Gov. Ron DeSantis signed a law that takes homeless individuals off Florida’s streets and places them in encampments monitored by law enforcement.
The shortsighted law neglects individual circumstances and fails to adequately address the complex set of social, economic, legal and health issues that homeless people are enduring.
House Bill 1365 bans homeless people from camping or sleeping on public property starting on Oct. 1. This legislation is not a viable long-term solution because it does not address the root causes of homelessness.
According to one of the bill’s legislative advocates, HB 1365 allows local jurisdictions to decide what, if any, criminal penalties to impose on homeless individuals who violate the law. Local officials must carefully consider the consequences of enforcing this law. Criminalizing anyone who cannot access a shelter or who chooses not to go to a shelter fails to protect human dignity and minimizes one’s value as a person.
In addressing the global issue of homelessness, the United Nations points out that the right to adequate housing should not be disconnected from the right to life, specifically a life with dignity. Human rights advocates argue that the “criminalization of homelessness” deprives people of these essential rights.
In April, the Supreme Court will hear a case brought forth by the state of Oregon to consider whether ordinances banning homeless people from camping or sleeping on public property constitute “cruel and unusual punishment.”
The Court’s decision will impact situations involving homeless people using public property for protection when public shelter is unavailable. Given that the Supreme Court case could alter how states and cities manage homelessness, Florida’s law is premature and may need to be altered before its implementation date.
In the state of Florida, the 2023 homeless population was estimated at 30,700, the third-highest number of homeless people in the United States. California leads the United States in homelessness, accounting for 49% of homeless people in the nation. Florida and California are the third and first most populated states in the union, respectively.
Florida’s legislators cast homeless people as lawbreakers and eyesores rather than humans challenged by poverty-induced circumstances. Poverty and homelessness are public health issues, not crimes. Experiencing homelessness reduces life expectancy by about 30 years for the average American.
From an economic perspective, criminalizing homelessness burdens municipalities with the costs of potential lawsuits. Starting at the beginning of next year, Florida’s new law allows for the filing of lawsuits against cities or counties that allow homeless individuals to camp or sleep on public property.
The funding and resources needed to create additional housing and supportive care are very cost-prohibitive to rural Florida. Such areas do not have to comply with the law’s public camping provision if they show that compliance creates a “fiscal hardship.”
The inconsistent jurisdictional implementation of this law will result in a redistribution of the homelessness problem in Florida, forcing people to shelters in designated areas where “fiscal hardship” is not proven. These legislative flaws reveal the lack of a strategic plan to help people exit a state of homelessness and support themselves.
The United States Interagency Council on Homelessness calls similar laws to HB 1365, “out-of-sight, out-of-mind” laws. The priority is not solving homelessness but instead channeling more people to incarceration to clear and clean up public outdoor spaces.
Failed policies and underfunded programs exacerbate a shortage in affordable housing, leaving homeless individuals marginalized. Investments must be directed towards social impact agencies that provide multidimensional housing programs with job-readiness training, life skills instruction, behavioral health services and community engagement opportunities.
Legislators are enabling and attempting to solve a crisis with punitive and unsustainable solutions. They must instead focus on breaking the cycle of homelessness and implementing long-term humanitarian solutions across the spectrum of socioeconomic, legal and health issues faced by Florida’s homeless population.
