2024 04 02 VII. City Attorney Update IINUTE FILE
CHAPTER 2024-11
Committee Substitute for
Committee Substitute for House Bill No. 1365
An act relating to unauthorized public camping and public sleeping;creating
s. 125.0231, F.S.; providing definitions; prohibiting counties and munici-
palities from authorizing or otherwise allowing public camping or sleeping
on public property without certification of designated public property by
the Department of Children and Families; authorizing counties to
designate certain public property for such uses for a specified time period;
requiring the department to certify such designation;requiring counties to
establish specified standards and procedures relating to such property;
authorizing the department to inspect such property; authorizing the
Secretary of Children and Families to provide certain notice to counties;
providing applicability; providing an exception to applicability during
specified emergencies; providing a declaration of important state interest;
providing applicability; providing effective dates.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Section 125.0231, Florida Statutes, is created to read:
125.0231 Public camping and public sleeping.—
(1) As used in this section, the term:
(a) "Department" means the Department of Children and Families.
�ublic camping or sleeping" means:
a. Lodging or residing overnight in kemporar outdoor habitation used
as a dwelling or living space and evidence the erection of a tent or other
temporary shelter, the presence of bedding or pillows, or iEF e sf 'rage of
personal belongings; or
b. Lodging or residing overnight in an outdoor space(W ithout a tenr
other temporary shelter.
2. The term does(n�cinclude:
a. Lodging or residin overni ht in otor vehicl hat is registered,
insured, andoc ted in a place where it may lawful y be.
b. Camping fir recreational purposes on property designated for such
purposes.
(2) Except as provided in subsection (3), a county or munici•ality may
jig authorize or otherwise allow any person t• 1 .r en:age in public
camping or sleeping on any public property,including,but not limited to,any
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public building or its grounds and any public right-of-way under the
jurisdiction of the county or municipality, as applicable.
(3) A county may, by majority vote of the county's governing body,
designate property owned by the county()a municipality within the
boundaries of the county to be used for a continuous eriod of no lon er than
1 year for the purposes of ' camping or sleeping If the designated
property is within the boun an ' , the designation is
contingent upon the concurrence of the municipality by majority vote of the
municipality's governing body.
(a) A county designation is not effective until the department certifies
the designation. To obtain department certification, the county shall submit
a request to the Secretary of Children and Families which shall include
certification of, and documentation proving, the following:
1. There are not sufficient open beds in homeless shelters in the county
for the homeless population of the county.
2. The designated property is not contiguous to property designated for
residential use by the county or municipality in the local government
comprehensive plan and future land use map.
3. The designated property would not adversely and materially affect the
property value or safety and security of other existing residential or
commercial property in the county or municipality and would not negatively
affect the safety of children.
4. The county has developed a plan to satisfy the requirements of
paragraph (b).
Upon receipt of a county request to certify a designation, the department
shall notify the county of the date of receiving the request, and of any
omission or error, within 10 days after receipt by the department. The
department shall certify the designation within 45 days after receipt of a
complete submission from the county, and the designation shall be deemed
certified on the 45th day if the department takes no action.
(b) Except as provided in paragraph (e), if a county designates county or
municipal property to be used for public camping or sleeping, it must
establish and maintain minimum standards and procedures related to the
designated property for the purposes of:
1. Ensuring the safety and security of the designated property and the
persons lodging or residing on such property.
2. Maintaining sanitation,which must include, at a minimum,providing
access to clean and operable restrooms and running water.
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3. Coordinating with the regional managing entity to provide access to
behavioral health services, which must include substance abuse and mental
health treatment resources.
4. Prohibiting illegal substance use and alcohol use on the designated
property and enforcing such prohibition.
(c) Within 30 days after certification of a designation by the department,
the county must publish the minimum standards and procedures required
under paragraph (b) on the county's and, if applicable, the municipality's
publicly accessible websites. The county and municipality must continue to
make such policies and procedures publicly available for as long as any
county or municipal property remains designated under paragraph (a).
(d) The department may inspect any designated property at any time,
and the secretary may provide notice to the county recommending closure of
the designated property if the requirements of this section are no longer
satisfied. A county and, if applicable, a municipality must publish any such
notice issued by the department on the county's and, if applicable, the
municipality's publicly accessible websites within 5 business days after
receipt of the notice.
(e) A fiscally constrained county is exempt from the requirement to
establish and maintain minimum standards and procedures under subpar-
agraphs (b)1.-3. if the governing board of the county makes a finding that
compliance with such requirements would result in a financial hardship.
(4)(a) A resident of the county, an owner of a business located in the
county, or the Attorney General may bring a civil action in any court of
competent jurisdiction against the county or applicable municipality to
enjoin a violation of subsection(2). If the resident or business owner prevails
in a civil action, the court may award reasonable expenses incurred in
bringing the civil action, including court costs, reasonable attorney fees,
investigative costs, witness fees, and deposition costs.
(b) An application for injunction filed pursuant to this subsection must
be accompanied by an affidavit attesting that:
1. The applicant has provided written notice of the alleged violation of
subsection (2) to the governing board of the county or applicable munici-
pality.
2. The applicant has provided the county or applicable municipality with
5 business days to cure the alleged violation.
3. The county or applicable municipality has failed to take all reasonable
actions within the limits of its governmental authority to cure the alleged
violation within 5 business days after receiving written notice of the alleged
violation.
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(5) This section does not apply to a county during any time period in
which:
(a) The Governor has declared a state of emergency in the county or
another county immediately adjacent to the county and has suspended the
provisions of this section pursuant to s. 252.36.
(b) A state of emergency has been declared in the county under chapter
870.
Section 2. The Legislature hereby determines and declares that this act
fulfills an important state interest of ensuring the health, safety, welfare,
quality of life, and aesthetics of Florida communities while simultaneously
making adequate provision for the homeless population of the state.
Section 3. Section 125.0231(4), Florida Statutes, as created by this act,
shall take effect January 1, 2025, and applies to causes of action accruing on
or after that date.
Section 4. Except as otherwise expressly provided in this act, this act
shall take effect October 1, 2024.
Approved by the Governor March 20, 2024.
Filed in Office Secretary of State March 20, 2024.
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