A look at how the new law banning Florida's homeless from sleeping in public works

Florida's homeless will be banned from sleeping on sidewalks and in parks and other public spaces under a law signed Wednesday by Gov. Ron DeSantis.

Here's a look at what the law means for the homeless in the state:

What is the bill?

Florida HB 1365, titled "Unauthorized Public Camping and Public Sleeping," prohibits counties and municipalities from authorizing or allowing public camping or sleeping on public property.

Homeless individuals are prohibited from camping on city streets, sidewalks, and parks and instead placed in temporary shelters monitored by law enforcement agencies under the new law, which takes effect Oct. 1.

Beginning in January 2025, the law will allow residents, local business owners and the state attorney general to file a lawsuit to stop any city or county from allowing the homeless to camp or sleep on public property.

The state Department of Children and Families will oversee local governments that set up designated areas for the homeless to camp for up to a year.

Anyone using those encampments would be prohibited from using alcohol or illegal drugs, with sanitation and security to be provided.

The encampments would be created if local homeless shelters reach maximum capacity, according a news release from the governor's office. The law requires regional entities to provide necessary behavioral treatment access as a condition of a county or city creating an encampment.

Support for the bill

DeSantis and lawmakers who support the bill say it promises the homeless greater access to services for issues such as substance abuse and mental health problems.

Allowing the homeless to camp in public spaces affects the local quality of life, can be a nuisance for businesses and makes it more difficult to deliver them needed services because they're scattered, DeSantis and other supporters of the measure said at a news conference in Miami Beach Wednesday.

“I think this is absolutely the right balance to strike,” DeSantis said. “We want to make sure we put public safety above all else."

During the Legislature's latest session, Florida's homeless population was estimated to be about 30,700 in 2023. That's a fraction of the homeless populations in many large U.S. cities, but the law's sponsors said it could worsen because of Florida's rapid population growth.

"This bill will not eliminate homelessness. But it is a start,” said Republican state Rep. Sam Garrison. "And it states clearly that in Florida, our public spaces are worth fighting for."

Opposition to the bill

Opponents of the law say it is meant to round up the homeless and hide them from public view.

"This bill does not and it will not address the more pressing and root cause of homelessness,” said Democratic state Sen. Shevrin Jones during a debate this year. "We are literally reshuffling the visibility of unhoused individuals with no exit strategy for people who are experiencing homelessness."

DeSantis, however, said the new law is a unique approach in pledging to provide the services that homeless people often need.

"This is going to require that the services are there to help people get back on their feet," the governor said. "I think it's important that we maintain the quality of life for the citizens of Florida."