DeSantis Cracks Down: Florida Bans Homeless People from Sleeping in Public
Ron DeSantis, Florida’s Governor, signed a new law prohibiting cities and counties from allowing individuals and families to sleep or camp on public property. The new bill, officially known as HB 1365, is titled “Unauthorized Public Camping and Public Sleeping.”
The new law gives the state power to make sure local governments follow the rules and use homeless shelters to give people the safety and services they need. It authorizes the Florida Department of Children and Families (DCF) to inspect public properties and issue notices to campers and sleepers.
This “will help maintain and ensure that Florida streets are clean and that Florida streets are safe for our residents,” DeSantis said during a press conference at a Greek restaurant in South Miami Beach.
DeSantis emphasized that he does not want any Florida community to experience the same homelessness issues seen in some West Coast cities, particularly San Francisco.
DeSantis stressed the importance of governing the state in a way that prioritizes law-abiding citizens, families raising children, and retirees. He criticized other states for allowing their situations to spiral out of control. “They let the inmates run the asylum, ” he said. “That doesn’t work.”
Critics argue that the new law criminalizes homelessness. However, the law does not specify what will happen to people who refuse to leave public property when asked by law enforcement.
The law does allow counties to create designated areas for the homeless for up to one year, but only if they meet specific criteria. These include proving there aren’t enough available beds in homeless shelters, ensuring the area will not negatively impact the value, safety, or security of nearby properties, and providing access to clean restrooms, running water, and treatment for substance abuse and mental health issues.
If these requirements are not met, local residents, business owners, or the Attorney General can take legal action. Certain counties in rural areas of Florida are exempt from the law.
According to the most recent annual report from Florida’s Council on Homelessness, there were 30,809 individuals identified as homeless during the last “Point in Time Count,” based on data from January 2023. This marks a 19.1% increase from the previous year. This increase is most likely the result of the rising cost of housing.
The U.S. Department of Housing and Urban Development’s Annual Homelessness Assessment Report, released in December 2023, lists the Florida counties of Hardee, Hendry, and Highlands as having the second-highest rate of unsheltered homelessness in the country.
Miami Beach Mayor Steven Meiner expressed support for the new law, noting that Miami Beach passed its own ordinance last year allowing law enforcement to arrest homeless individuals if they decline placement in a shelter. He emphasized that the law is “compassionate” because it includes funding for substance abuse and mental health treatment.
The law signed by DeSantis also allocates tens of millions of dollars in the 2024 state budget for homeless initiatives, though the governor must still approve this funding.
Representative Sam Garrison, a supporter of the legislation, said during Wednesday’s event that the law is about protecting Florida’s public spaces. “Our parks, our libraries, the sidewalks we walk down. These things are worth fighting for,” he said.
The law will take effect on October 1, 2024. However, part of it related to specific lawsuits will not go into effect until January 1, 2025.
Broward County Democratic state Senator Rosalind Osgood, who has previously shared her personal experience with homelessness, voiced her concerns about the law.
“It’s imperative to recognize that behind the statistics and legislation, we are dealing with real people facing real struggles,” Osgood said in a statement. “This approach strips away the humanity of those enduring homelessness, exposing homeless women and children to even more dangers.” Osgood also believes that the law also overlooks the unique challenges faced by homeless individuals on the Sexual Predator Registry, who cannot reside in camps alongside children.”