Last Updated: 12:50 p.m.
Since Oct. 1 it has been illegal for the homeless to camp out or sleep on public grounds in Florida. The law authorizes counties to designate a local government property for use as a public camping or sleeping space for homeless individuals for up to a year–essentially, a safe, regulated space. But that can be expensive.
On Monday, the Flagler County Commission approved on second reading an ordinance that ratifies the state law, but without designating a safe space for overnight stays, though such de-facto campgrounds are well known to local authorities.
“We’re not addressing it other than that’s something the commission can do at a future date,” Commission Chair Andy Dance said. “Another one of those long-range plans.”
The law authorizes counties to designate such a place either in the county or in a city within the county, as long as the city agrees. But it’s not as simple as designating acreage for the purpose. But the authorization does not appear to have been designed to be easy to implement. According to a legislative analysis of the bill “if a county designates public property to be used for public camping or sleeping, the county must establish and maintain minimum standards and procedures related to ensuring safety, security, sanitation, mental health and substance abuse services coordination, and illegal substance and alcohol use prohibition.” There’s also a requirement for 24-hour security.
The requirements would make it “completely cost-prohibitive” for counties, says Carrie Baird, executive director of Flagler Cares, the social service agency, and a member of the Commission on Homelessness and Housing for Volusia and Flagler Counties. Members of that commission have had discussions about the new law and the provision for a safe space, but without seeing realistic ways to comply with the requirements without facing great costs. The estimate for such a space in Flagler County was around $1 million a year, Baird said.
“And of course none of that is funded by anybody,” Baird said. “I don’t think it’s just as easy as: You can camp here.”
A county does not necessarily have to abide by those provisions as long as the county can show that compliance would be a financial hardship. The county would have to publish those standards on its website, and grant the Department of Children and Families access to the site for inspections. DCF could order the facility shut if it doesn’t meet standards.
Also, the designated safe space must not be next to residential property or even acreage designated for residential property in the government’s comprehensive plan (even if nothing has yet been built there), and it cannot adversely affect nearby property values or the safety of existing residents. How to determine whether such a location would or would not have these effects is not specified in law. Residents and businesses may sue if they feel the law is violated at their expense.
But all of that is moot in Flagler County, since none of it is in consideration.
According to the January 2023 Point-In-Time Count, the annual census of the homeless ion Florida and across the country, 653,000 people were experiencing homelessness across the United States, including 30,756 in Florida and 1,053 between Flagler and Volusia counties. The number specific to Flagler was 61. About half the homeless are considered “unsheltered,” including those living in cars, parks, sidewalks, abandoned buildings or on the street. Point-in-time counts are generally undercounts: they only include totals of individuals actually sighted.
The County Commission discussed and approved the local ordinance in successive readings on Oct. 21 and last Monday. There was little discussion. Aside from Dance’s brief mention of the local option, there was no consideration of designating a public space, and the option was not even presented to the commissioners.
The local ordinance parallels the state law, specifying certain aspects of local authority. “It forbids people from camping on public property. It creates a process: They can be trespassed,” County Attorney Al Hadeed said. “They have the right to appeal that trespass. It goes to our special magistrate for adjudication. The county administrator is given the authority for a person under a trespass order to allow them, for good reasons, to be able to use the property for conducting governmental business or to express their First Amendment rights. So this basically tracks what the statute provides.”
Individuals will not be immediately trespassed. Individuals will first be warned and given the opportunity to leave before they are trespassed. In the county and Palm Coast, the Flagler County Sheriff’s Office will enforce the state law and the county ordinance. Palm Coast has not yet approved its own ordinance, though it is expected to soon.
There is a loophole in the state law, mirrored in Flagler County’s ordinance. If an individual has a properly registered vehicle, and the vehicle is parked in a public space, the individual may sleep in that vehicle and is not required to move it. “The legislation excludes it: lodging or residing overnight in a motor vehicle that is registered, insured and located in a place where it may lawfully be,” Hadeed said, is “exempt from this statute.”
