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Stuart adds appeal process to trespass warnings after state law; public and commissioners press county for shelter options

May 24, 2025 | City of Stuart, Martin County, Florida


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Stuart adds appeal process to trespass warnings after state law; public and commissioners press county for shelter options
The City of Stuart Commission on May 20 adopted an amendment to city code that adds a formal appeal process for trespass warnings issued for camping or sleeping on public property, a procedural change the city said was required by recent state law. The vote followed extensive public comment calling for housing‑first responses and more county‑level solutions.

City Attorney Ben Mortel and staff told the commission the change does not create new prohibitions: Stuart’s anti‑camping rules already existed in local code, but Florida Statutes §125.0231 and related case law require documented warnings and an opportunity for appeal before a criminal trespass prosecution in many circumstances. Under the amendment, an individual issued a written trespass warning will have 30 days to file an appeal; appeals will be scheduled before the city magistrate at the next available hearing date.

Mortel explained the practical purpose: “If two years from now we get sued because someone’s camping on a bench … and we have no written warnings, it’ll look like we’ve done nothing,” he said, describing the city’s need to document enforcement activity to limit civil exposure. City staff told the commission that in practice most encounters have been handled informally — officers ask people to leave and they generally comply — but documentation will now be created when a written trespass is issued.

Commissioners stressed that the ordinance does not substitute for social services. Public commenters, including Pastor Guy Calvert and representatives of Tent City Helpers, urged the commission and county to invest in shelter beds, day‑services and housing programs rather than rely on criminal enforcement. “Rounding people up and incarcerating them is not a solution to the problem,” said Zote Reese of Tent City Helpers during public comment.

The city’s legal update noted how the state law also contemplates a county role in designating temporary camping sites: counties may designate up to one‑year sites for sleeping/camping, but those designations require Department of Children and Families certification and must meet conditions (shelter bed availability, non‑residential adjacency and plans for services) before becoming effective.

The commission approved the ordinance on second reading by unanimous roll call. No new enforcement protocol beyond the written warning and appeal process was adopted at the meeting; commissioners said they want to work with Martin County and local service providers on options for shelter space and supportive services and asked staff to follow up.

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