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Palm Coast council approves first reading of ordinance prohibiting camping or sleeping on public property

2997232 · April 15, 2025
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Summary

City council approved on first reading an ordinance to align local code with Florida House Bill 365 (2024), adding a prohibition on regular public camping or sleeping on city-owned property. The measure establishes trespass warnings, an appeal process to the special magistrate and will return for a second reading before taking effect.

The Palm Coast City Council on Thursday approved on first reading an ordinance that prohibits regular public camping or sleeping on city-owned property, bringing local code into alignment with 2024 state law.

City staff said the ordinance implements portions of House Bill 365 (2024) and adds an enforcement mechanism allowing the city manager, a designee or a law enforcement officer to issue a two-year trespass warning to people found regularly camping or sleeping on public property under the city’s jurisdiction. Barbara Grossman, the city’s code enforcement manager, told the council the warning may be appealed in writing to the city clerk within 10 days; appeals are heard by the city’s special magistrate and that decision is final.

The ordinance is intended to apply to public buildings and their grounds, rights-of-way under city control and other public property. “On March 2024, House Bill 365 was enacted by the Florida Legislature and signed into law,” Grossman said. “The law prohibits the city from authorizing or allowing regular public camping or sleeping on public properties.”

Council members discussed related safety and service issues. Vice Mayor raised the possibility of separate rules addressing loitering or presence in medians to reduce vehicle–pedestrian encounters; staff recommended any median or loitering restrictions be drafted as a separate ordinance because the current measure implements the state statute specifically aimed at camping and sleeping. The city manager noted that staff are continuing to review related legal questions.

Council members also discussed displacement and services. A public commenter who identified themself as having been homeless said trespassing people from public property would likely push them onto private property or elsewhere without addressing underlying needs. Council members responded by discussing shelter capacity and interlocal options. Councilman Sullivan asked staff to raise the question of interlocal agreements with neighboring counties (for example Volusia County) at the upcoming joint city–county meeting so the parties can explore sheltering or service options.

On procedure, the council approved the ordinance on first reading by vote; the ordinance will not take effect until adoption at second reading, which staff said is tentatively scheduled for a future meeting in May. The city attorney and staff described the vote as a first-reading adoption consistent with state law and the city’s ordinance-adoption process.

The council took the motion to approve on first reading by unanimous voice vote.