The controversial, new Florida law banning sleeping and camping in public places just ramped up this new year, giving some Floridians the power to bring legal action against municipalities not complying with the mandate.
became effective on Oct. 1, prohibiting cities and counties from allowing people to sleep or camp in public, unless it鈥檚 in .
Starting Wednesday, a new provision in the law kicks in, allowing residents, business owners, or the Attorney General to bring civil action against local governments found to be in violation.
Those parties can document instances of people sleeping on public property and alert the applicable municipality. If the violation is not resolved within five days, that person can file a civil lawsuit. If the plaintiff wins, the court may award 鈥渞easonable expenses鈥� incurred during the civil litigation process, such as court costs and attorney fees.
What is it trying to accomplish?
This practice is not a common standard for Florida law, but State Rep. Chase Tramont, a Republican representing parts of Brevard and Volusia counties, said lawmakers are taking a preventative approach. He said municipalities have allowed homelessness to sprawl and should now be .
鈥淭he prime responsibility of any government is to protect its residents, but when you're allowing homeless camps to run rampant throughout the city, you're impacting the safety of the residents,鈥� Tramont said. 鈥淚t's going to impact businesses from operating freely and safely and from making a profit, not to mention what it can do to property values. It's not saying that people cannot be homeless, it's just that your homelessness cannot intrude on people who are trying to make a living and raise their families.鈥�
Some cited Florida鈥檚 tourism, housing, and commercial interests. Others cited the need to address issues of public sanitation and provide alternatives to living on the street for those experiencing homelessness.
鈥淚t does not ban homeless people,鈥� said Carolina Amesty, a GOP member of the state house who served Florida鈥檚 45th District until November 2024. 鈥淚t simply forces local municipalities to address the issue. There鈥檚 nothing compassionate about just letting people camp out under an overpass or live on the sidewalk.鈥�
READ MORE: 'Anything Is Good': A real life fall from wealth to homelessness in Miami Beach
According to the U.S. Department of Housing and Urban Development, . In Central Florida, the last point-in-time count , though that number is likely even higher, as the federal count does not include transient people staying in hotels or with relatives and friends.
The law鈥檚 potential risk of financial impact via lawsuit payouts was included to further urge municipalities to take action on the growing crisis. According to local attorneys, most jurisdictions have resorted to relocating unhoused people under 鈥渢hreat of arrest.鈥�
Jackie Ebert, an attorney in Orlando who works closely with HSNCFL providing legal aid, said a lot is still unknown about how any civil suits would play out, including how courts might handle the vagueness in the law. She said local municipalities are trying to avoid finding out in court.
鈥淲e have already seen a local impact in response to the threat of potential suits. Specifically, in Central Florida we've already seen jurisdictions feel pressured to pre-emptively enact or explore enacting what they are calling homeless sleeping bans, mirroring the state law, in hopes of avoiding lawsuits,鈥� Ebert said. 鈥淯nfortunately, we know that arresting people who are experiencing homelessness only makes it harder for them to ultimately regain housing and that jail is more expensive than actually paying to house people.鈥�
What are some experts saying?
While supporting lawmakers said the statute is aimed at helping the homelessness crisis in the state, fund long-term solutions, and in the short term, can become more detrimental for unhoused and unsheltered people.
After lawmakers received harsh criticisms for the lack of funding provisions in the new mandate, some jurisdictions enact the law. However, many have said that is barely enough for even one county to fix the problem.
Tramont said charities are the ones who should be handling homelessness issues 鈥� places like churches and other non-commercial organizations. Local nonprofits aimed at assisting those experiencing homelessness disagree and have called for more government support to fund solutions.
Eric Gray, executive director of the Christian Service Center for the Homeless in Orlando, said his organization is at capacity. His staff helped nearly 1,240 adults and children experiencing homelessness this year 鈥� a 62% hike from 2023.
鈥淭he insanity is the most alarming,鈥� said Gray of the new law. 鈥淲e鈥檙e just saying, 鈥楾here's no place for you here.鈥� You compare 60,000 foreign refugees to 631,000 homeless adults, and in my mind, that reclassifies homelessness in the United States, not as a problem we've had all along, but as a domestic refugee crisis on a size and scope we have not seen since the Great Depression. We have more percentage of the population experiencing homelessness today than we did then.鈥�
What are the alternatives?
, municipalities will have to build more shelters or provide more affordable and transitional housing, which consume time, money, and need community cooperation.
The alternative is designated zones where people can sleep and camp, as long as they meet the state鈥檚 minimum standards. These include safety and security, sanitation, access to restrooms and running water, behavioral and mental health, as well as substance use services, coordinating inspections with the Department of Children of Families, among many others.
With these challenges, people like Martha Are, the CEO of the Homeless Services Network of Central Florida, said populations. This new provision, she said, might increase that, especially when many see being put in jail as an acceptable alternative to being unhoused.
鈥淥ur jails are one of the largest behavioral health providers in the region, and I think we can do better,鈥� Are said.
Are said HSNCFL has been conferring with lawyers about what to expect this year and that most local officials are taking a 鈥渨ait and see鈥� approach.
Lillian Hern谩ndez Caraballo is a Report for America corps member.
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