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Florida’s law designed to reduce homelessness took effect Tuesday. How will Boca Raton and Delray Beach respond?

Without open arms.

The law does two things. Cities can’t allow anyone to “engage in public camping or sleeping on any public property” unless the city has designated an area for such use. And if residents believe that a city is allowing public sleeping in a non-designated area, they can sue and “recover reasonable expenses.” The law sets minimum standards for such encampments and allows the state to inspect them.

In June, after the Legislature passed House Bill 1365, the Supreme Court ruled in a relevant case. By a vote of 6-3 in a case from Oregon, the justices found that cities can criminalize sleeping in public without violating the Eighth Amendment ban on cruel and unusual punishment.

Backlash has come across the country as the homeless population has grown, in part because of the rise in housing costs. At the same time, advocates for the homeless—now often called “unsheltered” or “unhoused”— argue that law enforcement isn’t the solution.

Neither Boca Raton nor Delray Beach has had problems on the level of Los Angeles or San Francisco or even Fort Lauderdale, where officials contemplated designating the top level of a public parking garage as a space for sleeping or camping. But police departments in both cities get calls. At this point, neither city is ready to crack down as much as some of the law’s supporters may have wanted.

In Boca Raton, a police department spokeswoman said most calls come from “our downtown area, where residents express concern for our most vulnerable population.” The department is adding a second homeless liaison officer to its community engagement unit. “This will enhance our outreach efforts and further our mission to connect individuals experiencing housing instability with the support and resources available to them.”

In Delray Beach, residents packed the commission chambers 13 months ago to complain about the proliferation of homeless people on the beach pavilion. Speakers said they had threatened diners at nearby restaurants. As in Boca Raton, there were reports of people defecating in public.

The police department responded by sending more officers. There have been fewer complaints from that area, though City Manager Terrence Moore said some encampments have popped near the city’s two highway interchanges. The homeless issue, Moore said, “does remain sporadic.”

Neither city is even thinking about creating a designated public sleeping area. Under the law, counties can’t declare one in a city unless the city agrees. Moore said Delray Beach may need to consider ordinances related to the law. For now, the city will rely on its own liaison officers and wait to see what other local governments do.

Would Boca Raton arrest someone under the law? “It would depend on the circumstances,” the spokeswoman said. Clearly, though, the department does not believe that cities, as the saying goes, can arrest their way out of the problem. “Boca Raton will maintain its current approach,” focused on outreach.

Homelessness remains one of the country’s most intractable problems. Something thoughtful out of Tallahassee—and some money—might help. But almost nothing thoughtful comes out of Tallahassee these days. That holds true for House Bill 1365.

Delray commissioners support a raise for City Manager

Delray Beach City Manager Terrence Moore

Moore got a 3.5% raise during Tuesday night’s city commission meeting.

Discussion was blessedly brief. Moore has held the job since August 2021, making him the longest-serving manager since David Harden. He retired in 2012 after 22 years.

Dramatic political shifts like the one from the March election can lead to needless upheaval. But Commissioner Thomas Markert, a member of that new majority, made the motion for the raise. Mayor Tom Carney, who also won his seat in March, noted that he had given Moore a “down the middle” evaluation—much like Markert. Carney said he was “happy” with the raise and looked forward to the commission getting into the “finer details” of policy.

Carney means the budget. In response, Moore has said he will move the first budget workshop meeting from June to May and keep commissioners informed as often as possible.

The generally positive comments could help staff morale. Carney, Markert and Juli Casale defeated opponents who were strong supporters of Moore. Then the commission delayed his evaluation from August. The unanimous vote on the raise, though, signaled stability. Delray Beach does not have elections until March 2026.

Delray to start holding city meetings earlier

Delray Beach commissioners voted to start meetings earlier. At Carney’s urging, they had moved the start time from 5 p.m. to 6 p.m. The mayor said more residents could attend.

Because of long discussions about two relatively minor development projects, however, Tuesday’s meeting lasted until nearly 10 p.m. Other commissioners pointed out that staff members were having to stay later and later after starting work in the morning.

High ratings for PBC education leaders

Speaking of evaluations, Palm Beach County’s highest-profile education leaders got raves from their bosses.

Two weeks ago, Schools Superintendent Mike Burke got a near-perfect ranking from school board members—4.8 out of a possible 5. It was the second straight year Burke got that high ranking. He has had the job since July 2021.

This county continues to escape the political turmoil that has beset many districts in Florida since the pandemic. Chair Karen Bill said, “Mike is one big reason. He has a low-key demeanor and a sense of humor.” His Burke at Work videos show him doing jobs for a day throughout the district. Brill said he also boosts employee morale by attending parties.

Having spent 15 years as the district’s chief financial officer, Burke knows everything about budgets and has good relations with business groups. The district continues to finish construction projects on time and on budget or under. When tax proposals are on the ballot—like this year—Burke can explain where every dollar would go and what it would accomplish.

Burke’s strong backing from the board began when Frank Barbieri was chair during the pandemic and pushed for Burke’s hiring. Brill notes that three seats on the seven-member board—including Barbieri’s—will change with this year’s election. One hopes that the new members will appreciate Burke just as much.

FAU Interim President gets a raise

Meanwhile, Florida Atlantic University trustees on Monday approved a raise and bonus for Interim President Stacy Volnick after Chair Piero Bussani rated her performance Exceptional.

Volnick will make $551,520 and get a $100,000 bonus. She has held the job since January 2023, serving this long after the Board of Governors aborted last year’s presidential search. The trustees extended Volnick’s contract through the end of next year “or the installation of a permanent president.”

Bussani credited Volnick for FAU’s “historic rise as a national brand.” In her self-evaluation, Volnick noted FAU’s record enrollment this year—31,165, not all full-time—and number of applications. The university had its second-best fundraising year. New dorms will open in the fall of 2026. FAU hired 46 faculty members as news reports showed professors leaving Florida.

Reading it all, you wonder why FAU is bothering with a search. The idea of offering Volnick the permanent job has arisen, but the trustees preferred to conduct a new search. Volnick can apply, but we won’t know if she did unless she becomes a finalist.

The uncertainty has prevented FAU from filling several vice-president positions. Search committee members say they won’t have finalists until early 2025. Around FAU, Volnick would be a popular choice. If Volnick doesn’t get the permanent job, her contract provides that she returns to her job as chief operating officer at a salary of $450,000.

Boca City Council seeking consultant to review TCAI plans

The Center for Arts & Innovation, photo credit RPBW

Boca Raton City Council members want a consultant to help them review plans for a performing arts center in Mizner Park. What kind of help? That seems unclear, based on the discussions I’ve heard.

What if, for example, the consultant disputes the estimated cost for the complex from The Center for Arts & Innovation? Whose numbers does the council accept?

The issue is on today’s council workshop agenda. I’ll have more after the meeting.

Randy Schultz

Author Randy Schultz

Randy Schultz, a native of Hartford, Connecticut, has been a South Florida journalist since 1974. He worked for The Miami Herald until 1976 and for The Palm Beach Post from 1976 until 2014, where he served as managing editor and editorial page editor. Since 2014, he has written a politics blog, commentaries and other articles for Boca magazine. His writing has earned first-place awards from the Florida Magazine Association and the Florida Society of Newspaper Editors. Randy has lived in Boca Raton with his wife, Shelley Huff-Schultz, since 1985. His son, daughter-in-law and their three children also live in Boca Raton.

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