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The Governor of Florida, Ron DeSantis, has approved a legislation that prohibits individuals who are homeless from sleeping in public areas during nighttime. This law aligns with a trend of other laws in the United States that aim to target those without housing.
The bill in Florida has been criticized for not tackling the underlying reasons for homelessness or offering more sustainable solutions. It makes it illegal to camp or sleep in public spaces, and also prohibits the use of bedding or pillows in any public property, including parks.
Instead, the legislation requires that local authorities establish “temporary campsites” in cases where existing shelters have reached their maximum capacity. This law will take effect in October.
During a press conference held on Wednesday, Mr. DeSantis emphasized that the new law is focused on “law and order” and aims to enhance the well-being of others.
“One should not be approached by a homeless person as often as we see,” he stated. “You should feel free to stroll down the street and go about your life.”
He stated that the law would prevent “homeless encampments” from disrupting the lives of its citizens or decreasing their quality of life.
The rule also mandates that local authorities designate specific locations for sleeping outdoors, and provide access to behavioral health services and bathrooms with functioning water. Failure to do so may result in businesses and residents filing lawsuits.
The executive director of the Homeless Services Network of Central Florida, Martha Are, has stated that the law has the potential to burden local governments with expensive lawsuits if they do not have sufficient funding to support shelters.
According to an op-ed in the Orlando Sentinel, if a city or county is unable to afford creating a designated area for homeless individuals, and if implementing this on a statewide level would exceed the entire state budget for homelessness, the proposed bills would allow any individual or business to take legal action against the jurisdiction if there are still individuals living on the streets.
The author stated that cities and counties must either detain all individuals on the street, which could result in civil rights lawsuits, or ignore the law and risk facing legal action.
On 20 March, Florida’s Governor Ron DeSantis enacts a law that prohibits individuals from sleeping in public areas.
The legislation in Florida, approved by the Republican-controlled legislature in the past month, was ratified just one month prior to the US Supreme Court’s upcoming hearing on a significant case. This case will determine if local authorities have the legal authority to make it a crime to reside outdoors and without shelter when there are no alternatives.
The upcoming Supreme Court case of Johnson v Grants Pass concerns a lawsuit brought forward by a collective of homeless individuals, challenging a city in Oregon’s restriction on public campaigning. It will be the first significant case in 40 years to address the issue of homelessness when it is presented to the justices on April 22nd.
A ruling by a higher court that overturns a lower court decision in support of Grants Pass city may greatly affect homeless individuals and could contradict prior court rulings stating that making homelessness a crime is considered cruel and unusual punishment, which goes against the Eighth Amendment.
The Miami police are communicating with a person experiencing homelessness prior to clearing a street in 2021. As per a recent law in Florida, which will take effect in October, individuals experiencing homelessness will not be allowed to sleep in public areas.
In recent years, the number of individuals without permanent housing in the United States has increased by over 8%, reaching a total of 653,000, according to the findings of the US Department of Housing and Urban Development’s most recent point-in-time survey conducted in January 2023.
The National Alliance to End Homelessness reports that over 50,000 individuals reside in Deep South states, such as Florida.
More than 30,000 individuals in Florida lack proper housing. This state has the third-highest percentage of homeless individuals in the country, with California and New York ranking higher.
In the previous year, the state of Georgia passed a law to enforce restrictions on camping in public areas, without conducting a prior analysis of its consequences. This affected over 12,000 individuals who were without a home in the state.
Though the rates are on the rise, state and local legislators have introduced approximately 36 proposals this year, inspired by draft laws from the Cicero Institute, with the intention of prohibiting homeless individuals from begging and camping in public areas.
Gina Azito Thompson, a policy analyst for the Southern Poverty Law Center’s Eradicating Poverty initiative and author of the report Sheltering Injustice: A Call for Georgia to Stop Criminalizing People Experiencing Homelessness, stated that there has been a significant increase in the number of individuals without homes and a corresponding rise in attempts to impose legal penalties on them. This phenomenon can be observed nationwide.
Azito Thompson stated that homelessness in itself can be a traumatizing experience. Instead of exacerbating this trauma by criminalizing the basic actions of sitting and sleeping, the most effective solution is providing individuals with resources and shelter.
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