A new law in Florida that criminalizes sleeping in public spaces, set to take effect next month, is projected to lead to numerous lawsuits without addressing the state’s homelessness crisis, according to Fort Lauderdale Mayor Dean Trantalis. The legislation, signed by Republican Governor Ron DeSantis in March and effective from October 1, requires municipalities lacking sufficient shelter capacity to create designated encampments for individuals experiencing homelessness.
During a heated Fort Lauderdale city commission meeting last week, a variety of proposals were discussed, including establishing camps in unexpected locations such as the parking lot of a soccer stadium or the roof of city hall, and even offering one-way bus tickets to the unhoused for travel out of state. However, no decisions were made.
Trantalis expressed frustration that the state imposed strict mandates without providing support to help cities meet these new requirements. He emphasized the city’s commitment to enhancing its police and outreach efforts for the homeless, noting that staff in these areas have doubled in the past year. Yet, he described the state’s requirements as a heavy burden.
Statistics reveal that the population of unsheltered individuals in Fort Lauderdale nearly doubled from 2022 to 2023, contributing to an 18.5% rise in homelessness throughout Florida and a 12% national increase. Trantalis voiced concerns that a provision in DeSantis’s law, which allows private citizens to sue municipalities failing to manage encampments, could divert funds away from services for the homeless.
“Any private citizen can sue if the city fails to remedy an encampment situation,” he stated, predicting a surge in lawsuits that would not benefit those experiencing homelessness.
Advocates for unhoused individuals share similar concerns. Diana Stanley, CEO of The Lord’s Place, one of the largest homeless shelters in Palm Beach County, criticized the law for placing the financial burden on local governments while exposing them to potential financial penalties for non-compliance. She called for collaborative solutions rather than punitive measures.
Trantalis also noted a lack of cooperation from law enforcement and the judicial system in establishing a protocol for handling public sleeping following the law’s enactment. Broward County Sheriff Gregory Tony recently published an op-ed stating that homelessness should not be treated as a crime and that jails should not be part of the solution.
Despite this, Trantalis clarified that the original aim was not to criminalize the homeless but to facilitate access to shelter and social services through temporary measures like the jail system.
Ron Book, chair of the Miami-Dade Homeless Trust, acknowledged the needed conversation around homelessness sparked by the law but expressed that encampments are not a viable long-term strategy.
Legal experts express concern that the new law represents an overreach by the state, removing decision-making power from local authorities regarding homelessness. Stephen Schnably, a law professor at the University of Miami, noted that the legislation fails to provide critical state funding to genuinely address homelessness.
Schnably highlighted the impracticalities of implementing encampments under the law’s restrictions, pointing out that they lack a feasible solution for individuals in need of stable housing.