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 THE STORAGE AND SEIZURE OF PERSONAL PROPERTY ON COUNTY REAL PROPERTY; CREATING SECTION 21-5 OF THE BROWARD COUNTY CODE OF ORDINANCES (“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 to ensure County personnel have legal authority to seize and dispose of personal property left on County property.
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. To ensure compliance with House Bill 1365, the Board enacted Ordinance No. 2024-37, which prohibits individuals from regularly engaging in overnight public camping and sleeping on public property.
Under Chapter 705 of the Florida Statutes, law enforcement has the duty to dispose of lost or abandoned personal property. However, Chapter 705 applies only to property that “does not have an identifiable owner,” which may not include certain property left behind following the removal of someone engaged in unauthorized public camping or sleeping or who has improperly stored their belongings on County property.
The proposed Ordinance allows, but does not require, authorized County personnel to take custody of personal property that is not subject to Chapter 705 and that has been left on County property. This Ordinance requires the County Administrator to promulgate procedures for the enforcement of this Ordinance that are consistent with applicable legal principles.
The County Attorney’s Office has coordinated with the County Administrator to ensure that notice of this proposed Ordinance was published ten (10) days prior to this public hearing so that the Board can consider immediate enactment of the proposed Ordinance.
Source of Additional Information
Joseph K. Jarone, Senior 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 3.