Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
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MOTION TO ENACT 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
A Resolution directing the County Administrator to publish notice of public hearing to consider enactment of the Ordinance was adopted by the Board of County Commissioners (“Board”) at its meeting of September 17, 2024.
What Action Accomplishes
Allows for the Board’s consideration of the proposed Ordinance.
Goal Related Icon(s)
☐County Commission
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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.
The amendments submitted by the County Attorney’s Office for the Board’s September 17, 2024, meeting have been incorporated into the proposed Ordinance (Exhibit 1).
Source of Additional Information
Joseph K. Jarone, Assistant County Attorney, 954-357-7600
Fiscal Impact
Fiscal Impact/Cost Summary
Fiscal Impact Statement by the Office of Management and Budget is attached as Exhibit 2.