Beginning on January 1, 2025, one of the most stringent laws within the United States will take effect concerning homelessness in Florida. It will make it illegal for anyone to sleep on areas such as sidewalks, parks, and other communal open spaces. This has triggered an outcry over how such a law can be implemented effectively on the homeless and in general society.
Overview of the law
Now, the policy, codified as HB 1365, bans camping and sleeping on any public property in Florida. Local governments must act against homelessness by imposing restrictions against homeless people.
Governor Ron DeSantis signed this policy into law in March 2024; it went into effect on October 1, 2024. The policy calls on cities to identify areas where homeless people can sleep-only if they meet criteria imposed by the Florida Department of Children and Families.
Key provisions of the bill would include the following:
- Public sleeping: A prohibition against sleeping or otherwise reclining in outdoor public places, such as sidewalks, parks, and areas adjacent to public buildings.
- Designated encampments: “Local governments may create temporary encampments for homeless individuals when an insufficient number of shelter beds are available. Camps must be secure, alcohol- and drug-free and contain sanitation facilities.
- Legal consequences: Starting in 2025, citizens and businesses may sue municipalities that fail to enforce the law.
The new law attempts to balance concerns about public safety with what seems to be a more orderly way to handle homelessness.
Intent of the law
Backers point to the bill as a needed reaction to rising concerns of public safety and quality of life in communities across Florida, and sleeping in public, they say, is a danger not only to homeless people themselves but also to families and businesses in those neighborhoods. The bill’s primary sponsor, Sen. Jonathan Martin, said the law is intended to “provide safer locations for people than sleeping at places such as parks or under overpasses.”
Furthermore, Governor DeSantis has declared his own support for the law, contending that it strikes a delicate balance between keeping people safe and addressing homelessness. He says such a measure will keep homeless people receiving essential services while minimizing their presence in public view.
Criticism and concerns
However, many advocacy groups and political foes have attacked the law as grossly misguided. Critics also say it fails to address the root causes of homelessness, offering only to “sweep” homeless people out of sight rather than actually solving their problems.
Among the concerns are the following:
- Insufficient resources: The enforcement of this law has been precarious in many localities because there is a lack of resources to carry out the many requirements. Critics note that Florida has set aside only $30 million statewide to support cities in compliance with the new regulations, which for many does not match the size of homelessness.
- Increased criminalization: Using the law to combat homelessness, opponents say, criminalizes it more. The main reason is that if sleeping in public spaces becomes illegal, the state could end up arresting or fining people for having no shelter instead of offering them help.
- Impact on the vulnerable: Advocates say many homeless are vulnerable because of mental illness, domestic violence, or economic hardship. This new law will only make their lives more miserable by forcing them deeper underground or being afraid to seek help.
Local responses and alternatives
Because of this action, local municipalities across the state are considering several approaches to better address homelessness. Some are brainstorming creative ideas, from hotel conversions into shelters to creating lots for people who live in vehicles and among them:
- Miami-Dade is considering an idea to purchase tiny prefabricated homes as a sustainable solution to house its homeless.
- Broward County has also suggested that temporary encampments can be formed with certain conditions, given shelter capacity is met or surpassed.
For all these above-mentioned efforts, several local leaders remain in doubt that this will ever suffice to overcome the challenges this new law will bring on board.
