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Dear Neighbor,
As most of you know, we have had significant developments in the State of Florida regarding the laws concerning homelessness, namely HB 1365 which went into effect October 1st. The State has directed municipalities across Florida to get more assertive in dealing with this national crisis, and we are determined to utilize all resources necessary to meet this challenge head on. A huge step in doing this was the appointment of Acting Assistant City Manager, Christopher Cooper, who has been tasked with overseeing this initiative and ensuring that the City, County and all respective agencies are working together to meet our common goals.
We will increase our efforts to help those who are experiencing homelessness, but we are equally as determined to prohibit conduct that is harmful to public health and public safety. We have already passed a new ordinance against aggressive panhandling, and as of October 1st, we now have Ordinance 16-32 that outlaws sleeping and camping on public property. The City has taken the extra step of making this effective 24/7, not simply overnight as the State law prescribes.
What is House Bill 1365?
Florida’s House Bill 1365, a new law effective October 1st, 2024, prohibits camping or sleeping on public property. NOTE: Camping means to lodge, reside or remain in an outdoor space temporarily by the erection, use or occupation of any tent, hut, lean-to, shack or temporary shelter of any kind which provides a cover from the elements, for sleeping purposes, or the laying down of bedding, such as a mat, blanket, sleeping bag or other material for the purpose of sleeping, resting or conducting any activities of daily living including but not limited to storage of personal possessions in such place.
How is House Bill 1365 different than City Ordinance 16-32?
House Bill 1365 only addresses overnight camping or sleeping while the City ordinance is enforced all day long. The City ordinance does not include parks; parks have their own scheduled hours of operation based on park rules and regulations. The beach is addressed under Section 8-58 of the City ordinances.
· Written complaints are required under HB 1365 and must be processed through FixIt FTL. Phone calls to a City Commissioner’s office, the Customer Call Center, or Neighbor Support do not qualify as notice under the law.
· City Ordinance 16-32 only addresses the City’s public property. Sleeping or camping on private property can be addressed through a Trespass Affidavit with the Fort Lauderdale Police Department. Private property owners should call the Fort Lauderdale Police Department’s non-emergency line – (954) 828-5700 – to confirm if an active affidavit on file (valid for two years) or to request for an officer to visit the property.
· Camping or sleeping on County or State property must be addressed by each respective entity.
How to Report Camping or Sleeping on Public Property under HB 1365
To report instances of camping or sleeping on public property, residents and business owners can use the FixIt FTL app and select “Camping or Sleeping on Public Property – HB 1365.” Persons can file a report online by visiting fortlauderdale.gov/fixitftl and following the same process. All reports under HB 1365 have to be written. Please note that phone calls to Commission offices, the Customer Call Center or Neighbor Support do not qualify as notice to the City under the law.
When reporting, please provide the following information:
· Location: The specific location where the violation is occurring by dropping a pin on the map. (required)
· Photo: Include a photo of the incident. (optional)
· Time: Note the time the camping or sleeping is happening. (required).
· Area: A description of the area, such as a park, intersection, or nearby address. Please be as detailed as possible.
· Description: A description of the individual or situation. (required)
· Contact: We will need name, address, and contact information for the complainant to ensure staff responds to the reported concern.
What Happens after a Report is Filed?
Once written notice of a violation is processed through FixIt FTL, reasonable action to address the violation must occur within five business days. If a violation of the camping ban is identified to be within or on the City’s public property (this law does not apply to private property):
· Contact: The individual who is camping or sleeping in public will be contacted by law enforcement.
· Shelter or Services: If the individual is willing to enter a shelter, and the assistance is available, they will be transported to that location. In some cases, they may be transported to a hospital for wellness, mental health or addiction treatment.
· Enforcement: If the individual is unwilling to leave, they will be given notice to appear in court or possibly arrested.
I am hoping that making arrests is a last resort, but if people disobey and reject offers of assistance, we have no other option but to engage the power of the police. Even then, our goal would then be to get them the needed help after they’ve been detained. That could be substance abuse treatment, mental health care, medical assistance, job training or family reunification.
Our City realizes the seriousness of this issue and is doing everything we can to take this challenge head on. With our new initiatives, staffing, coordination with state and local agencies, and your patience, I am confident that working together, we will continue to make progress and find solutions for this very difficult issue.
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