Florida Senate - 2024                                    SB 1530
       
       
        
       By Senator Martin
       
       
       
       
       
       33-00804A-24                                          20241530__
    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.; prohibiting counties and municipalities,
    5         respectively, from permitting public sleeping or
    6         public camping on public property without a permit;
    7         authorizing counties and municipalities, respectively,
    8         to designate certain public property for such uses;
    9         providing requirements for such property; providing
   10         for enforcement actions; providing an exception for
   11         declared emergencies; providing a declaration of
   12         important state interest; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 125.0231, Florida Statutes, is created
   17  to read:
   18         125.0231 Unauthorized public camping and public sleeping.—
   19         (1) A county may not authorize or permit public sleeping or
   20  public camping on public property, at public buildings, or on
   21  public rights-of-way within the county’s jurisdiction without a
   22  lawfully issued temporary permit. However, a county may, in its
   23  discretion, designate certain county property for public
   24  sleeping or public camping, subject to the following conditions,
   25  the sufficiency of which shall be determined by the Department
   26  of Children and Families:
   27         (a) Minimum sanitation levels, which include, but are not
   28  limited to, access to clean and operable restrooms and running
   29  water.
   30         (b) Security present on site at all times.
   31         (c) Access to behavioral health services, including, but
   32  not limited to, substance abuse and mental health treatment
   33  resources.
   34         (d) Drugs and alcohol are prohibited within the designated
   35  area.
   36         (e) The designated area may not be in a location where it
   37  adversely and materially affects the value or security of
   38  existing residential or commercial properties.
   39         (2) A person or business may bring a civil action in any
   40  court of competent jurisdiction against any county to enjoin a
   41  violation of this section and may recover reasonable expenses
   42  incurred in any successful civil action brought pursuant to this
   43  section, including court costs, reasonable attorney fees,
   44  investigative costs, witness fees, and deposition costs.
   45         (3) This section does not apply during a state of emergency
   46  issued by the Governor.
   47         Section 2. Section 166.0453, Florida Statutes, is created
   48  to read:
   49         166.0453 Unauthorized public camping and public sleeping.—
   50         (1) A municipality may not authorize or permit public
   51  sleeping or public camping on public property, at public
   52  buildings, or on public rights-of-way within the municipality’s
   53  jurisdiction without a lawfully issued temporary permit.
   54  However, a municipality may, in its discretion, designate
   55  certain municipal property for public sleeping or public
   56  camping, subject to the following conditions, the sufficiency of
   57  which shall be determined by the Department of Children and
   58  Families:
   59         (a) Minimum sanitation levels, which include, but are not
   60  limited to, access to clean and operable restrooms and running
   61  water.
   62         (b) Security present on site at all times.
   63         (c) Access to behavioral health services, including, but
   64  not limited to, substance abuse and mental health treatment
   65  resources.
   66         (d) Drugs and alcohol are prohibited within the designated
   67  area.
   68         (e) The designated area may not be in a location where it
   69  adversely and materially affects the value or security of
   70  existing residential or commercial properties.
   71         (2) A person or business may bring a civil action in any
   72  court of competent jurisdiction against any municipality to
   73  enjoin a violation of this section and may recover reasonable
   74  expenses incurred in any successful civil action brought
   75  pursuant to this section, including court costs, reasonable
   76  attorney fees, investigative costs, witness fees, and deposition
   77  costs.
   78         (3) This section does not apply during a state of emergency
   79  issued by the Governor.
   80         Section 3. The Legislature hereby determines and declares
   81  that this act fulfills an important state interest.
   82         Section 4. This act shall take effect October 1, 2024.