“I do see that around the community, where there’s vans and other vehicles, it’s pretty clear, probably people living in them, unfortunately,” Commissioner Donald O’Brien said, though his sightings were on private property. He asked whether parking and sleeping in a public space is open-ended. The answer is not clear.
“We do have a promulgated policy that overnight parking at our county facilities is prohibited,” Hadeed said. “For example, this parking lot. We can’t have people parking overnight in order to quote camp or to sleep.” He was referring to the large parking lot around the Government Services Building and the courthouse in Bunnell, which specifically prohibits overnight parking. Overnight parking in county parks is also prohibited.
As of today, the county only has one option for housing the homeless, and only on nights when the temperature falls below 40 degrees. That’s the cold weather shelter financed in part by the county and run by The Sheltering Tree, the non-profit, out of Church on the Rock in Bunnell, off of U.S. 1. The shelter annually opens only a handful of nights, since the temperature doesn’t often fall below 40 degrees. Other than that shelter, the county has no other option for the homeless.
Because of that dearth of options, the homeless who turn up at Flagler Cares for services are not told what they’d rather hear. “Part of the conversation we have with anyone is: Are you willing to leave the county,” Baird said, “because the emergency shelters we have in our area are out of the county, and they have a waiting lists.” Most of the local homeless want to stay in Flagler, anyway, and “there’s not near enough resources even in that system in Volusia County or St. Johns County to serve everyone.” There are waiting lists.
Baird may be the leading authority on homeless issues and policy and among the leading authorities on housing issues in Flagler County, but she was not approached by the county or local cities as they’ve drafted their ordinances in line with the new law on sleeping in public. “Definitely we’re happy to be part of the conversation and the solution,” Baird said, “but nothing can really be done without some resource devoted to it, and the resources that come from the state or the federal government are just so minimal, and the agencies that get that funding, other than Family Life Center, are in Volusia County.”
Gaither Stephens says
Other than that JAIL, the county has no other option for the homeless.
There, I fixed it for you.
MeToo! says
I hope you never end up homeless then. You never know when it will be you…..
Noname says
I hope one day you wind up with nothing and only have those words to eat. Maybe it will change for you then. You never know someone’s happenstance as to why they ended up homeless. As someone who once was homeless with a child, I would never wish that struggle on anyone. I would never suggest that putting them in a jail cell would fix the “problem”.
Ken says
Maybe I am wrong but ….”I hope one day you wind up with nothing” and “I would never wish that struggle on anyone” (your words) seems a little counterintuitive to me. Just because others have nothing, and are struggling…for whatever reason, does that make it OK to hope/wish others fall into the same trap? I don’t believe so. Maybe a better solution would be to help the downtrodden acquire the necessities to substain themselves, and address their struggles, to help improve their lives.
Sally says
Why are homeless people in the State of Florida treated like they are not human beings? They are down on their luck so why are they treated so poorly by State and County Officials.
Is there no compassion in the Red State of Florida?
Steve says
Zero compassion for anyone. As all will see in the coming Months not one person will be immune to the trials and tribulations of our new Government.
Ric Flair says
I never heard Kamala yell to people that came to her concerts, “Are you better off than you were four years ago?”.If you work and are a legal citizen of this country, you will be just fine.
James says
Florida… the nexus, the center, el centro of the NEW Republican party… or perhaps, the NEW Republic.
Just say’n… what Rick Scott is say’n.
Pull Back From Doomscrolling says
I know people love doom posting but Trump is owned by corporations. He can only do so much damage before the stock market wobbles and scares the only thing that keeps America moving—capitalism. If no one has money, CEOs lose money. If people are strapped for cash, no one upgrades, does home improvement, etc. so corporations lose. He will push hard but at the end of the day, Trump is nothing more than a puppet to Peter Thiel, Elon Musk, and thousands of CEOs. America isn’t being run by a President, in 70+ days, we’ll be run by two South Africans.
Lucinda Glicksman says
Goodbye, democracy, hello kleptocracy. This will be America under Trump and his minions. 😢
Kathy West says
Totally agree!!!
