A strict Florida ban on homeless people sleeping in public spaces will begin this week, as the state seeks to differentiate itself from Democratic states overwhelmed by homeless encampments and the crime and public drug use associated with them. 

The law, which will go into effect today, bans counties and municipalities from allowing anyone to “regularly engage in public camping or sleeping” on any public property — with exceptions for lawful motor vehicles or recreational camping in designated areas for it. 

Supporters of the law, such as Governor Desantis, say that it’s part of an effort to clean up public spaces and not allow sprawling encampments to undermine the public’s quality of life — while opponents argue it criminalizes being homeless and that the state should instead focus on finding affordable housing solutions.

The law comes as homelessness and how to address it have been a heated topic nationally, with the Supreme Court even weighing in on the topic in June in City of Grants Pass v. Johnson. The majority ruled that a city enforcing its own public camping ordinances — even in the absence of available shelter beds — is not unconstitutional cruel and unusual punishment towards homeless people. The court’s opinion in that case noted that the homeless encampments ravaging many cities have forced adults and children to “navigate around used needles, human waste, and other hazards to make their way to school, the grocery store, or work.” 

Nationally, homelessness last year reached a record-high — more than 650,000 people on a given night, according to one estimate, making the issue a central one across the country. Recent data reviewed and reported by the Wall Street Journal indicates that homelessness in 2024 is set to outpace last year, making it another record-high year. As states and cities grapple with solutions, Arizona is even considering a ballot measure this November that aims to compensate property owners, through tax refunds, if the government fails to enforce public nuisance laws. 

Florida’s law allows counties to designate certain areas for homeless people to sleep in, with approval from the state’s Department of Children and Families. Obtaining approval from the department for a public homeless encampment space would require the county to show that there aren’t enough shelter beds available, that the designated area wouldn’t affect nearby residential and commercial property value, or negatively affect children’s safety. 

The designated encampment areas, which are only allowed to continuously operate for a year or less, are subject to strict conditions including that the county provide clean restrooms and running water, ban illegal substance use and alcohol use, and provide access to behavioral health services. 

Another part of the law, which goes into effect on January 1, notes that residents, business owners, and the Attorney General can sue counties for damages if the county violates the law. The legislation notes that the provisions ensure the “health, safety, welfare, quality of life, and aesthetics of Florida communities while simultaneously making adequate provision for the homeless population of the state.”

Several Florida city mayors, Mr. DeSantis’s office, and the bill’s sponsor, state Representative Sam Garrison, did not respond to requests from the Sun for clarification about how the law would affect residents displaced from natural disasters such as hurricanes. Mr. DeSantis has said that the law will help prevent Florida from being overrun by the encampments. 

“We are not going to let Florida become San Francisco, where homeless are everywhere,” he said at a press conference earlier this year. In reference to California’s homelessness policies, he said it’s “false compassion to say that people can sleep everywhere, harass people coming by, use drugs, open-air drug markets and all this stuff. That is a society in decline when that becomes the norm.” 

Opponents of the law have argued that it misses the root issues causing the homelessness crisis. 

“Rather than criminalizing homelessness, lawmakers in Florida and in other states should consider other effective ways to prevent and address homelessness through the holistic approach of Housing First programs,” the Florida Policy Institute notes, adding that the belief behind Housing First programs is that “when a person does not have a safe and secure space to live, it makes addressing every other challenge in life much more difficult.”