Florida’s Public Sleeping Law Sparks Controversy Amid Fears of Lawsuits and Inaction on Homelessness Crisis
A new Florida law, set to take effect next month, criminalizes sleeping in public spaces and is already drawing sharp criticism from local officials and advocates. This law, if implemented, could lead to increased criminalization of homelessness, pushing more people into the criminal justice system. Fort Lauderdale Mayor Dean Trantalis has warned that the law will likely lead to a flood of lawsuits without addressing the root causes of the state’s growing homelessness crisis.
Contentious Debate in Fort Lauderdale
Various proposals to address homelessness were discussed in a heated Fort Lauderdale city commission meeting last week. Ideas ranged from setting up camps in the parking lot of David Beckham’s soccer stadium to utilizing city hall rooftops or providing one-way bus tickets for the unhoused to other states. Despite these discussions, no formal actions were taken.
Trantalis emphasized that Fort Lauderdale is struggling to comply with the bill signed by Republican Governor Ron DeSantis in March. The bill mandates municipalities with insufficient shelter capacity to establish encampments for unhoused individuals by October 1.
“The city is at an impasse because the state handed communities this draconian mandate without providing the necessary remedies to fulfill their expectations,” said Trantalis. The mandate, which requires municipalities with insufficient shelter capacity to establish encampments for unhoused individuals by October 1, is seen as an “onerous burden” on local governments. Trantalis added that the law has hindered the city’s efforts to enhance homeless outreach programs and law enforcement.
Rising Homelessness and Looming Lawsuits
The mayor’s concerns come against a backdrop of a pressing homelessness crisis in Fort Lauderdale, where the number of unsheltered people nearly doubled between 2022 and 2023, contributing to an 18.5% increase statewide. Nationally, homelessness is up by 12%, underscoring a growing crisis that demands immediate attention.
Adding to the financial burden, a provision of the law that takes effect in January will allow citizens to sue municipalities that fail to curb rough sleeping, creating what Trantalis calls a “cottage industry” for litigation against local governments. This could lead to a significant diversion of funds from homeless services to legal battles, potentially reducing the resources available to help those in need.
Advocacy Groups Sound Alarm
Diana Stanley, CEO of The Lord’s Place, a prominent homeless shelter in Palm Beach County, echoed these concerns, arguing that the bill places the burden of housing the homeless squarely on local governments, leaving them vulnerable to financial penalties.
“We should be working together to find solutions, not resorting to punitive measures,” Stanley said, highlighting the potential for collaborative efforts to address the homelessness crisis.
Law Enforcement Pushback
Law enforcement has also pushed back against the law. Broward County Sheriff Gregory Tony stated that he instructed deputies not to jail individuals for municipal ordinance violations related to homelessness. “Homelessness is not a crime, and the county jail system is not a solution,” he wrote, stressing that arresting homeless individuals is not a viable or humane option.
However, Trantalis argued that temporary jail accommodations were intended to provide shelter and connect individuals with social services rather than criminalize homelessness. He lamented the lack of cooperation from the judicial system and law enforcement in developing protocols for handling the new law.
Experts Criticize the Law’s Approach
Legal experts have criticized the law as a power grab by the state. Stephen Schnably, a University of Miami law professor, pointed out that the legislation removes local governments’ discretion in addressing homelessness and places the burden on municipalities without offering state funding.
“If the state were serious about solving homelessness, there would be a comprehensive plan, not just the threat of lawsuits,” Schnably said, emphasizing the need for a strategic and comprehensive approach to tackling homelessness.
Conclusion: A Law Dividing Communities
As the October 1 deadline approaches, cities like Fort Lauderdale face an uncertain future in dealing with homelessness. While the law is intended to address the issue, critics argue that it fails to provide long-term solutions, instead putting additional pressure on already strained local governments.
The debate is far from over, as cities scramble to comply with the law while avoiding the legal battles and public outcry that seem inevitable.