Laserfiche WebLink
ORDINANCE 2025 - 006 <br />AN ORDINANCE OF THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA <br />CREATING SECTION 16 OF CHAPTER 306, TITLED <br />"PROHIBITION OF PUBLIC CAMPING OR SLEEPING WITHIN <br />COUNTY BUILDINGS, OR ON ITS GROUNDS, STREETS, <br />SIDEWALKS, RIGHT-OF-WAY AND OTHER PUBLIC <br />PROPERTY"; PROVIDING FOR CONFLICTS; PROVIDING FOR <br />SEVERABILITY; PROVIDING FOR CODIFICATION; AND <br />PROVIDING FOR AN EFFECTIVE DATE. <br />RECITALS <br />WHEREAS, the Florida Legislature in adopting Florida Statute 125.023 1, has made it <br />impermissible, effective October 1, 2024, for counties and municipalities to authorize or otherwise <br />allow public camping or sleeping on any public property, including, but not limited to public <br />buildings, public grounds, rights-of-way, with the exception of very particular circumstances such <br />as for designated recreational uses; and <br />WHEREAS, the intent of the Florida Legislature in adopting Florida Statute 125.0231, <br />was to fulfill the important state interest of ensuring the health, safety, welfare, quality of life, and <br />aesthetics of Florida communities; and <br />WHEREAS, Florida Statute 125.0231 places an obligation on counties and cities to <br />proactively avoid violations of the new law or face civil actions by residents, business owners, <br />and/or the Attorney General, who may enjoin violations of the new law and obtain damages <br />including attorneys' fees and costs; and <br />WHEREAS, County staff has conferred with law enforcement to determine the best <br />approach forward to enforce the provisions of Florida Statute 125.0231; and <br />WHEREAS, the United States Supreme Court in City of Grants Pass, Oregon v. Johnson, <br />et. al, 144 U.S. 2202 (2024); Case No. 2023-175 (June 28, 2024), found that laws prohibiting public <br />camping are constitutional and do not violate the Eighth Amendment restriction on cruel and <br />unusual punishment against homeless individuals; and <br />WHEREAS, the Board finds it appropriate to create and amend its Code of Ordinances to <br />further align with Florida Statute 125.0231 and ensure it is clear that public camping or sleeping on <br />any county facility, grounds, or right of way is prohibited unless designated as public camping for <br />recreational use. <br />NOW THEREFORE, be it ordained by the Board of County Commissioners of Indian <br />River County as follows: <br />