Florida Senate - 2024                      CS for CS for SB 1530
       
       
        
       By the Committees on Fiscal Policy; and Judiciary; and Senator
       Martin
       
       
       
       
       594-03654-24                                          20241530c2
    1                        A bill to be entitled                      
    2         An act relating to unauthorized public camping and
    3         public sleeping; creating s. 125.0231, F.S.; defining
    4         terms; prohibiting counties and municipalities from
    5         authorizing or otherwise allowing public camping or
    6         sleeping on public property without certification of
    7         designated public property by the Department of
    8         Children and Families; authorizing counties to
    9         designate certain public property for such uses for a
   10         specified time period; requiring the Department of
   11         Children and Families to certify such designation;
   12         requiring a county to submit a request to the
   13         secretary of the department which includes
   14         certification of and documentation proving certain
   15         information; requiring counties to establish specified
   16         standards and procedures relating to such property;
   17         authorizing the department to conduct inspections of
   18         such property and the secretary to issue notice;
   19         providing applicability; providing an exception to
   20         applicability during specified emergencies; providing
   21         a declaration of important state interest; providing
   22         an effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Section 125.0231, Florida Statutes, is created
   27  to read:
   28         125.0231 Public camping and public sleeping.—
   29         (1) As used in this section, the term:
   30         (a) “Department” means the Department of Children and
   31  Families.
   32         (b) “Public camping or sleeping” means lodging or residing
   33  overnight in a temporary outdoor habitation used as a dwelling
   34  or living space and evidenced by the erection of a tent or other
   35  temporary shelter, the presence of bedding or pillows, or the
   36  storage of personal belongings, or means lodging or residing
   37  overnight in an outdoor space without a tent or other temporary
   38  shelter. The term does not include:
   39         1. Lodging or residing overnight in a motor vehicle that is
   40  registered, insured, and located in a place where it may
   41  lawfully be.
   42         2. Camping for recreational purposes on property designated
   43  for such purposes.
   44         (2) Except as provided in subsection (3), a county or
   45  municipality may not authorize or otherwise allow any person to
   46  regularly engage in public camping or sleeping on any public
   47  property, including, but not limited to, any public building or
   48  its grounds and any public right-of-way under the jurisdiction
   49  of the county or municipality, as applicable.
   50         (3) A county may, by majority vote of the county’s
   51  governing body, designate property owned by the county or a
   52  municipality within the boundaries of the county to be used for
   53  a continuous period of no longer than 1 year for the purposes of
   54  public camping or sleeping. If the designated property is within
   55  the boundaries of a municipality, the designation is contingent
   56  upon the concurrence of the municipality, by majority vote of
   57  the municipality’s governing body.
   58         (a) A county designation is not effective until the
   59  department certifies the designation. To obtain department
   60  certification, the county shall submit a request to the
   61  secretary of the department which shall include certification
   62  of, and documentation proving, the following:
   63         1. There are not sufficient open beds in homeless shelters
   64  in the county for the homeless population of the county;
   65         2. The designated property is not contiguous to property
   66  designated for residential use by the county or municipality in
   67  the local government comprehensive plan and future land use map;
   68         3. The designated property would not adversely and
   69  materially affect the property value or safety and security of
   70  other existing residential or commercial property in the county
   71  or municipality and would not negatively affect the safety of
   72  children; and
   73         4. The county has developed a plan to satisfy the
   74  requirements of paragraph (b).
   75  
   76  Upon receipt of a county request to certify a designation, the
   77  department shall notify the county of the date of receiving the
   78  request, and of any omission or error, within 10 days of receipt
   79  by the department. The department shall certify the designation
   80  within 45 days of receipt of a complete submission from the
   81  county, and the designation shall be deemed certified on the
   82  45th day if the department takes no action.
   83         (b) Except as provided in paragraph (e), if a county
   84  designates county or municipal property to be used for public
   85  camping or public sleeping, it must establish and maintain
   86  minimum standards and procedures related to the designated
   87  property for the purposes of:
   88         1. Ensuring the safety and security of the designated
   89  property and the persons lodging or residing on such property.
   90         2. Maintaining sanitation, which must include, at a
   91  minimum, providing access to clean and operable restrooms and
   92  running water.
   93         3. Coordinating with the regional managing entity to
   94  provide access to behavioral health services, which must include
   95  substance abuse and mental health treatment resources.
   96         4. Prohibiting illegal substance use and alcohol use on the
   97  designated property and enforcing such prohibition.
   98         (c) Within 30 days after certification of a designation by
   99  the department, the county must publish the minimum standards
  100  and procedures required under paragraph (b) on the county’s and,
  101  if applicable, the municipality’s publicly accessible websites.
  102  The county and municipality must continue to make such policies
  103  and procedures publicly available for as long as any county or
  104  municipal property remains designated under paragraph (a).
  105         (d) The department may inspect any designated property at
  106  any time, and the secretary may provide notice to the county
  107  recommending closure of the designated property if the
  108  requirements of this section are no longer satisfied. A county,
  109  and municipality, if applicable, must publish any such notice
  110  issued by the department on the county’s and municipality’s
  111  publicly accessible websites within 5 business days of receipt
  112  of the notice.
  113         (e) A fiscally constrained county is exempt from the
  114  requirement to establish and maintain minimum standards and
  115  procedures under subparagraphs (b)1.-3. if the governing board
  116  of the county makes a finding that compliance with such
  117  requirements would result in a financial hardship.
  118         (4)(a) A resident of the county, an owner of a business
  119  located in the county, or the Attorney General may bring a civil
  120  action in any court of competent jurisdiction against the county
  121  or applicable municipality to enjoin a violation of subsection
  122  (2). If the resident or business owner prevails in a civil
  123  action, the court may award reasonable expenses incurred in
  124  bringing the civil action, including court costs, reasonable
  125  attorney fees, investigative costs, witness fees, and deposition
  126  costs.
  127         (b) An application for injunction filed pursuant to this
  128  subsection must be accompanied by an affidavit attesting that:
  129         1. The applicant has provided written notice of the alleged
  130  violation of subsection (2) to the governing board of the county
  131  or applicable municipality.
  132         2. The applicant has provided the county or applicable
  133  municipality with 5 business days to cure the alleged violation.
  134         3. The county or applicable municipality has failed to take
  135  all reasonable actions within the limits of its governmental
  136  authority to cure the alleged violation within 5 business days
  137  after receiving written notice of the alleged violation.
  138         (5) This section does not apply to a county during any time
  139  period in which:
  140         (a) The Governor has declared a state of emergency in the
  141  county or another county immediately adjacent to the county and
  142  has suspended the provisions of this section pursuant to s.
  143  252.36.
  144         (b) A state of emergency has been declared in the county
  145  under chapter 870.
  146         Section 2. The Legislature hereby determines and declares
  147  that this act fulfills an important state interest of ensuring
  148  the health, safety, welfare, quality of life, and aesthetics of
  149  Florida communities while simultaneously making adequate
  150  provision for the homeless population of this state.
  151         Section 3. This act shall take effect October 1, 2024.