HomeMy WebLinkAbout4785 City Code Pertaining To Public Camping Or Sleeping On Any Public PropertyOrdinance No. 2024-4785
An ordinance of the City of Sanford, Florida implementing the
provisions of recently passed House Bill Number 1365 (initially
codified as Chapter 2024-11, Laws of Florida) which enacted
Section 125.0231, Florida Statutes, pertaining to public camping
or sleeping on any public property; providing for legislative
findings and intent; providing for implementing administrative
actions; amending Section 62-72 and Section 62-78 of the City
Code; providing for penalties; providing for a savings
provision; providing for conflicts; providing for severability;
providing for codification and the correction of scrivener's
errors and providing for an effective date.
Whereas, the Florida Legislature recently passed House Bill Number
1365 (initially codified as Chapter 2024-11, Laws of Florida) which enacted Section
125.0231, Florida Statutes; and
Whereas, Section 125.0231, Florida Statutes, which takes effect on
January 1, 2025, will make it unlawful for counties and municipalities to "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" within the jurisdiction of the county or city;
and
Whereas, the term "public camping or sleeping" is defined in the new
statute to mean (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; and
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Whereas, in essence, the 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; and
Whereas, the new statute allows the County to designate property
owned by the County or a city located within Seminole County to be used for public
camping or sleeping for up to a year although a designated city must concur with
the designation by majority vote of the city's city commission or council and, if
property is so designated, it is the County's responsibility to provide the services
required which are: (a). ensuring safety and security of the designated property
and persons residing thereon, (b). maintaining certain sanitation services, (c).
providing access to behavioral health services, and (d). prohibiting and enforcing
the prohibition of illegal substance and alcohol use; and
Whereas, the City's Assistant City Attorney, Lonnie Grot, has been
advised by the County Attorney, Kate Latore, that the County is forming an internal
working group to discuss the new law and steps will be taken to implement the law,
that the County may need to make some changes to our County Code and that, to
date, the County is not currently considering designated public property for
sleeping or camping; and
Whereas, prior to the new law's effective date of January 1, 2025, the
City is required to repeal any ordinance or any other authority authorizing regular
public camping or sleeping on public property and the City is ensuring compliance
with the new statute by means of the enactment of this Ordinance; and
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Whereas, It is possible the law of our Nation could be modified by the
United States Supreme Court in the case of Johnson v. City of Grants Pass, 72 F.
4th 868 (9th Cir. 2023), and that the new State law could be challenged as
unconstitutionally vague because it does not specify with enough detail the public
camping or sleeping activity which is prohibited such as failing to define the word
"regularly", but this Ordinance provides for a potential prompt remedial action as
may be needed in the face of such a judicial decision; and
Whereas, the City has been conferred broad legislative powers to enact
ordinances to perform governmental functions and exercise power to promote the
health, welfare, safety, and quality of life of a local government's residents by both
the Constitution of the State of Florida and the Florida Legislature through home
rule implementing legislation; and
Whereas, the Constitution of the State of Florida grants cities broad
authority to take actions furthering citizens' health, welfare, safety and quality of
life called "home rule," and this authority includes legislative powers to enact local
laws; and
Whereas, the City Commission of the City of Sanford has deemed
approval of this Ordinance to be in the best interest of the residents and citizens
of the City of Sanford and to further the public health, safety and welfare; and
Whereas, the City Commission of the City of Sanford has complied with
all procedural and substantive requirements of controlling law in enacting this
Ordinance.
Now Therefore, Be it enacted by the People of the City of Sanford:
Section 1. Legislative Findings And Intent.
The City Commission of the City of Sanford hereby adopts and incorporates
into this Ordinance the recitals (whereas clauses) set forth herein as the legislative
and administrative findings and intent of the City Commission which, together with
the agenda materials, memorandum and staff reports, to the extent that they exist,
shall be maintained consistent with the maintenance schedule for ordinances, as
public records of the City.
Section 2. Amendment to Section 62-72 of the City Code
Implementation of Section 125.0231, Florida Statutes. The provisions of
Section 62-72 of the Code of Ordinances of the City of Sanford (City Code) are
amended to read follows:
Sec. 62-72. Camping and sleeping; picnicking.
