Florida Governor Ron DeSantis signed a new bill into law on Wednesday that prohibits homeless individuals from sleeping in public spaces, such as sidewalks and parks. The bill, HB 1365, is set to take effect on October 1. DeSantis claimed the bill aims to address public safety and quality of life by ensuring homeless individuals in Florida have access to designated camping areas that offer services for substance abuse and mental health issues. Critics of the new law claim it fails to address the root causes of homelessness. 

The Florida Department of Children and Families will oversee the implementation of designated areas for homeless individuals, which governments will establish when homeless shelters reach full capacity. DeSantis claims these areas will provide essential services, including sanitation and security while prohibiting the use of alcohol and illegal drugs. Under the new law, designated camping sites must “not [be] contiguous to property designated for residential” living and must “not adversely and materially affect the property value or safety and security of other existing residential or commercial property … and would not negatively affect the safety of children.” 

DeSantis said of the bill’s passage into law:

Cities around the nation that have become overrun with homeless encampments have seen crime go up and quality-of-life go down. [Florida] has seen a decline in the homeless population between 2019-22 but we need to ensure that the streets, sidewalks and parks of our cities are entirely off-limits for camping. This bill accomplishes this and will help keep our communities safe.

DeSantis also added, “It is wrong to allow tent cities to be set up on public sidewalks and parks. Thanks to this legislation, it will now be illegal for local governments to [enact]…policies that undermine public safety and quality-of-life for their residents.” 

Criticism has emerged against the law from activists working to provide aid and support to Florida’s homeless population. Diana Stanley, CEO of The Lord’s Place in West Palm Beach, wrote in an editorial to The Palm Beach Post, “The bill, HB 1365, essentially orders cities and counties to snatch the homeless off city sidewalks, streets and park benches — of questionable legality at best — without providing additional resources to help with social services or housing, the real need.” The critics also argue that the law may exacerbate the situation for the more than 30,000 homeless individuals living in Florida by potentially infringing upon their rights and burdening municipalities with the cost of legal challenges.

Those opposed to the law suggest that the governor’s efforts would be better spent funding housing, mental health care and addiction treatment to better address some of the root causes of homelessness. 

In January, the US Supreme Court agreed to hear a case, City of Grants Pass, Oregon v. Johnson, which challenged the legality of ordinances that ban or heavily regulate homeless encampments on public land. It questions if such bans constitute “cruel and unusual punishment” under the US Constitution’s Eighth Amendment. The case is particularly relevant as cities, including Los Angeles, have begun to crackdown on homeless encampments on public land.