Title: Unauthorized Public Camping and Public Sleeping

Summary: Prohibits counties & municipalities from authorizing or otherwise allowing public camping or sleeping on public property without certification of designated public property by DCF; authorizes counties to designate public property for such uses for specified time period; requires counties to establish specified standards & procedures relating to such property; authorizes DCF to inspect such property & to issue notice; provides exception during specified emergencies.

Full Text:
An act relating to unauthorized public camping and public sleeping; creating s. 125.0231, F.S.; providing definitions; prohibiting counties and municipalities 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 da tes. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 125.0231, Florida Statutes, is created to read: ENROLLED CS/CS/HB 1365,Engrossed 2024 Legislature 125.0231 Public camping and public sleeping.-(1) As used in this section, the term: (a) "Department" means the Department of Children and Families. (b)1. "Public camping or sleeping" means: a. Lodging or residing overnight in a temporary outdoor habitation used as a dwelling or living space and evidenced by the erection of a tent or other temporary shelter, the presence of bedding or pillows, or the storage of personal belongings; or b. Lodging or residing overnight in an outdoor space without a tent or other temporary shelter. 2. The term does not include: a. Lodging or residing overnight in a motor vehicle that is registered, insured, and located in a place where it may lawfully be. b. Camping for recreational purposes on property designated for such purposes. (2) Except as provided in subsection (3), a county or municipality may not authorize or otherwise allow any person to regularly engage in public camping or sleeping on any public property, including, but not limited to, any public building or its grounds and any public right-of-way under the jurisdiction of the county or municipality, as app licable. (3) A county may, by majority vote of the county's governing body, designate property owned by the county or a ENROLLED CS/CS/HB 1365,Engrossed 2024 Legislature municipality within the boundaries of the county to be used for a continuous period of no longer than year for the purposes of public camping or sleeping. If the designated property is within the boundaries of a municipality, 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 govern ment 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 ENROLLED CS/CS/HB 1365,Engrossed 2024 Legislature department shall notify the county of the date of receiving the request, and of any omission or error, within days after receipt by the department. The department shall certify the designation within 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 an doperable restrooms and running water. 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 a nd alcohol use on the designated property and enforcing such prohibition. (c) Within 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' sand, if applicable, the municipality's publicly accessible websites. ENROLLED CS/CS/HB 1365,Engrossed 2024 Legislature 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 applicab le, 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 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 subparagraphs (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 reside nt 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. ENROLLED CS/CS/HB 1365,Engrossed 2024 Legislature (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 municipality. 2. The applicant has provided the county or applicable municipality with 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 135 business days after receiving written notice of the alleged violation. (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 a nother 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 dec lares 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. ENROLLED CS/CS/HB 1365,Engrossed 2024 Legislature 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.