Margate, FL Homelessness & Encampment Rules: Encampment Sanitation (2026)

Section 33-34, adopted by Ord. No. 2024-3 on September 18, 2024, prohibits regularly engaging in public camping or sleeping on public or private property, including rights-of-way, except as specifically authorized by the governmental authority or property owner. Public camping or sleeping means lodging or residing overnight in a temporary outdoor habitation evidenced by a tent or temporary shelter, bedding or pillows, or stored personal belongings, or lodging overnight in an outdoor space with no shelter. It excludes overnight lodging in a registered, insured motor vehicle located where it can lawfully be, and recreational camping on property designated for it.

Being in a temporary shelter or asleep under materials in a public place is evidence but is not alone enough. One or more of five factors must also exist: numerous items of personal belongings, cooking, a fire, digging or earth breaking, or a person asleep who has no other permanent place to live.

The enforcement protocol is written into the section. When an officer of the Margate Police Department has probable cause, the officer advises the person of the violation, gives a warning, and offers the chance to leave or be transported to a public shelter if available. Personal property not taken to the shelter, except perishable or unsanitary items, is inventoried and stored by the police department until reclaimed or for a maximum of sixty (60) days, after which unclaimed property is deemed abandoned and disposed of under Florida Statutes chapter 705. A person who accepts transport is not charged. The warning step does not apply to a person who cannot be identified, is intoxicated, or within the past year was charged three times or accepted shelter transport three times. The City states that citation should be a last resort, that services and other noncoercive measures are preferred, and that juveniles are referred to the Juvenile Services Civil Citation Program. Subsection (g) lets the City enforce under a relevant County anti-public camping ordinance instead. A county resident, a Broward County business or the Florida Attorney General can give written notice of a violation to the City Commission through an email address the City Manager posts on the City website.