New Florida State Law ‘Criminalizes’ Homelessness

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Florida’s Republican Governor Ron DeSantis signed a bill requiring local governments to relocate homeless individuals to designated accommodations where they could receive essential services and resources. The bill requires counties and cities to designate areas for homeless encampments if there are insufficient shelters for the population.

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Additionally, the bill also allows citizens, business owners, and the attorney general to sue local governments if they do not follow the dictates of the law. Desantis has signaled that state funds could be awarded to assist local governments in carrying out the law. Residents living in cars are exempt from the new regulations.

Policies Addressing Homelessness Across the Nation

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image credit: Dmytro Zinkevych/Shutterstock

Lawmakers across the country are stumped on the best way to humanely and responsibly handle a growing homeless population in desirable communities. The Supreme Court is set to hear a case this year involving an Oregon ordinance ticketing people for sleeping in public places. It is instructive to learn how different red and blue states are innovatively addressing the needs of public safety and dignity amongst their housed and unhoused residents.

The Unauthorized Public Camping and Public Sleeping Bill

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The Florida law, known as HB 1365 or the Unauthorized Public Camping and Public Sleeping bill, was officially signed into effect during a press conference held in Miami Beach in March. This event saw Governor DeSantis flanked by prominent local figures, including the city’s mayor and Florida House Speaker Paul Renner, as he announced the details of the legislation.

Objective and Implementation Date

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Scheduled to take effect on October 1, the bill outlines a comprehensive strategy for relocating individuals experiencing homelessness to designated accommodations. These special arrangements are to offer essential services and resources, aimed at both aiding the homeless and maintaining public order.

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A unique aspect of the bill is its provision allowing citizens to take legal action against local governments that fail to actively move homeless individuals from public areas. This measure introduces a new layer of accountability for municipalities in handling homelessness.

DeSantis’s Commitment to Quality of Life

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During the bill’s announcement, Governor DeSantis emphasized Florida’s dedication to upholding law and order while ensuring the well-being of homeless individuals. He highlighted the contrast between Florida’s proactive approach and the challenges faced by other states with visible homeless encampments affecting residents’ quality of life.

Requirements for Counties

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The legislation mandates that counties without sufficient shelter space must identify public land for the establishment of homeless encampments. These areas must be strategically located away from residential neighborhoods to minimize impact.

Standards for Designated Encampments

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The law sets clear standards for the newly designated encampments. Requirements include the provision of clean water, operational sanitation facilities, and effective security measures to prohibit the entry of drugs and alcohol. Additionally, these camps must offer access to mental and behavioral health services.

Funding and Support

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While the bill does not specify the financing of these services, Governor DeSantis has expressed openness to assisting municipalities with funding for shelters and mental health care. This statement suggests a commitment to supporting local governments in implementing the bill’s requirements.

Consequences for Non-Compliance

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Counties and cities that do not comply with the law open themselves up to potential lawsuits. Property owners, residents, or even the attorney general can sue if homeless individuals are found sleeping in unauthorized public areas, with a stipulated time frame for relocation to avoid legal repercussions.

Criticism from Local Leaders

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The bill has faced criticism for not addressing the underlying causes of homelessness and for placing additional burdens on local governments. Palm Beach County Mayor Maria Sachs articulated concerns about the state government’s approach, fearing it might lead to unnecessary legal challenges against municipalities.

Exemptions within the Bill

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A notable exemption in the legislation is for individuals sleeping in legally parked vehicles who are not subject to the bill’s provisions. This clause offers a measure of leniency within the otherwise stringent regulations.

The Bill’s Broader Impact

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As the October 1 implementation date approaches, the bill stands as a testament to Florida’s resolve to tackle homelessness in a structured and accountable manner. It reflects a balancing act between maintaining public order and providing necessary support to the homeless.

Looking Ahead

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The enactment of HB 1365 opens a new chapter in Florida’s approach to handling homelessness. With its focus on relocation, accountability, and support, the bill sets a precedent for other states grappling with similar issues.

Conclusion

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image credit: NayaDadara/Shutterstock

Governor DeSantis’s signing of the Unauthorized Public Camping and Public Sleeping bill marks a significant policy shift in Florida. By addressing homelessness through relocation, resources, and legal mechanisms, Florida aims to ensure a better quality of life for all its residents while tackling the complexities of homelessness with compassion and determination.

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