AGENDA REPORT
DATE: August 26, 2024
TO: City Commission
FROM: Bill McDaniel, City Manager
SUBJECT: Public Hearing on ordinance regarding public camping or sleeping.
EXECUTIVE SUMMARY:
During the last legislative session, the Florida Legislature adopted Chapter 2024-11, Laws of Florida, which, among other things, prohibited a municipality from authorizing or allowing any person to regularly engage in public camping or sleeping on public property. This legislation is effective October 1st.
Prior to June 28, 2024, there were previously several court decisions that restricted local government’s ability to address camping on public property, based on the Eighth amendment of the U.S. Constitution. On June 28th, the United States Supreme Court decided City of Grants Pass, Oregon v. Johnson et. al., which found the Eighth Amendment inapplicable and confirmed local government authority to address camping on public property.
In the ordinance:
• The definition of “camp” has been modified to “public camping or sleeping” consistent with the recent legislation.
• Section 50-4 regarding the rules of conduct in public parks and recreation areas was amended to reference the new definition of “public camping or sleeping.”
• Section 50-7, Plant City Code was added to read “Public camping or sleeping on any public property, including but not limited to, parks and recreation areas, public buildings or its grounds, and any public right of way under the jurisdiction of the City, is prohibited.”
Section 2-659, Plant City Code was amended to include violations of Section 50-7, to the list of ordinances which may be subject to citations.
RECOMMENDATION:
That the City Commission, after public hearing, adopt an ordinance amending Chapter 50, Plant City Code regarding public camping or sleeping.
FISCAL IMPACT:
None.
Prepared by: Kenneth W. Buchman, City Attorney