing a cause
20 of action for a resident or business owner in a county
21 or municipality; requiring an application for
22 injunction be accompanied by an affidavit attesting
23 specified information; providing an exception to
24 applicability during specified emergencies; providing
25 a declaration of important state interest; providing
26 an effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Section 125.0231, Florida Statutes, is created
31 to read:
32 125.0231 Unauthorized public camping and public sleeping.—
33 (1) As used in this section, the term:
34 (a) “Public camping” means lodging or residing overnight in
35 a temporary outdoor habitation used as a dwelling or living
36 space and evidenced by the erection of a tent or other temporary
37 shelter, the presence of bedding or pillows, or the storage of
38 personal belongings. The term does not include lodging or
39 residing overnight in a motor vehicle that is registered,
40 insured, and located in a place where it may lawfully be.
41 (b) “Public sleeping” means lodging or residing overnight
42 in an outdoor space without a tent or other temporary shelter.
43 (2) Except as provided in subsection (3), a county may not
44 authorize or otherwise permit any person to regularly engage in
45 public camping or public sleeping on any public property, public
46 building, or public right-of-way under the county’s
47 jurisdiction, unless such person has been lawfully issued a
48 temporary permit authorizing such activity by the county.
49 (3)(a) A county may, in its discretion, designate property
50 owned by the county to be used for a continuous period of no
51 longer than 1 year for the purpose of public camping or public
52 sleeping. A property designated for such purpose may not be
53 located in an area where such designation would adversely and
54 materially affect the property value or safety and security of
55 other existing residential or commercial property.
56 (b) Except as provided in paragraph (e), if a county
57 designates county property to be used for public camping or
58 public sleeping, it must establish and maintain minimum
59 standards and procedures related to the designated property for
60 the purposes of:
61 1. Ensuring the safety and security of the designated
62 property and the persons lodging or residing on such property.
63 2. Maintaining sanitation, which must include providing
64 access to clean and operable restrooms and running water.
65 3. Coordinating with the local continuum of care to provide
66 access to behavioral health services, which must include
67 substance abuse and mental health treatment resources.
68 4. Prohibiting illegal drug use and alcohol use on the
69 designated property and enforcing such prohibition.
70 (c) Within 30 days after designating county property as
71 authorized in paragraph (a), the county must:
72 1. Provide notice to the Department of Children and
73 Families that property has been designated for such purpose and
74 provide the location of such property.
75 2. Post the minimum standards and procedures required under
76 paragraph (b) to the county’s publicly accessible website. Such
77 policies and procedures must continue to be publicly available
78 as long as any county property remains designated for the
79 purpose authorized in paragraph (a).
80 (d) Within 90 days following the designation of county
81 property as authorized in paragraph (a), and at least once more
82 after 180 days if the property remains so designated, the
83 Department of Children and Families shall inspect the property
84 and issue a report to the county which may include
85 recommendations to assist the county in maintaining the minimum
86 standards and procedures required under paragraph (b). A county
87 must post any inspection report issued pursuant to this
88 paragraph to the county’s publicly accessible website within 5
89 business days after receiving the report.
90 (e) A fiscally constrained county is exempt from the
91 requirement to establish and maintain minimum standards and
92 procedures under subparagraphs (b)1., 2., and 3. if the
93 governing board of the county makes a finding that compliance
94 with such requirements would result in a financial hardship.
95 (4)(a) A resident of the county or an owner of a business
96 located in the county may bring a civil action in any court of
97 competent jurisdiction against the county to enjoin a violation
98 of subsection (2). If the resident or business owner prevails in
99 a civil action, the court may award reasonable expenses incurred
100 in bringing the civil action, including court costs, reasonable
101 attorney fees, investigative costs, witness fees, and deposition
102 costs.
103 (b) An application for injunction filed pursuant to this
104 subsection must be accompanied by an affidavit attesting that:
105 1. The applicant has provided written notice of the alleged
106 violation of subsection (2) to the governing board of the
107 county.
108 2. The applicant has provided the county with 5 business
109 days to cure the alleged violation.
110 3. The county has failed to cure the alleged violation
111 within 5 business days after receiving written notice of the
112 alleged violation.
113 (5) This section does not apply to a county during any time
114 period in which:
115 (a) The Governor has declared a state of emergency in the
116 county or another county immediately adjacent to the county.
117 (b) A state of emergency has been declared in the county
118 under chapter 870.
