Title
MOTION TO ADOPT PROPOSED RESOLUTION NO. 2024-R-35.
PROPOSED RESOLUTION NO. 2024-R-35 IS A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PEMBROKE PINES, FLORIDA; PROVIDING FOR NOTICE OF COMPLAINTS FOR PUBLIC CAMPING OR SLEEPING UNDER SECTION 125.0231(4), FLORIDA STATUTES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
1. During the 2024 Legislative Session, the Florida Legislature adopted House Bill 1365, which created a new Section 125.0231, Florida Statutes, to prohibit public camping or sleeping, as those terms are defined in the new law.
2. In response to Section 125.0231, Florida Statutes, the Board of County Commissioners of Broward County, Florida, enacted Ordinance 2024-37, which applies countywide, including within municipalities unless a municipality has enacted a conflicting ordinance, and which authorizes enforcement by the Broward County Sheriff and municipal law enforcement.
3. The City of Pembroke Pines does not have a conflicting ordinance, so the City’s Police Department can enforce the Broward County Ordinance as applicable for violations within the City, without the need for the City Commission to adopt an ordinance.
4. While Section 125.0231, Florida Statutes, does not establish penalties for persons that violate the prohibition, it does establish a cause of action for residents, business owners and the Florida Attorney General against counties and municipalities to enjoin violations of the statute.
5. One of the prerequisites for filing a claim against a county or municipality is that the complainant had provided written notice to the governing board of the county or applicable municipality, providing at least 5 business days to cure the alleged violation.
6. Section 125.0231(4), Florida Statutes, does not set forth the means for providing such written notice to a governing board, nor the information required in any written complaint filed under the statute.
7. The City Commission has determined that establishing the means of providing written notice to the City Commission of the City of Pembroke Pines is necessary so that affected parties have direction to ensure that the complaint is addressed by the appropriate departments and staff of the City, and if necessary to confirm for a court of competent jurisdiction whether the City Commission was provided the written notice as required by Section 125.0231(4), Florida Statutes.
8. The City Commission finds it in the best interest of the City’s residents and business owners, as well as the Florida Attorney General, to provide for the means of notice to the City Commission under Section 125.0231(4), Florida Statutes.
9. The City Commission hereby authorizes the City Manager to designate an e-mail address or other electronic submission method, to be displayed on the City’s website, to serve as the means for complainants to provide written notice of violations of Section 125.0231(4), Florida Statutes, to the City Commission of the City of Pembroke Pines.
10. To enable the City to take reasonable action within the limits of its authority to cure an alleged violation, the written notice must specify:
a. The location of the alleged violation;
b. The date(s) of the alleged violation;
c. A description or photograph of the alleged violator; and,
d. The name and contact information of the complainant.
11. The written notice should also include other information that will assist the City to address or otherwise cure the alleged violation.
12. Recommend City Commission adopt Proposed Resolution No. 2024-R-35.
Financial Impact
FINANCIAL IMPACT DETAIL:
a) Initial Cost: None.
b) Amount budgeted for this item in Account No: Not Applicable.
c) Source of funding for difference, if not fully budgeted: Not Applicable.
d) 5 year projection of the operational cost of the project Not Applicable.
e) Detail of additional staff requirements: Not Applicable.
FEASIBILITY REVIEW:
A feasibility review is required for the award, renewal and/or expiration of all function sourcing contracts. This analysis is to determine the financial effectiveness of function sourcing services.
a) Was a Feasibility Review/Cost Analysis of Out-Sourcing vs. In-House Labor Conducted for this service? Not Applicable.
b) If Yes, what is the total cost or total savings of utilizing Out-Sourcing vs. In-House Labor for this service? Not Applicable.