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December 03, 2024, 12:00 AM
Business Impact Estimate In accordance with Section 125.66(3)(a), F.S., a Business Impact Estimate (BIE) is required to be: 1) prepared before enacting certain ordinances and 2) posted on Osceola County's website no later than the date the notice of proposed enactment/notice of intent to consider the proposed ordinance, is advertised in the newspaper (which, per Section 125.69, F.S., is ten (10) days before the Public Hearing).
Read Business Impact Estimate(PDF, 477KB)
Proposed ordinance's title/reference: Ordinance 2024-75
An ordinance of the Board of County Commissioners of Osceola County, Florida renaming Chapter 18 “Roads, Bridges, Streets, Alleys and Sidewalks” to include “and Public Buildings and Grounds”; repealing in its entirety Article 1, Section 18-3 “Temporary Habitation” and replacing with a new Article 1, Section 18-3, “Prohibition of Public Camping and Sleeping Within County Buildings or its Grounds, on County Streets, Sidewalks, Right-or-Ways, and other Public Ways; of the Osceola County Code of Ordinances: correction of scrivener's errors; providing for severability; providing for conflict; providing for inclusion into the code; and providing for an effective date.
The County is of the view that the following exception(s) to the Business Impact Estimate requirement apply that are listed below apply to the above-referenced proposed ordinance:
- The proposed ordinance is required for compliance with Federal or State law or regulation;
In accordance with the provisions of controlling law, even notwithstanding the fact that, an exemption noted above may apply, the County hereby publishes the following information:
1 . Summary of the proposed ordinance (must include statement of the public purpose, such as serving the public health, safety, morals, and welfare):
The ordinance is proposed to comply with the Florida Legislature’s adoption of Chapter 2024-11 which made impermissible, effective October 1, 2024 for counties and municipalities to authorize or otherwise allow public camping or sleeping at public buildings, on public grounds, property or rights-of-way, with the exception of very particular circumstances such as for designated recreational uses. Chapter 2024-11 placed the obligation on counties and cities to avoid violations of the new law and failure to do so subjects the counties and municipalities to civil action by residents of the county, owners of a business located in the county or the Attorney General may enjoin violations of the new law, damages including attorneys' fees and costs may be imposed.
The proposed ordinance will:
- Prohibit individuals from regularly camping or sleeping on public property owned by the County, including county buildings, sidewalks, parking lots, streets, and other public ways, unless the area is specifically designated for recreational camping by the County.
- Define "Public camping or sleeping" as staying overnight in outdoor spaces, either with temporary shelters like tents or without any shelter and includes the presence of bedding or personal belongings.
- Exceptions are made for individuals staying in lawfully parked, registered, and insured motor vehicles or for recreational camping in areas designated by the County.
- Violating this ordinance may result in trespass charges under Florida law
2. Estimate of direct economic impact of the proposed ordinance on private, for-profit businesses in the County
No direct economic impact on private, for-profit businesses. The ordinance pertains to any person engaged in public camping or sleeping on any public property.
3. Estimate of direct compliance costs that businesses may reasonably incur:
No direct compliance costs. The ordinance pertains to any person engaged in public camping or sleeping on any public property.
4. Any new charge or fee imposed on businesses by the proposed ordinance:
No fees or charges on businesses are proposed. The ordinance pertains to any person engaged in public camping or sleeping on any public property.
5. Estimate of the County 's regulatory costs, including estimated revenues from any new charges or fees to cover such costs:
There will be an indeterminate impact on the County with respect to the staff and resources necessary to implement and administer the prohibition of public camping or sleeping on any public property. Law Enforcement will be authorized to issue trespass violations in accordance with Chapter 810 of Florida Statutes and to take any legal and necessary action to remove a person violating the subsection. There are no estimated revenues anticipated.
6. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance:
No impact to businesses by the proposed ordinance. The ordinance pertains to any person engaged in public camping or sleeping on any public property.
7. Additional information the governing body deems useful (if any):
As referenced in this BIE, this ordinance is to amend the County's Code of Ordinances to further align with Chapter No. 2024-11, Laws of Florida and ensure it is clear that public camping or sleeping on any county facility, grounds, or right of way is prohibited unless lawfully exempt.