(a) It is prohibited and unlawful to regularly engage in sleeping,
campingor r lodging sleep, ^am^ ledge or to park a vehicle overnight
in a City park or facility, or on any other public property located within
the City, without a permit issued by the City Manager, or designee,
for a unique or designated event which has been found to serve a
public purpose such as, by way of example only, motion picture
productions, economic development activities; a tourism
development event or a City sponsored event eF,
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(b) It is prohibited and unlawful for any person at a City park or
facility to picnic or lunch in a place other than those designated for
that purpose by the City and, absent a permit being issued by the
City Manager, or designee, for a unique or designated event which
has been found to serve a public purpose such as, by way of
example only, motion picture productions, economic development
activities; a tourism development event or a City sponsored event.
Aside from permitted activities, the use of all tables, benches and
improvements, as well as green areas shall be governed by the rule
of "first-come, first-served;" provided, however that it is prohibited
and unlawful for any person at a City park or facility to use any portion
of areas available for picnics for the purpose of holding picnics to the
exclusion of other persons, or to use such areas for an unreasonable
unlawful for any person at a City park or facility to use a table, bench
or other improvement to regularly engage in sleeping, camping or
lodging under the guise of having a picnic or lunch.
Section 3. Amendment to Section 62-78 of the City Code
Implementation of Section 125.0231, Florida Statutes. The following provision
of Section 62-78 of the Code of Ordinances of the City of Sanford (City Code) is
amended to read follows:
Sec. 62-78. Promulgation of rules.
(a) The City Manager is hereby authorized to adopt administrative
rules supplemental to the provisions of this Article that he or she
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deems necessary and appropriate to implement the provisions of this
Article relative to the use of City parks or City facilities or any other
City property and the violation of such rules shall constitute a
violation of this Article.
(b) In addition to matters otherwise provided for in this Article, which
include, but are not limited to, the implementation of Section
125.0231 Florida Statutes the rules of the City may pertain to the
appropriate and harmonious use of recreational facilities consistent
with the multiple uses that will be authorized on such facilities, the
location of particular recreational activities and other activities at City
parks or City facilities, whether parks are to be used for active or
passive recreational activities, access management with regard to
traffic contro! and management within City parks and City facilities,
the operation of motor vehicles and other forms of transportation
within City parks and City facilities, pollution and litter within City
parks and City facilities, the harming or removal of animals or natural
resources within or from City parks and City facilities, the use of
dangerous instrumentalities within City parks and City facilities, the
use of alcoholic beverages within City parks and City facilities,
hunting and fishing within City parks and City facilities, domestic
animals within City parks and City facilities, use of City park and City
facility property and the conditions relating thereto, trespass upon
and disturbance within City parks and City facilities, disorderly
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conduct and loitering within City parks and City facilities, fires and
illumination within City parks and City facilities, and such other
related matters which address the protection of public property
located in and good order in City parks and City facilities. It is
prohibited and unlawful to violate any provision of this article or any
rule of the City Manager implementing the provisions of this article.
(c) The provisions of this article and the rules adopted by the City, or
a sign or notice providing for the location of such documents, shall
be posted at a conspicuous place in each City park and City facility.
(d) A general condition of each permit to use a City park and City
facility is that the permittee shall abide by and adhere to the
provisions of this article and the rules promulgated by the City.
(e) The City Manager shall regularly review, or cause to be reviewed,
by his or her designee the use of and conditions within each City park
and City facility in order to minimize public liability relating to City
parks and City facilities.
(f) The City Manager shall regularly review, or cause to be reviewed
by his or her designee, the use and condition of each City park and
City facility to ensure compliance with the Americans With Disabilities
Act and other laws, rules and regulations where applicable.
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Section 4. Implementing Administrative Actions.
The City Manager, or designee, is hereby authorized and directed to
implement the provisions of this Ordinance and to take any and all necessary
administrative actions to bring into effect the provisions of this Ordinance.
Section 5. Penalties.
A violation of this Ordinance by failing to adhere to a lawful order entered
hereunder shall be punishable in accordance with Section 1-7 of the City Code;
provided, however, that the City may exercise any and all rights and remedies
available to the City under controlling law to enforce the provisions of this
Ordinance and the City Attorney, in conjunction with the City Manager, or
designee, may file any action deemed necessary to enforce the provisions of this
Ordinance.
Section 6. Savings.
The prior actions of the City of Sanford relating the enactment of
ordinances, and any and all related matters, procedures, are hereby ratified and
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Section 7. Severability.
If any section or portion of a section of this Ordinance proves to be invalid,
unlawful or unconstitutional, it shall not be held to impair the validity, force or effect
of any other section or part of this Ordinance.
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Section 8. Conflicts.
All ordinances or parts of ordinances in conflict with this Ordinance are
hereby repealed.
Section 9. Codification; Scrivener's Errors.