Jay Tomm says
Ah no…..The vast majority of homeless people choose to be homeless. It’s a fact. It’s a lifestyle. I have worked with homeless people for 10 years in south Florida.
Wendy Parker says
The homeless need to go where there are counties with options to help them instead of begging on the corner. We have offered to take them and they declined stating they can make more money here in Palm Coast. I left Jacksonville for several things this being one of them and to retire. I don’t want funding for shelters when both neighboring counties already have the programs in place with established funding and population to support them.
Ross says
How many people are only a paycheck away from being homeless?
More than you know
Al says
All the truly concerned people should be willing to open their homes to the homeless. They always have deep sympathy for them but want them to go into someone else’s community.
All the bleeding hearts open your spare rooms or garages to the homeless then you’ll feel satisfied. I bet not a one of you are willing to do this.
Patriot says
How about you…Al? Or do you just finger point? Perhaps you are the “wretched refuse”
Mike says
I have a novel idea! Instead to standing at traffic lights at Boulder Rock and Palm Coast Pkwy looking for a handout, how about applying for work??? Damn, imagine that?? Home Depot, Lowe’s, Walmart, every fast food place are ALL hiring! At times in my life I worked two jobs to support my family! Leaving the answer to public programs, free housing, etc., doesn’t solve anything.
James says
One problem. The jobs at Home Depot, Lowe’s, Publix, etc… are intended for folks who DO have a home to go to at the end of the day.
Just an opinion.
CommonSense says
Former FL Deputy Sheriff here who has encountered hundreds of homeless.
This is a good thing for society! Homeless are often homeless by choice and poor decision making in their lives. Jobs are available but they choose not to work but instead beg for money as an eye sore to the public. Ask yourself, what kind of POS do you have to be that no one in your family will help you out, forcing you to be homeless? They’re homeless for a reason. I have sympathy for the truly down and out but zero tolerance for begging, sleeping on sidewalk with unsightly tents, and peeing and pooing on sidewalks. Just because you’re broke doesnt mean you have a ticket to behave like a wild animal. Look at Democrat cities throughout the country as an example of lawlessness. Homeless encampments in public areas lead to rising crime and are a detriment to the ecosystem. You can be compassionate towards them but compassion for working tax payers comes first. Thank you Flagler County for putting tax paying citizens FIRST.
Hookah Smoking Caterpillar says
100% this! I worked as a paramedic in Pinellas county for over a decade and have had thousands of encounters with the homeless and it is a mostly a choice. When offered to be taken to a local shelter they decline due to the rules, i.e. no drugs or alcohol. They also abuse the 911 and hospital system making up an illness in order to get their free sandwich. FCSO should go through all of the homeless encampments and clean the areas. I wonder how much illegal drugs they will find. The begging needs to be curtailed as well.
Tony Mack says
What a sick, heartless outlook. “They are homeless for a reason…” That’s what you believe. I’ll tell you why many of them are homeless…because many of them are combat veterans and their brains no longer can relate to ordinary life. Get a job, you people say — you wouldn’t hire some of these vets because they would scare the living daylights out of you.
They hear sounds when they close their eyes that you could never relate to; they hear the voices of their dead comrades, calling for them in the night; they are afraid of what they might do to hurt someone because they still live with the fear of an enemy closing in on them. You self-righteous, heartless people who sleep comfortably in your beds at night will never know the fear and anxiety of a veteran with PTSD. Get help from the VA you say? That would be nice but all those Republicans you elected are hell bent of destroying the VA, including our dear fellow veteran Waltz who voted to cut VA spending.
How do I know this? Because I am one and yes, I made it but many of my friends never did and never will. You people sleep tight — we gave that to you!
Duh says
You speak as if all homeless are Veterans; most are not. This argument is emotional and anecdotal. Veterans status is no exemption to acting like a decent American. I have sympathy for them and want them to succeed and be OK, but also not beg and commit crime. Veteran status is not a ticket to behave uncivilized.
Tony Mack says
One in four homeless people are veterans! That is a fact. They may not be aware of a way out; they may no longer care; they may think suicide is the best way out. Just tear up your DD214…you don’t deserve it.
