The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Fiscal Policy
BILL: CS/CS/SB 1530
INTRODUCER: Fiscal Policy Committee; Judiciary Committee; and Senator Martin
SUBJECT: Unauthorized Public Camping and Public Sleeping
DATE: February 26, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Hackett Ryon CA Favorable
2. Davis Cibula JU Fav/CS
3. Hackett Yeatman RC Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 1530 preempts counties and municipalities from authorizing individuals to regularly
sleep or camp on public property, at public buildings, or on public rights-of-way within their
jurisdictions. The bill authorizes counties and municipalities to allow public sleeping or camping
on designated public property by issuing temporary permits to be used only at the designated
area. The prohibitions against camping or sleeping on public property do not apply when the
Governor has declared a state of emergency or when local officers have declared a local state of
emergency under ch. 870, F.S.
A designated property may not be used continuously for longer than 1 year and must meet
certain minimum standards and procedures. The Department of Children and Families must be
notified when a property is designated, and then is responsible for inspecting the property and
certifying the designation based on certain factors.
The bill additionally permits a resident, local business owner, or the Attorney General to bring a
civil action against a county or municipality to enjoin practices of allowing unlawful sleeping or
camping on public property. When filing an application for an injunction, the plaintiff must also
file an affidavit demonstrating that the governmental entity has been notified of the problem and
that the problem has not been cured. A prevailing plaintiff may recover reasonable expenses
incurred in bringing the action.
REVISED: BILL: CS/CS/SB 1530 Page 2
Individuals who sleep or camp on public property without authorization are not subject to
penalties under the bill.
The bill takes effect October 1, 2024.
II. Present Situation:
Estimates of Homeless Populations
According to the U.S. Department of Housing and Urban Development, on a single night in
January 2023, approximately 653,104 people were homeless in the United States. This represents
about 20 of every 10,000 people. Approximately 60 percent of those who were homeless were
staying in shelters while 40 percent were unsheltered or staying in a location that was not
intended for humans to live.
1
The report estimated Florida’s homeless population on a single
night to be 30,756.
2
Legislation Related to Homeless Encampments
Several states and local governments recently have heard or passed legislation related to
homeless encampments on public property. Some of these efforts have been directed at banning
or removing homeless encampments,
3
while others have moved toward creating rights for
homeless populations to camp on public property.
4
Litigation Related to Homelessness
State and Federal Courts have opined on the constitutionality of these varied provisions on a
case-by-case basis.
5
Significantly, the Ninth Circuit Court of Appeals found that an Oregon
city’s ordinance which precluded the use of bedding supplies when sleeping in public violated
the Federal constitution’s “cruel and unusual punishments” clause
6
as applied to individuals who
were involuntarily experiencing homelessness and who lacked shelter in which to lawfully
sleep.
7
On January 12, 2024, the U.S. Supreme Court agreed to take up the Oregon case to
1
The U.S. Department of Housing and Urban Development, Office of Community Planning and Development, The 2023
Annual Homelessness Assessment Report (AHAR) to Congress, 12 (Dec. 2023).
https://www.huduser.gov/portal/sites/default/files/pdf/2023-AHAR-Part-1.pdf.
2
Id., at 16. Additionally, the Annual Report of Florida’s Council on Homelessness estimated the population for one night in
January to be 30,809. See the report, page 2, Florida's Council On Homelessness Annual Report available at Florida's
Council On Homelessness Annual Report 2023.pdf (myflfamilies.com).
3
See e.g., 2023 Georgia Senate Bill No. 62, available at
https://legiscan.com/GA/bill/SB62/2023#:~:text=A%20BILL%20to%20be%20entitled,Title%2050%20of%20the%20O.C.G.
A.%2C; 2024 Kentucky House Bill No. 5, available at https://apps.legislature.ky.gov/record/24rs/hb5.html.
4
See e.g., 2017 Colorado House Bill No. 17-1314 available at
https://leg.colorado.gov/sites/default/files/documents/2017A/bills/2017a_1314_01.pdf.