(a). The provisions of Section 2 and Section 3 of this Ordinance shall be
codified as determined to be appropriate by the Code codifier of the City and all
other sections shall not be codified.
(b). The sections of this Ordinance may be renumbered or re -lettered and
the words of this Ordinance may be changed to section, article or some other
appropriate word or phrase to accomplish codification in the absolute discretion of
the Code codifier.
(c). Typographical errors and other matters of a similar nature that do not
affect the intent of this Ordinance, as determined by the City Clerk and City
Attorney, may be corrected with the authorization of the City Manager, or designee,
without the need for a public hearing.
Section 10. Effective Date; Contingent Repeal.
(a). This Ordinance shall become effective and be enacted immediately
upon its passage and adoption.
(b). Notwithstanding the foregoing, penalty provisions relating to unlawful
shall be automatically repealed if the United States Supreme Court renders its
decision in the case of Johnson v. City of Grants Pass, 72 F. 4th 868 (9th Cir.
2023), and the City Attorney determines that such action is appropriate based upon
the holding in that case. If so, the City Attorney shall prepare an affidavit for
execution by the City Manager and attestation by the City Clerk which executed
affidavit shall be promptly placed in the public records of the City and provided to
the City Commission and the Police Chief.
Passed and adopted this 10th day of June, 2024.
Attest: ,>7 TCity Commission of the City of
nom==; . §S nford, Florida
Traci Houchin, MMC, FCRMGI' Artdruff
City Clerk Mayor
For use and reliance of the City Commission;
approved as to form and legality.
Oiam Colbert.
City Attorney C
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Business Impact Estimate
This form should be included in agenda packet for the item under which the proposed ordinance
is to be considered, and must be posted on the City's website by the time notice of the proposed
ordinance is published.
Proposed ordinance's title/reference:
Ordinance No. 2024-4785
An ordinance of the City of Sanford, Florida implementing the
provisions of recently passed House Bill Number 1365 (initially
codified as Chapter 2024-11, Laws of Florida) which enacted Section
125.0231, Florida Statutes, pertaining to public camping or sleeping
on any public property; providing for legislative findings and intent;
providing for implementing administrative actions; amending Section
62-72 and Section 62-78 of the City Code; providing for penalties;
providing for a savings provision; providing for conflicts; providing
for severability; providing for codification and the correction of
scrivener's errors and providing for an effective date.
The City is of the view that the following exception(s) to the Business Impact Estimate
requirement apply that are checked off in a box below apply to the above -referenced
proposed ordinance, although the City is implementing the procedure required by
statutory law to ensure that no inadvertent procedural issue could impact the enactment
of the proposed ordinance. Nonapplicable.
❑ The proposed ordinance is required for compliance with Federal or State law or
regulation;
❑ The proposed ordinance relates to the issuance or refinancing of debt;
❑ The proposed ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
❑ The proposed ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant, or other
financial assistance accepted by the
❑ The proposed ordinance is an emergency ordinance;
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O The ordinance relates to procurement; or
• The proposed ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
In accordance with the provisions of controlling law, even notwithstanding the fact that,
an exemption noted above may apply, the City hereby publishes the following information:
1. Summary of the proposed ordinance (must include statement of the public purpose,
such as serving the public health, safety, morals, and welfare): The proposed ordinance
implements the provisions of recently passed House Bill Number 1365 (initially codified
as Chapter 2024-11, Laws of Florida) which enacted Section 125.023 1, Florida Statutes,
pertaining to public camping or sleeping on any public property. The proposed ordinance
amends Section 62-72 and Section 62-78 of the City Code to ensure that the City Code
complies with controlling State law.
2. Estimate of direct economic impact of the proposed ordinance on private, for-profit
businesses in the City: The intent of the legislation that is being implemented is to
advance the public interest. The new law creates a State-wide prohibition on regular
public camping or sleeping on any public property.
3. Estimate of direct compliance costs that businesses may reasonably incur: The City
will eliminate the possibility of being targeted for violation of the new State law. In
essence, the 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. Failure to engage in appropriate enforcement activities
under the new law can result in potential liability arising from lawsuits filed by those with
standing to sue under the new law who suffer damages as set forth in the new law.
Compliance with the legislation by the City not only avoids adverse judgements, but the
legal costs that can result from litigation.
4. Any new charge or fee imposed by the proposed ordinance: There are no new charges
or fees anticipated to be imposed as a direct result of the enactment of the proposed
ordinance.