The promise of the Veterans Administration — “To fulfill President Lincoln’s promise to care for those who have served in our nation’s military and for their families, caregivers, and survivors”. In Project 2025, Republicans call for an end of the VA…privatize it to make more money for the richest and provide less service to the vets. You voted for them — you live with it!
All the money those billionaires have…and they use it to elect a felon to the Oval Office. End of story, end of decency, end of Democracy.
Pogo says
@Tony Mack
Well said, and well done.
Most of these shits that trash talk the homeless are parading their own uncontrolled obsessive fear — that there, but for time and fortune, are they. Carlin summed it up:
“The upper class: keeps all of the money, pays none of the taxes. The middle class: pays all of the taxes, does all of the work. The poor are there…just to scare the shit out of the middle class.”
— George Carlin
James says
Glad to read that you’re retired.
Just another opinion.
Atwp says
Common sense, last time I checked Palm Coast is a Republican City. Don’t blame all this on Democrats. I guess Houston is a Democratic city. Republican cities have homeless too. Florida is a Republican State.
anonymous says
Being homeless is a terrible way to live. It’s to bad someone doesn’t buy the old hotel that is being fined a thousand dollars a day, and create a homeless center. Complete with drug rehab, counseling and job training skills. I know if I were rich that’s what I would do. Just my thoughts as someone that once lived on the streets.
Nazi victory says
Should be quite hilarious seeing people get what they voted for. Wait till the Maga find out who pays the tariffs lol. Let’s see if felon with an iq of a nickel can manage a poly crisis haha.
Duh says
Seethe and cope more, maybe FL ain’t for you; try the Left coast.
Michael John says
Here’s some information to help explain the complex issue. Last sentence says it all.
Studies show the homeless population is diverse, but some common factors contribute to homelessness:
* Poverty and Lack of Affordable Housing: A major factor is the inability to afford housing due to low wages, unemployment, or rising housing costs.
* Mental Health Issues: A significant portion of the homeless population experiences mental health disorders, often untreated.
* Substance Abuse: Substance abuse can contribute to or be a result of homelessness, creating a cycle that’s difficult to break.
* Domestic Violence: Escaping abusive situations can lead to homelessness for individuals and families.
* Trauma and Adverse Childhood Experiences: Past trauma, such as abuse or neglect, can increase vulnerability to homelessness.
It’s important to understand that the vast majority of people do not choose to be homeless. It’s often the result of a complex interplay of factors beyond their control. While there might be a small percentage who have adapted to a transient lifestyle, this is not the norm. Most individuals experiencing homelessness desire stable housing and a better life.
Randy Jatman says
Just because you CAN arrest people who are sleeping outside in public areas, some of which is owned by the cities or state. Which I thought belonged to the citizens of the state or country or whatever. Doesn’t mean you HAVE too. If there’s isn’t any money put aside or if that part hasn’t been taken care of yet , then just let people do what they do without messing with them. Let them sleep. I tell you what , I went homeless and lost my car in 24 hours. The hotel I was staying in since the hurricane was having issues because they weren’t up to code. So they closed it. I drove to days inn on destination Daytona and in 2 hours they towed my car for backing in a space to shine light on the building to see because it was pitch black. I had what I could fit in my car. I went inside , came back out to get my clothes and my car was gone. Everything was in it. Took it for being backed in. No sign anywhere except in the late night check in window. And I didn’t check in late night either. Every thing gone just like that. Days Inn didn’t help. Wyndham actually said that they can’t
Suddenly I’m walking around in the rain on December homeless with nothing. Lost my place and my car is a day
Celia Pugliese says
I find it ridiculous more expensive in a very soon to be situation given the new law, to have to arrest and jail the homeless and sustain them in jail. than building a homeless location if even a simple campground with bathrooms and showers and tents and campsites parking for vehicles attended by volunteers, with a large covered hall than can serve as cold night shelter in winter.
