The request before the City Council is to conduct a first reading of Ordinance 2024-2304, which amends the City’s Camping Ordinance by adding a reference to Florida’s "Unauthorized Public Camping and Public Sleeping Laws" under F.S.S. 125.0231, which takes effect on October 1, 2024.

The State of Florida has enacted the "Unauthorized Public Camping and Public Sleeping Laws", which takes effect on October 1, 2024.

The new state law is three-fold as follows:

• It prohibits public camping or sleeping on non-designated public property overnight effective October 1, 2024. Under Florida State Statute 125.0231, a municipality/county may not authorize or permit public camping or sleeping (as defined by Florida Law) on public property, public buildings, or public rights-of-way. Our city ordinance already prohibits this any time of the day or night.

• It provides an avenue for counties and cities to create safe and managed areas for homeless people to live while being provided with running water, sanitation, and services. These managed areas must be approved by the state if a county or city decides to establish them.

• It allows any city or county to be sued (beginning 01/01/25) for allowing homeless encampments on non-designated public property.

The revisions to our ordinance are as follows:

• Section 14-12 “Camping prohibited” (b)(1) was amended by adding Section B. “public camping or sleeping, as defined in Section 125.0231 Florida Statutes, as amended from time to time.” This new section of the City’s ordinance references the Florida Statute on public camping and public sleeping.

• Section 14-12 (d)(5) was changed to read: “Camping for recreational purposes on property    designated for such purposes specifically authorized by the city, or in conjunction with any special event approved by the city council.”

The main changes to our city’s camping ordinance are being made to reference Florida’s new public camping or sleeping laws. Although the police department’s primary focus will still be to utilize the LIFT Team, our BayCare Social Worker, and our patrol division to offer services to our homeless population, we must follow the provisions of the new state laws relating to public camping or sleeping. Our city ordinance is in full compliance with the new state law and will be enforced when appropriate to avoid any conflicts with the new state laws.

The City Attorney reviewed Ordinance 2024-2304 and approved it as to form.