5
See e.g., 2022 Missouri House Bill No. 1606, available at
https://house.mo.gov/billtracking/bills221/hlrbillspdf/3703H.08T.pdf ; Frank v. City of St. Louis, 458 F. Supp. 3d 1090, 1092
(E.D. Mo. 2020).
6
U.S. CONST. amend. VIII.
7
Johnson v. City of Grants Pass, 72 F.4th 868, 890 (9th Cir. 2023), cert. granted sub nom. Grants Pass, OR v. Johnson, No.
23-175, 2024 WL 133820 (Jan. 12, 2024). BILL: CS/CS/SB 1530 Page 3
determine whether the enforcement of generally applicable laws regulating camping on public
property is constitutional.
8
In contrast to the Ninth Circuit, the Eleventh Circuit previously upheld similar restrictions in
2000. A homeless man challenged a municipal ordinance of the City of Orlando that prohibited
any “camping” on public property. Among other findings, the court noted that “Homeless
persons are not a suspect class, nor is sleeping out-of-doors a fundamental right.”
9
Local Legislation in Florida
Numerous local governments in Florida have passed local legislation banning camping. Miami
Beach, for example, provides that it is unlawful for any person to engage in camping on any
public place within the city unless specifically authorized for that purpose by the city manager or
his designee.
10
The ordinance defines camping as:
Sleeping in a temporary shelter out-of-doors or otherwise being in a temporary shelter out-of-
doors; or
Cooking over an open flame or fire out-of-doors or using non-city designated cooking
facilities outdoors.
The Miami Beach ordinance is enforceable by requiring an offender to vacate the area. The
willful refusal to vacate the area is punishable with a fine not exceeding $500 or by
imprisonment for up to 60 days. If the official encounters a person camping who volunteers that
he or she has no home or other permanent shelter, he or she must be given an opportunity to
enter a homeless shelter or similar facility, if available. If no such facility is available, an arrest
may not be made.
III. Effect of Proposed Changes:
The bill creates s. 125.0231, F.S., to preempt counties and municipalities from permitting
individuals to regularly sleep or camp on public property, at public buildings, or on public rights-
of-way.
“Public camping or sleeping” is defined to mean 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. The term does not include lodging or residing overnight in a motor vehicle that is
registered, insured, and located in a place where it may lawfully be, or recreational camping on
property designated for such purposes.
Designation of a County or Municipal Property
A county may, by majority vote of its governing body, designate public property for use for
public camping or sleeping for no longer than one continuous year. If the property is within a
8
Id.
9
Joel v. City of Orlando, 232 F.3d 1353, 1357 (11th Cir. 2000).
10
See section 70-45, Miami Beach Code of Ordinances, available at
https://library.municode.com/fl/miami_beach/codes/code_of_ordinances?nodeId=SPAGEOR_CH70MIOF_ARTIIPUPL_DI
V1GE_S70-45CAPR. BILL: CS/CS/SB 1530 Page 4
municipality, the municipality’s governing body must concur with the designation by majority
vote.
Such designation may not become effective until the designation is submitted to and certified by
the Department of Children and Families (DCF). Certification must be completed by DCF within
45 days of receipt of a complete submission, and requires the following findings:
There are not sufficient open beds in homeless shelters in the county for the homeless
population;
The designated property is not contiguous to residential use property as shown by the local
government comprehensive plans;
The designated property would not adversely and materially affect the value, safety, or
security of existing residential and commercial property in the county; and
The county has developed a plan to satisfy the minimum standards for such designated
property.
If a county designates county or municipal property for public camping or sleeping, it must
establish and maintain minimum standards and procedures to:
Ensure the safety and security of the property and persons lodging or residing there.
Maintain sanitation, which includes providing access to clean and operable restrooms and
running water.
Coordinate with the local continuum of care to provide access to behavioral health services,
including substance abuse and mental health treatment resources.
Prohibit illegal drug and alcohol use on the property and enforce the prohibitions.
