Senate Bill sb1288

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                                  SB 1288

    By Senator Dawson





    29-930-03

  1                      A bill to be entitled

  2         An act relating to homeless persons; defining

  3         terms; providing for the appointment of shelter

  4         capacity coordinators; requiring the

  5         coordinator to supply certain information to

  6         law enforcement agencies; prohibiting a law

  7         enforcement officer from citing, arresting, or

  8         incarcerating an individual for committing,

  9         under specified circumstances, certain

10         life-sustaining acts that would ordinarily

11         constitute misdemeanors; allowing officers to

12         enforce certain other laws or misdemeanors and

13         to require an individual to submit to an

14         involuntary examination as specified; providing

15         responsibilities of shelter capacity

16         coordinators; requiring law enforcement

17         agencies to prepare annual reports; providing

18         an effective date.

19

20         WHEREAS, the Legislature finds that the incidence of

21  homelessness continues to increase steadily throughout the

22  state, and

23         WHEREAS, increases in homelessness, coupled with a

24  critical shortage of treatment, income supports, and adequate

25  housing options, have resulted in a concomitant increase in

26  the numbers of individuals and families that live on the

27  streets, and

28         WHEREAS, an increasing number of jurisdictions, in

29  attempts to deal with increased numbers of persons living on

30  the streets, have enacted local ordinances that make illegal

31

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 1288
    29-930-03




  1  certain actions or behaviors that are necessary for daily

  2  living, and

  3         WHEREAS, such ordinances have the effect of restricting

  4  the basic freedoms of individuals simply because they do not

  5  have a home, and

  6         WHEREAS, a growing body of research shows that the cost

  7  of providing outreach, shelter, services, and supportive

  8  housing to persons who are homeless and living on the street

  9  is far exceeded by the cost borne by law enforcement, the

10  judicial system, and the correctional system, and

11         WHEREAS, in many communities, these systems have not

12  been equipped to address the complex and multifaceted root

13  causes of homelessness, as evidenced by the "revolving door"

14  between jail and the streets, and

15         WHEREAS, the success of numerous "best practices"

16  demonstrates that it is possible to protect the interests of

17  business and property owners without criminalizing

18  homelessness through the provision of such outreach, shelter,

19  services, and supportive housing, and

20         WHEREAS, such practices improve the quality of life for

21  all residents of the community, including homeless persons,

22  and universally increase opportunities for participation in

23  commerce, recreation, and other activities essential to the

24  health and vibrancy of the community, NOW, THEREFORE,

25

26  Be It Enacted by the Legislature of the State of Florida:

27

28         Section 1.  Shelter capacity coordinators;

29  responsibilities; restrictions on law enforcement; annual

30  report.--

31         (1)  As used in this section, the term:

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 1288
    29-930-03




  1         (a)  "Life-sustaining misdemeanor" means a misdemeanor

  2  offense committed as a result of the performance of an action

  3  that is related to a natural function or task associated with

  4  daily living and that would not be considered a criminal act

  5  if performed under normal conditions in a private residence.

  6  The term includes, but is not limited to the following

  7  actions, regardless of how they are defined by local

  8  ordinance:

  9         1.  Sleeping;

10         2.  Lying down;

11         3.  Camping;

12         4.  Cooking;

13         5.  Preparing food;

14         6.  Eating;

15         7.  Sitting;

16         8.  Loitering on public property;

17         9.  Bathing or washing;

18         10.  Public nudity related to the changing or washing

19  of clothes;

20         11.  Urinating;

21         12.  Defecating; and

22         13.  Carrying, placing, storing, stowing, or using

23  equipment or other items related to the performance of any of

24  the actions listed in subparagraphs 1.-12.

25         (b)  "Shelter" means a facility providing safe,

26  temporary lodging and other basic services needed by

27  individuals who are homeless, including, but not limited to,

28  sanitary facilities, showers, food, adequate space for

29  sleeping and storing personal belongings, and protection from

30  the elements.

31

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 1288
    29-930-03




  1         (c)  "Available bed" means appropriate accommodations

  2  within a shelter or private residence to which a particular

  3  individual who seeks access is guaranteed admission, without

  4  expectation of payment or of participation in nonessential

  5  services or religious activities. The term does not include

  6  any accommodations provided in a jail or other setting in

  7  which the individual is involuntarily placed or detained

  8  without his or her consent nor accommodations provided in a

  9  facility that lacks a valid certificate of occupancy, exceeds

10  the occupancy limit posted by the fire marshal, or otherwise

11  fails to comply with local housing codes.

