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.