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.