119 Section 2. Section 166.0453, Florida Statutes, is created
120 to read:
121 166.0453 Unauthorized public camping and public sleeping.—
122 (1) As used in this section, the term:
123 (a) “Public camping” means lodging or residing overnight in
124 a temporary outdoor habitation used as a dwelling or living
125 space and evidenced by the erection of a tent or other temporary
126 shelter, the presence of bedding or pillows, or the storage of
127 personal belongings. The term does not include lodging or
128 residing overnight in a motor vehicle that is registered,
129 insured, and located in a place where it may lawfully be.
130 (b) “Public sleeping” means lodging or residing overnight
131 in an outdoor space without a tent or other temporary shelter.
132 (2) Except as provided in subsection (3), a municipality
133 may not authorize or otherwise permit any person to regularly
134 engage in public camping or public sleeping on any public
135 property, public building, or public right-of-way under the
136 municipality’s jurisdiction, unless such person has been
137 lawfully issued a temporary permit authorizing such activity by
138 the municipality.
139 (3)(a) A municipality may, in its discretion, designate
140 property owned by the municipality to be used for a continuous
141 period of no longer than 1 year for the purpose of public
142 camping or public sleeping. A property designated for such
143 purpose may not be located in an area where such designation
144 would adversely and materially affect the property value or
145 safety and security of other existing residential or commercial
146 property.
147 (b) Except as provided in paragraph (e), if a municipality
148 designates municipal property to be used for public camping or
149 public sleeping, it must establish and maintain minimum
150 standards and procedures related to the designated property for
151 the purposes of:
152 1. Ensuring the safety and security of the designated
153 property and the persons lodging or residing on such property.
154 2. Maintaining sanitation, which must include providing
155 access to clean and operable restrooms and running water.
156 3. Coordinating with the local continuum of care to provide
157 access to behavioral health services, which must include
158 substance abuse and mental health treatment resources.
159 4. Prohibiting illegal drug use and alcohol use on the
160 designated property and enforcing such prohibition.
161 (c) Within 30 days after designating municipal property as
162 authorized in paragraph (a), the municipality must:
163 1. Provide notice to the Department of Children and
164 Families that property has been designated for such purpose and
165 provide the location of such property.
166 2. Post the minimum standards and procedures required under
167 paragraph (b) to the municipality’s publicly accessible website.
168 Such policies and procedures must continue to be publicly
169 available as long as any municipal property remains designated
170 for the purpose authorized in paragraph (a).
171 (d) Within 90 days following the designation of municipal
172 property as authorized in paragraph (a), and at least once more
173 after 180 days if the property remains so designated, the
174 Department of Children and Families shall inspect the property
175 and issue a report to the municipality which may include
176 recommendations to assist the municipality in maintaining the
177 minimum standards and procedures required under paragraph (b). A
178 municipality must post any inspection report issued pursuant to
179 this paragraph to the municipality’s publicly accessible website
180 within 5 business days after receiving the report.
181 (e) A municipality located within a fiscally constrained
182 county is exempt from the requirement to establish and maintain
183 minimum standards and procedures under subparagraphs (b)1., 2.,
184 and 3. if the governing board of the municipality makes a
185 finding that compliance with such requirements would result in a
186 financial hardship.
187 (4)(a) A resident of the municipality or an owner of a
188 business located in the municipality may bring a civil action in
189 any court of competent jurisdiction against the municipality to
190 enjoin a violation of subsection (2). If the resident or
191 business owner prevails in the civil action, the court may award
192 reasonable expenses incurred in bringing the civil action,
193 including court costs, reasonable attorney fees, investigative
194 costs, witness fees, and deposition costs.
195 (b) An application for injunction filed pursuant to this
196 subsection must be accompanied by an affidavit attesting that:
197 1. The applicant has provided written notice of the alleged
198 violation of subsection (2) to the governing board of the
199 municipality.
200 2. The applicant has provided the municipality with 5
201 business days to cure the alleged violation.
202 3. The municipality has failed to cure the alleged
203 violation within 5 business days after receiving written notice
204 of the alleged violation.
205 (5) This section does not apply to a municipality during
206 any time period in which:
207 (a) The Governor has declared a state of emergency in the
208 county in which the municipality is located or another county
209 immediately adjacent to the county in which the municipality is
210 located.
211 (b) A state of emergency has been declared in the county in
212 which the municipality is located under chapter 870.
213 Section 3. The Legislature hereby determines and declares
214 that this act fulfills an important state interest.
215 Section 4. This act shall take effect October 1, 2024.