Florida’s Homeless Law Takes Effect: Public Sleeping Banned

Florida’s new law aimed at addressing homelessness has officially come into force, making it illegal for individuals to sleep or camp on public property. The law, known as Statute 1365, prohibits homeless individuals from occupying public spaces without designated areas for shelter.

Key Provisions of Statute 1365

Under the provisions of Statute 1365, counties and municipalities are forbidden from allowing individuals to camp or sleep regularly on public land, including public buildings and rights-of-way. Miami-Dade County’s Mayor, Daniella Levine Cava, outlined these regulations in a memo to the Board of County Commissioners, emphasizing the law’s restrictions.

Starting January 1, 2025, municipalities that do not comply with the law within five days of a written complaint could face legal action from residents or the Florida Attorney General. This adds pressure on local governments to find viable solutions for accommodating their homeless populations.

Requirements for Designated Camping Areas

The law mandates that municipalities establish designated camping areas approved by the Florida Department of Children and Families. These areas must provide essential services such as security, behavioral health support, and bathrooms with running water, aiming to create safer and more humane conditions for the homeless community.

City Responses: A Mixed Bag

In response to the law, Pensacola’s Mayor D.C. Reeves announced plans to allocate $1 million in American Rescue Plan Act funds to purchase small, semi-permanent shelters. Reeves stressed that simply arresting homeless individuals is not a viable solution, advocating for the faster implementation of additional housing units instead of traditional low-barrier shelters.

Previously, Reeves had considered a low-barrier homeless shelter, but the high startup costs—estimated between $2.19 million and $3.47 million—led to a reevaluation of that plan.

Skepticism from Local Agencies

Not everyone is convinced that the new law will effectively tackle homelessness. Ron Book, Chairman of the Miami-Dade County Homeless Trust, expressed doubt about the efficacy of sanctioned encampments, stating, “We reject sanctioned encampments and believe there is no evidence that they reduce homelessness.” He emphasized a commitment to long-term solutions and partnerships to address the issue more effectively.

Rising Homelessness Rates

The concerns about homelessness in Florida are underscored by recent data indicating a 2% increase in homelessness in the City of Miami, City of Miami Beach, and Miami-Dade County since 2023. This trend highlights the urgency for effective measures as the Miami-Dade County Homeless Trust prepares to conduct another annual census in January, as required by the U.S. Department of Housing and Urban Development.

Conclusion

As Florida navigates the implications of Statute 1365, the debate continues over how best to support individuals experiencing homelessness while balancing community concerns. The success of this new law and the approaches adopted by local governments will be closely watched in the coming months.

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