12         (d)  "Attempted placement" means an effort made by a

13  law enforcement officer or his or her agent at a specific

14  point in time to secure admission of a particular individual

15  to occupy an available bed in a shelter or private residence

16  within or in reasonable proximity to the jurisdiction of the

17  officer, as well as to provide or ensure the provision of

18  transportation to the shelter or private residence for the

19  individual.

20         (e)  "Shelter capacity coordinator" means an individual

21  or organization designated by a law enforcement agency as the

22  entity responsible for inventorying the local or regional

23  supply of shelter beds and their relevant target populations,

24  restrictions, requirements, fee structures, and other relevant

25  information needed by law enforcement officers or their agents

26  to make attempted placements to available beds within the

27  community or region.

28         (2)  Each law enforcement agency shall designate a

29  shelter capacity coordinator. The designation must be made

30  with the input of the local coalition for the homeless, as

31  defined in section 420.623, Florida Statutes. Law enforcement

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 1288
    29-930-03




  1  agencies are encouraged to coordinate the designation of

  2  shelter capacity coordinators with their counterparts from

  3  neighboring jurisdictions.

  4         (3)  The shelter capacity coordinator shall, at least

  5  daily, provide to the law enforcement agency current

  6  information regarding the inventory and status of available

  7  beds in shelters within the county or metropolitan area. The

  8  shelter capacity coordinator shall ideally make current

  9  information available to law enforcement officers in real

10  time.

11         (4)  A law enforcement officer may not cite, arrest, or

12  incarcerate an individual for committing a life-sustaining

13  misdemeanor unless:

14         (a)  Based on the most recent information provided by

15  the shelter capacity coordinator which is available to the law

16  enforcement officer, there is an available bed for that

17  individual;

18         (b)  The officer or his or her agent makes an attempted

19  placement of that individual to an available bed; and

20         (c)  That individual refuses to accept the attempted

21  placement.

22         (5)  A law enforcement officer may not cite, arrest, or

23  incarcerate an individual for committing a life-sustaining

24  misdemeanor if an attempted placement of that individual is

25  unsuccessful as a result of:

26         (a)  The provision of inaccurate or incomplete

27  information by the shelter capacity coordinator; or

28         (b)  A change in the status of an available bed prior

29  to the placement of that individual.

30         (6)  This section does not preclude or restrict a law

31  enforcement officer from enforcing other laws or ordinances

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 1288
    29-930-03




  1  that are violated simultaneously with the commission of the

  2  life-sustaining misdemeanor nor from requiring an individual

  3  to submit to an involuntary examination as described in

  4  section 394.463, Florida Statutes, or part V of chapter 397,

  5  Florida Statutes.

  6         (7)  Each shelter capacity coordinator shall establish

  7  a procedure for reviewing the need to add, delete, or modify

  8  information regarding the status of available beds in relation

  9  to a particular individual or category of individuals, based

10  on information provided by the law enforcement agency or the

11  local coalition for the homeless.

12         (8)  Each shelter capacity coordinator shall, to the

13  greatest extent practical, provide or facilitate the provision

14  of additional information or training to law enforcement

15  officers in order to promote access to other services and

16  resources that may be needed by individuals committing

17  life-sustaining misdemeanors or by other homeless individuals.

18         (9)  Each law enforcement agency shall annually prepare

19  a report that summarizes its activities relating to the

20  shelter capacity coordinator, including the number and nature

21  of successful and unsuccessful attempted placements, as well

22  as the number of citations and arrests for life-sustaining

23  misdemeanors.

24         Section 2.  This act shall take effect January 1, 2004.

25

26

27

28

29

30

31

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 1288
    29-930-03




  1            *****************************************

  2                          SENATE SUMMARY

  3    Prohibits law enforcement officers from arresting
      homeless persons under specified circumstances for
  4    committing certain acts related to fulfilling
      life-sustaining needs which would otherwise be
  5    misdemeanors. Provides for the appointment of shelter
      capacity coordinators. Provides for exchanges of
  6    information between the coordinators and law enforcement
      agencies. Requires agencies to prepare annual reports
  7    relating to their activities under this section.

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  7

CODING: Words stricken are deletions; words underlined are additions.