TO: Mayor and Commission AGENDA DATE: 3/18/2025
FROM: City Manager AGENDA ITEM: 8 - D
SUBJECT:
Title
Public Hearing - Request for approval of Ordinance No.15-2025, establishing Chapter 43 of the City of Deltona Code of Ordinances “Public Camping” at second and final reading.
Body
LOCATION:
Citywide
COST:
NA
SOURCE OF FUNDS:
NA
ORIGINATING DEPARTMENT:
City Attorney’s Office
POTENTIAL MOTION:
Recommendation
“I hereby approve Ordinance 15-2025 at second and final reading to establish Chapter 43 of the City of Deltona Code of Ordinances ‘Public Camping’.”
END
BACKGROUND:
Background
The proposed ordinance complies with section 125.0231 Florida Statutes, which made it 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, except for very particular circumstances such as for designated recreational uses. Section 125.0231 Florida Statutes placed the obligation on counties and municipalities to avoid violations of the new law and failure to do so subjects those counties and municipalities to civil action by residents of the county, owners of a business located in the city or the Attorney General may enjoin violations of the new law, damages including attorneys’ fees and costs may be imposed, effective January 1, 2025.
The proposed ordinance will prohibit individuals from camping or sleeping on public property owned by the City, unless in an area which is specifically designated for recreational camping by the City Violating this ordinance may result in fines and trespass charges. The proposed ordinance also provides a complaint process to be used by residents of the City, owners of a business located in the city or the attorney General should purported violation occur. This proposed ordinance serves the health, safety, and welfare of the City.
End