Security provided 24-7 by the sheriff services or less expensive security company. This campsite could become a nation wide and exemplary example and pride for our community. The new law bars them to be in our streets begging, so they will end up in the campsite and meals will have to be provided (as would be if jailed) . Very important they will have the campsite address to apply for jobs and get them. Mental health, medical, learning a skill also can be provided. Anyway as many say above they ended in the hospital when needed and we all pay for that too now. We have those volunteers lets give them at least a well set installed campsite to work and be part of the solution and their work at no cost to the taxpayers, https://flaglershelteringtree.com/, https://www.observerlocalnews.com/news/2022/jan/05/standing-o-michele-seyfert-leads-effort-to-provide-hot-meals-for-homeless-people/.
Just think about this is less expensive for us the taxpayers , put them in jail or in a humanly set up campsite were some can be rehabilitated? Lets do not forget that jails are a big business lately…for some and we pay for them: https://www.theguardian.com/us-news/2016/jun/16/us-prisons-jail-private-healthcare-companies-profit#:~:text=The%20companies%20making%20the%20most,increase%20on%20the%20previous%20year. We need to start using our brains to resolve a problem that affects us all not only the homeless. We see it daily driving to work or shopping and bothers us and should bother us enough to get a more economical and humane solution than jail, so expensive to taxpayers. Lets lobby our county and city to use some of our public land owned, for a campsite for those that fallen out of luck or are sick or in need of counseling and I know can be rehabilitated most of them. Ask Pastor Silano his own life experience and yes there is rehab for many: https://www.news-journalonline.com/story/news/2016/04/27/bunnell-ministry-aims-to-help-recovering-drug-addicts/30761041007/. Lets use our heads and think the most economical way to resolve this issue that should not cost us that overprice quoted million a year to run at all, as usual as any government bidding always too high. All the cities in our county will benefit from a very nice set and volunteer run campsite for those fellow Americans fallen into despair and lets do not give in to despairing, negative rhetoric. Fund raisings could be initiated as well to help along the way. Even those helped by staying in the campsite can be promoted to volunteering for landscape and maintenance for some monetary contribution, others that I bet have skills for arts and crafts can also be promoted to make and sale on site to help them self sustain. Lets never loose faith in rehab for all that need it, is part of our obligation as society members that we are: https://www.cbsnews.com/sanfrancisco/news/once-a-homeless-drug-addict-pastor-gives-hope-to-homeless/. So I ask our new commissioners elected Kim Carney and Pam Richardson and our new city council member Ray Stevens and Ty Miller and our new City Mayor Mike Norris take a realistic and humane look at resolving this issue. Regarding the overpriced county million a year cost lets remember that we the taxpayers provide the Flagler county with a 2025 $307,000,000 and PC $421,000,000. Also a simple campsite can be built by all the public works departments of all the cities and county public works as will benefit all and they can also all contribute to the simple installation of bathrooms with showers and a large open hall that can be enclosed with roll down enclosures for cold nights shelter and used during the day for a gathering for instruction, care and socializing. Energy should be mainly solar and provided by Elon Musk (Solar City now Tesla Energy) using our FL location for his Space X…just lets move his pride and beg him. Thank you all for reading and please lets THINK like IBM slogan reads.
Sherry says
@Celia, Michael John, Tony Mack and of course POGO. . . a Big Thank You for your compassion and reasonable responses along with all the thoughtful, researched suggestions. To those who heartlessly suggest that homeless people should be jailed . . . “Karma” always wins.
There but for the grace of a higher power goes each one of us. Randy Jatman. . . thank you for your courage to tell your story. Each one of us should read it again and again.
Unfortunately, I fear this is just the beginning of the “hate of the other”, fueled by the maga cult. I see zero compassion for poor and homeless people coming from trump or his supporters.
Celia Pugliese says
Please lets all use our brains about what is less expensive for us the taxpayers and more positive and human for rehab and reintegration into our community! Jail or at least a campground location in our current public vacant land owned. Just like Mr. Watson said in 1915: https://www.ibm.com/history/think
Problem solved says
Can’t the county start putting the homeless in the Dixie Hotel ? That would be a perfect place for extremely low income housing, mental hygene and drug rehabilitation.