A homeless camp in Marathon has been cleared by the Monroe County Sheriff's Office after a group of local residents and business owners filed suit against the city for being in violation of new state law regulating such encampments.
The Florida Department of Transportation last week had instructed local law enforcement in the Florida Keys to clear the property the state owned on 20th Street.
The lawsuit cited Florida law passed last year that bans public sleeping and camping.
The controversial law that went into effect last October allows for public sleeping and camping only after a municipal government officially designates an area for that purpose and provides restrooms, running water, security and access to mental health and drug rehab services. The law also allows residents to sue their municipalities for non-compliance.
READ MORE: Florida law banning sleeping, camping in public now allows people to sue municipalities
“The lawsuit did sort of filter its way through the channels up to FDOT and allegedly all the way to the Governor’s Office,” said Steven Williams, the city attorney for Marathon during a city council workshop meeting last week.
Williams told city council members they’ll need to consider passing an ordinance that mirrors an already-passed resolution over regulating homeless camping. He said the ordinance would make it easier for local law enforcement and judicial officials to research and comply with the city’s rules on public camping.
Monroe County Sheriff’s deputies gave campers 48 hours of notice to vacate the area on 20th street and a pamphlet of information on obtaining transportation, food and legal services, according to a statement from the office.
“We will honor (FDOT’s) request in a way that is legal, efficient and humane,” wrote Sheriff Rick Ramsay on Jan. 29.
FDOT owns the property on 20th Street, and the sheriff’s office said it will continue to patrol the area pending further instruction from FDOT.
FDOT spokesperson Maria Fallon told WLRN that the transportation agency does not have any current plans to develop the parcel of land after campers are removed from the area.
Thirty-six plaintiffs, including business owners in the area around 20th Street, are listed on a civil complaint filed Jan. 15. The complaint alleges that the city government violated HB 1365, and enabled the growth of the encampment by placing a dumpster and portable toilets in the area.
However, one of the lead plaintiffs on the case, Morgan Gotti, told WLRN that since the area has been cleared, plaintiffs are in the process of dropping the case.
“We are very very happy and satisfied that the encampment has been cleared,” said Gotti.