Legislation Details

File #: 24-1269   
In control: REQUEST TO SET FOR PUBLIC HEARING
Agenda Date: 9/17/2024 Final action: 9/17/2024
Title: MOTION TO ADOPT Resolution directing the County Administrator to publish Notice of Public Hearing to be held on October 8, 2024, at 10:00 a.m., in Room 422 of Governmental Center East to consider enactment of a proposed Ordinance, the title of which is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO PUBLIC CAMPING OR SLEEPING; CREATING SECTIONS 21-2 AND 21-3 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"); AMENDING SECTION 21-6 OF THE CODE; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE. (Sponsored by the Board of County Commissioners)
Attachments: 1. Exhibit 1 - Resolution to Publish Notice of Public Hearing, 2. Exhibit 2 - Proposed Ordinance, 3. Exhibit 3 - Business Impact Estimate, 4. Additional Material - Information, 5. Additional Material - Information
Date Action ByActionResultAction DetailsMeeting DetailsVideo
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Broward County Commission Regular Meeting                               

Director's Name:                     Andrew J. Meyers 

Department:                                           County Attorney 

 

Information

Requested Action

title

MOTION TO ADOPT Resolution directing the County Administrator to publish Notice of Public Hearing to be held on October 8, 2024, at 10:00 a.m., in Room 422 of Governmental Center East to consider enactment of a proposed Ordinance, the title of which is as follows:

 

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO PUBLIC CAMPING OR SLEEPING; CREATING SECTIONS 21-2 AND 21-3 OF THE BROWARD COUNTY CODE OF ORDINANCES (“CODE”); AMENDING SECTION 21-6 OF THE CODE; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.

(Sponsored by the Board of County Commissioners)

 

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Why Action is Necessary

The proposed Ordinance was prepared by the County Attorney’s Office as directed by the Board of County Commissioners (“Board”) on April 16, 2024.

 

What Action Accomplishes

Enables the setting of a public hearing during which the Board may consider enacting the proposed Ordinance.

 

Goal Related Icon(s)

☐County Commission

☐Go Green

☐MAP Broward

 

Previous Action Taken

 

 

Summary Explanation/Background

At its April 16, 2024, meeting, the Board directed the County Attorney’s Office to draft appropriate ordinances for consideration by the Board to address issues resulting from the 2024 Session of the Florida Legislature.

 

During the 2024 Session, the Florida Legislature enacted House Bill 1365 (HB 1365), which prohibits local governments from authorizing or otherwise allowing any person to regularly engage in public camping or sleeping on any public property under the County’s jurisdiction. Effective January 1, 2025, HB 1365 authorizes County residents and businesses and the Florida Attorney General to sue to enforce the law and to recover attorneys’ fees and costs, if successful.

 

The proposed Ordinance, if enacted, would prohibit public camping or sleeping on any public property under the County’s jurisdiction.

 

Source of Additional Information

Joseph K. Jarone, Assistant County Attorney, 954-357-7600

 

Fiscal Impact

Fiscal Impact/Cost Summary

The Fiscal Impact Statement by the Office of Management and Budget will be provided at the time of the public hearing, in compliance with Section 18.5(e)(7) of the Broward County Administrative Code.