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 inform...
Click here for full text