AGENDA ITEM REPORT
TITLE:
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AN ORDINANCE AMENDING THE CITY'S CODE OF ORDINANCES BY AMENDING CHAPTER 6, "BUILDINGS AND BUILDING REGULATIONS," ARTICLE III, "MINIMUM BUILDING PREMISES STANDARDS," SECTION 6-39, "ABANDONED REAL AND PERSONAL PROPERTY;" AND BY AMENDING CHAPTER 14, "OFFENSES," ARTICLE I, "IN GENERAL," TO CREATE SECTION 14-5, "TRESPASS APPEALS;" AND BY AMENDING CHAPTER 15, "PARKS AND RECREATION," ARTICLE II, "RULES AND REGULATIONS," SECTION 15-24, "RECREATIONAL ACTIVITIES;" AND BY AMENDING CHAPTER 17, "STREETS, SIDEWALKS, WATERWAYS AND OTHER PUBLIC PLACES," TO CREATE ARTICLE V, "PUBLIC CAMPING OR SLEEPING," TO PROHIBIT PUBLIC CAMPING AND SLEEPING ON PUBLIC PROPERTY AND PROVIDE FOR TRESPASS FOR VIOLATIONS. (FIRST READING)
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BACKGROUND:
During the 2024 Legislative Season, the Florida Legislature adopted House Bill 1365, which created Section 125.0231 Florida Statutes. This new law creates a state-wide prohibition on regular public camping or sleeping on any public property within the State and mandates enforcement of the prohibition by local governments.
DISCUSSION:
The primary focus of the proposed ordinance is to amend Chapter 17 of the Code of Ordinances to make it consistent with House Bill 1365 by creating a new Article V, "Public Camping or Sleeping," that prohibits camping or sleeping in public places in the City, furthering the legitimate governmental interest in protecting the public health and the safety of all persons within the City. To implement the provisions of the new state law consistently throughout the City's Code, the ordinance also:
1. Amends Chapter 6 to provide a cross reference in Section 6-39, "Abandoned real and personal property" to ensure personal belongings identified under the new no camping prohibition are not treated as abandoned property under Chapter 6;
2. Amends Chapter 14 to provide an appeal process for trespass violations in a central code location; and
3. Amends Chapter 15 to delete a ban on camping in City p...
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