These standards must be published on the county’s and any applicable municipality’s website for
the duration of the designation. Except for prohibiting drugs and alcohol, the minimum
maintenance standards do not apply in a fiscally constrained county if the governing board
makes a finding that compliance would result in financial hardship.
DCF may inspect any designated property at any time, and the secretary of DCF may provide
notice to the county recommending closure of the designated property if any requirement is no
longer satisfied. Such notice must be publicly available on the county’s and municipality’s
website within 5 days of receipt.
Legal Recourse to Enjoin Violations
The bill permits a resident of the county, a business owner, or the Attorney General to bring a
civil action in any court of competent jurisdiction against a county or municipality to enjoin
practices of allowing unlawful sleeping or camping on public property. A successful plaintiff
may recover reasonable expenses including court costs, reasonable attorney fees, investigative
costs, witness fees, and deposition costs.
When a plaintiff applies for an injunction, he or she must also provide an accompanying affidavit
attesting that:
He or she has provided written notice of the alleged violation to the governing board of the
county or municipality. BILL: CS/CS/SB 1530 Page 5
The county or municipality was provided 5 business days to cure the alleged violation.
The county or municipality has not cured the alleged violation within 5 business days of
receiving written notice of the alleged violation.
States of Emergency
The provisions of the bill do not apply when the Governor has declared a state of emergency in
the county or another county immediately adjacent to the county and has suspended the law, or
when a local state of emergency has been declared under ch. 870, F.S., in the county. Chapter
870, F.S., authorizes local officers to declare a state of emergency within a county or
municipality when overt acts of violence or the imminent threat of violence occurs and the
Governor has not declared a state of emergency to exist.
11
The bill contains a finding of important state interest.
The bill takes effect October 1, 2024.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
The mandates restrictions likely do not apply, as the bill does not directly require local
governments to spend funds or to take an action requiring the expenditure of funds. A county
or municipality may, but is not required to, designate certain public properties for public
sleeping or public camping as provided by the bill, which would likely require expenditures.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
11
Section 870.041, F.S. BILL: CS/CS/SB 1530 Page 6
B. Private Sector Impact:
None.
C. Government Sector Impact:
A prevailing plaintiff in a lawsuit against a county or municipality is entitled to recover
reasonable expenses against the local government. This cost is indeterminate and could have
a fiscal impact on local governments.
The Department of Children and Families may see costs related to certification and
inspection of public property designated for public sleeping and camping. Total costs will
depend on utilization of the designation throughout the state.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill creates section 125.0231of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS/CS by Fiscal Policy on February 22, 2024:
The committee substitute:
Amends the definitions of public camping and sleeping, providing that the term does
not include recreational camping;
Unifies the two separate sections for county and municipal provisions;
Permits a county to designate property for public sleeping, and a municipality to
concur in the designation;
Requires certification by DCF that certain criteria, including an insufficient number
of open beds in the county's homeless shelters and the designated property not being
contiguous to residential property, have been met before property may be designated
for public sleeping;
Permits DCF to inspect designated property and recommend closure;
Permits the Attorney General to bring suit related to property designated for public
sleeping; and
Revises applicability during declared states of emergency to require suspension of the
statute, rather than automatic suspension during emergency.
BILL: CS/CS/SB 1530 Page 7
CS by Judiciary on February 5, 2024:
The committee substitute is an expansion of the underlying bill and differs significantly from
the original bill by:
Providing definitions of “public camping” and “public sleeping.”
Restricting how long a public property may be used for public camping or sleeping.
Requiring the governmental entity to post on its website the minimum standards and
procedures governing the public property.
Expanding the Department of Children and Families’ oversight role to inspect the
property and issue a report.
Exempting a fiscally constrained county or a municipality in a fiscally constrained
county from certain minimum standards and procedures concerning the public
property if it would result in a financial hardship.
Requiring a plaintiff or affected resident business owner to submit an affidavit
concerning certain facts when applying for an injunction.
Authorizing local officers to declare a state of emergency as an additional basis for
when the provisions of the bill do not apply.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.