Sen. Martin on bill banning public camping, sleeping: current situation ‘does not work’

TALLAHASSEE, Fla. – A senate committee passed a bill prohibiting counties and municipalities from allowing public sleeping or camping on public property and public buildings or on public rights of way without a permit.

SB 1530, is carried by Sen. Jonathan Martin, R-Fort Myers, in the Senate. It passed through the Community Affairs committee 4-3. It now heads to the Judiciary committee. Rep. Sam Garrison, R-Fleming Island, is carrying a similar bill in the House.

Martin said it would also authorize cities and counties to designate specific areas for public sleeping or public camping under certain conditions, such as providing access to clean restrooms.

The bill additionally “permits a person or business to bring a civil action in any court of competent jurisdiction against a county or municipality to enjoin a violation of the prohibition against permitting camping,” according to the bill’s analysis.

“Instead of criminalizing the homeless, this bill authorizes individuals and businesses to seek a private right of action against cities or counties that do not follow the law,” Martin said.

This prohibition does not apply during a state of emergency issued by the governor.

Martin said this bill doesn’t affect any criminal laws that are “currently on the books.”

“But in certain situations, if somebody is trespassing, say on Walmart property, and they’re sleeping up against the back of the store, if somebody fails to leave after being told by the owner of the property, they could be arrested for trespassing,” Martin explained.

Sen. Rosalind Osgood, D-Tamarac, spoke during debate and said she has a lot of “unanswered questions” about the legislation, such as the permitting process.

In closing, Martin thanked the senators for their comments and said he wants to get the bill “as good as possible.”

Martin said over 10,000 people in Florida live “unsheltered” and noted hundreds of deaths have occurred.

“It’s a health crisis, it’s a mental health crisis, it’s a drug crisis, we got to do better. This provides the framework, for whatever local framework exists, to provide more support for those individuals who are chronically homeless,” Martin said.

Martin said the current situation “does not work.”

“If this bill fails, and we have to come back next year and try to do something and we do nothing for another year, it’s going to be even worse next year when we try to address this problem. Lives will be lost. We got to fix it,” Martin said.

If passed, the bill takes effect October 1.