Florida League of Cities

Unauthorized Public Camping or Sleeping (Monitor) – Passed

CS/CS/SB 1530 (Martin) and CS/CS/HB 1365 (Garrison) prohibit counties and municipalities from permitting public sleeping or camping on public property, at public buildings or on public rights-of-way within their respective jurisdictions without a lawfully issued temporary permit. The bills authorize municipalities and counties to designate certain public property for public sleeping or public camping subject to the following conditions, the sufficiency of which must be determined by the Florida Department of Children and Families: minimum sanitation levels, including access to restrooms and running water; security present and onsite at all times; access to behavioral health services; prohibition on drugs and alcohol; and the designated area may not be in a location that adversely and materially affects existing residential or commercial properties. The bills authorize a person or business to bring a civil action against any county or municipality to enjoin a violation of the prohibitions and conditions and to recover their attorney fees and costs. The bills provide an exception for a state of emergency declared by the Governor. CS/CS/HB 1365 has passed the House (82-26) and the Senate (27-12) and is awaiting action by the Governor. (Wagoner)