Title:
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Consider Adoption of an Ordinance Amending Chapter 175, Offenses - Miscellaneous of the Seminole County Code of Ordinances; Creating a new Section 175.3 Prohibiting Unauthorized Camping or Sleeping on County Property; Creating a new Section 175.4 Establishing a Process for the Issuance of Trespass Warnings and Providing for an Appeal Process; Making Conforming Amendments to Section 190.35 Regarding Trespass in Public Parks; Providing for Codification in the Seminole County Code; Providing for Severability; And Providing an Effective Date.
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Division:
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County Manager Office
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Authorized By:
Tricia Johnson, Deputy County Manager
Contact/Phone Number:
407-665-7224
Background:
The Florida Legislature recently adopted Chapter No. 2024-11, Laws of Florida, prohibiting counties, effective October 1, 2024, from authorizing or otherwise allowing a person to regularly engage in public camping or sleeping on County property, including, but not limited to, any public building or its grounds and any public rights-of-way under the jurisdiction of the County, except for very particular circumstances such as for designated recreational uses.
The intent of the Florida Legislature in adopting Chapter No. 2024-11, Laws of Florida, was to fulfill an important state interest of preserving and protecting public spaces while simultaneously making adequate provision for the homeless population of the state.
The proposed ordinance is presented to the Board for its consideration to expressly comply with the new state law. Chapter No. 2024-11, Laws of Florida, now codified at section 125.0231, Florida Statutes, places an obligation on the County to take all reasonable actions within the limits of its governmental authority to avoid and cure violations of the new law. Failure to do so could subject the County to civil actions by County residents and business owners, or the Attorney General. A successful lawsuit against the County could result in damages, including attorneys’ fees and costs, being assessed against the County.
“Public camping or sleeping” is defined as 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 lodging or residing overnight in an outdoor space without a tent or other temporary shelter. The term does not include lodging overnight in a motor vehicle or camping for recreational purposes on property designated by the County for such activities.
Any person violating the established camping and sleeping prohibition may be subject to trespass violations. The proposed ordinance authorizes the Seminole County Sheriff’s Office to enforce the prohibition and to issue trespass warnings. Persons issued trespass warnings will be afforded the right to an appeal through a County administrative process.
County staff has been proactive in meeting with the Seminole County Sheriff’s Office, municipal partners, and law enforcement to determine the best approach forward to demonstrate proactive enforcement of the provisions of section 125.0231, Florida Statutes. The Sheriff’s Office has reviewed and provided valuable input on the proposed ordinance.
Prior to bringing any recommendations before the Board of County Commissioners, County staff has closely monitored the progress of a United States Supreme Court case challenging the constitutionality of similar Oregon restrictions prohibiting encampments on public property. The United States Supreme Court in City of Grants Pass, Oregon v. Johnson, et. al, 144 S.Ct. 2202; 603 U.S. ___; Case No. 2023-175 (June 28, 2024), found that such laws are constitutional and do not violate the Eighth Amendment restriction on cruel and unusual punishment against homeless individuals.
Based on the foregoing, County staff has drafted an ordinance for Board consideration that takes proactive measures to comply with the new legislation.
Requested Action:
Approve the adoption of an Ordinance Amending Chapter 175, Offenses - Miscellaneous, of the Seminole County Code of Ordinances; Creating a new Section 175.3 Prohibiting Unauthorized Camping or Sleeping on County Property; Creating a new Section 175.4 Establishing a Process for the Issuance of Trespass Warnings and Providing for an Appeal Process; Making Conforming Amendments to Section 190.35 Regarding Trespass in Public Parks; Providing for Codification in the Seminole County Code; Providing for Severability; And Providing an Effective Date.