5. Estimate of the City's regulatory costs, including estimated revenues from any new
charges or fees to cover such costs: There are no projected revenues to be derived from
the enactment of the proposed ordinance. Law enforcement activities will be required as
with the case of any violation of law relating to the use of public property such as City
parks and facilities.
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6. Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance: The stated goal of the legislation being enacted is to benefit those who are
adversely affected by the activities pertaining to persons who 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.
7. Additional information (if any, but may wish to include the methodology used to derive
information for #1 and #2, above. For example: City staff solicited comments from
businesses in the City as to the potential impact of the proposed ordinance by contacting
the chamber of commerce, social media posting, direct mail or direct email, posting on
City website, public workshop, etc. You may also wish to include efforts made to reduce
the potential fiscal impact on businesses based on feedback from businesses. You may
also wish to state here that the proposed ordinance is a generally applicable ordinance
that applies to all persons similarly situated (individuals as well as businesses) and,
therefore, the proposed ordinance does not impose costs only upon businesses.): A
person may find it beneficial to review the entirety of the text of House Bill Number 1365
(initially codified as Chapter 2024-11, Laws of Florida) as well as the legislative staff report
pertaining to the legislation.
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o��At1FORp �! "PROVED
CITY OFO
'A&kNFORD�
Fsti� FLORIDA
CITY COMMISSION MEMORANDUM 24.148
.LUNE 10, 2024 AGENDA
WS— R''MX
Item No. j
" E—
To: Honorable Mayor and Members of the City Commission
PREPARED BY: Lonnie Groot, Assistant City Attorney
SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-C ager
SUBJECT: Ordinance No. 2024-4785 Co orming ity Code To
Pertaining To Public Camping Or S eping On Any
Section 125.023 1, Florida Statutes
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
New State Law
Public Property,
Approval of Ordinance No. 2024-4785 on first reading is requested to ensure that the City is in
compliance with the new statutory requirements of Section 125.023 1, Florida Statutes, pertaining
to public camping or sleeping on any public property.
FISCAL/STAFFING STATEMENT:
Ordinance No. 2024-4785 may result in additional law enforcement activity relating to the
prohibition of public camping or sleeping on any public property. Should Seminole County
designate property owned by the City to be used for public camping or sleeping for up to a year,
as authorized by the new statute, the City would need to concur with the designation by majority
vote of City Commission and the County would be responsible for providing the services required
at the property.
BACKGROUND:
The Florida Legislature recently passed House Bill Number 1365 (initially codified as Chapter
2024-11, Laws of Florida) which enacted Section 125.023 1, Florida Statutes, which takes effect
on January 1, 2025, and will make it unlawful for counties and municipalities to "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" within the jurisdiction of a county or a city.
The term "public camping or sleeping" is defined in the new statute to mean (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. In essence, the 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.
The new statute allows Seminole County to designate property owned by the County or a city
located within Seminole County to be used for public camping or sleeping for up to a year although
a designated city must concur with the designation by majority vote of the city's city commission
or council and, if property is so designated, it is the County's responsibility to provide the services
required which are: (a). ensuring safety and security of the designated property and persons
residing thereon, (b). maintaining certain sanitation services, (c). providing access to behavioral
health services, and (d). prohibiting and enforcing the prohibition of illegal substance and alcohol
use. The City's Assistant City Attorney, Lonnie Groot, has been advised by the County Attorney,
Kate Latore, that the County is forming an internal working group to discuss the new law and steps
will be taken to implement the law, that the County may need to make some changes to our County
Code and that, to date, the County is not currently considering designated public property for
sleeping or camping.
Prior to the new law's effective date of January 1, 2025, the City is required to repeal any ordinance
or any other authority authorizing regular public camping or sleeping on public property and the
City is ensuring compliance with the new statute by means of the enactment of this Ordinance.
It is possible the law of our Nation could be modified by the United States Supreme Court in the
case of Johnson v. City of Grants Pass, 72 F. 4th 868 (9th Cir. 2023), and that the new State law
could be challenged as unconstitutionally vague because it does not specify with enough detail the
public camping or sleeping activity which is prohibited such as failing to define the word
"regularly", but this Ordinance provides for a potential prompt remedial action as may be needed
in the face of such a judicial decision.
LEGAL REVIEW:
The Assistant City Attorney has assisted in this matter and recommends enactment.
The City Commission approved the first reading of Ordinance No. 2024-4785 on May 13, 2024.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on June 5, 2024.
RECOMMENDATION:
City staff recommends the City Commission adopt Ordinance No. 2024-4785.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 2024-4785."
Attachment: Ordinance No. 2024-4785
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