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Ban on Homeless Sleeping in Most Public Places Among 34 New Florida Laws Going in Effect Oct. 1

September 24, 2024 | FlaglerLive | 6 Comments

homeless ban
Banned. (© FlaglerLive)

Nearly three dozen new state laws will take effect Oct. 1, including a contentious measure that will limit where homeless people can sleep.

Other measures include creating a license plate for Parrot Heads living the life of the late singer Jimmy Buffett and requirements about flood disclosures for home buyers.

In all, 34 laws that passed during the 2024 legislative session will take effect, with the homeless changes (HB 1365) drawing the most attention.




“Florida has chosen to reject comfortable inaction and tackle this problem head on,” House bill sponsor Sam Garrison, R-Fleming Island, said in June after the U.S. Supreme Court upheld the constitutionality of an Oregon city’s ordinance cracking down on public camping.

The new Florida law bars local governments from allowing people to sleep at places such as public buildings and in public rights of way. Local governments would be allowed to designate areas for homeless people to sleep.

Another part of the measure will give legal standing to residents and business owners to file civil lawsuits against local governments that allow sleeping or camping on public property. That part of the law will take effect Jan. 1.

Communities have scrambled in recent months to try to comply with the law. Fort Lauderdale Mayor Dean Trantalis said he hoped Gov. Ron DeSantis would delay enforcement.

“We’re doing our best to try to address it. We’ve staffed our police department, our civilian homeless outreach program, we’ve doubled it this past year, because we feel it’s a priority,” Trantalis said during a Sept. 1 meeting. “But the mandate from the state is an onerous burden.”




Miami-Dade County has considered “tiny houses,” managed by a homeless agency, the Homeless Trust, as emergency accommodations to limit the impact of the changes on jails.

Jacksonville rolled out a $13.6 million plan to address the law that included a point person in the mayor’s office to address homeless issues, expanded outreach teams and an increase in beds at shelters.

“It’s not just about keeping people off the streets. It’s about making sure they can become viable members of our society,” Mayor Donna Deegan said in July.

Most bills passed during this year’s legislative session took effect July 1, including the budget for the 2024-2025 fiscal year. Here are some of the other measures that will take effect Oct. 1:

— HB 403: Creates several potential new license plates, including a “Margaritaville” plate — in honor of Buffett — to benefit the SFC Charitable Foundation, Inc. Other potential new plates include Universal Orlando Resort;” “Support General Aviation;” “Recycle Florida;” “Boating Capital of the World;” and “The Villages: May All Your Dreams Come True.”

— HB 549: Makes it a third-degree felony to be part of a group of five or more people who overwhelm a merchant to conduct retail theft.

— SB 718: Makes it a second-degree felony for people who possess fentanyl or similar drugs that result in first responders suffering overdoses or serious injuries.




— SB 758: Makes changes to laws about using tracking devices, with exemptions provided under certain circumstances for law-enforcement officers, parents of minors, caregivers of seniors and vehicle owners.

— SB 764: Requires medical facilities and rape crisis centers to transfer sexual-assault evidence kits to the Florida Department of Law Enforcement within 30 days.

— SB 1036: Increases criminal penalties for immigrants who are arrested for felonies after illegally re-entering the U.S. following deportation for earlier crimes.

— HB 1049: Requires disclosing information to home buyers such as whether the properties have had flood damage and notification that homeowners’ insurance policies don’t include coverage for flood damage.

— HB 1235: Makes a series of changes related to sexual offenders and sexual predators, including changing requirements about reporting to authorities at least 48 hours before moving to another state.

— HB 1389: Makes changes related to digital voyeurism, including increasing criminal penalties if offenders are age 19 or older and are family members or hold positions of authority over victims.

— SB 1628: Includes requiring local governments to complete business impact statements before adopting comprehensive plan amendments and land development regulations.

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Reader Interactions

Comments

  1. Poverty is not a crime says

    September 24, 2024 at 1:17 pm

    GOP criminalizing poverty at a time when poverty is rapidly increasing. Maybe ban corporations from buying single family homes and pricing out the little guy not punishing them for being poor. GOP (greed over people)are the real criminals .

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  2. R.S. says

    September 24, 2024 at 3:39 pm

    Perhaps the pressure will push communities to build housing–tiny houses, perhaps–for the homeless; in that case, I suppose that these rules may have a silver lining. However, if that was the intent, it could have been framed so much nicer if there had been incentives and support from the state, instead of the rod of wrath. However, I would have been truly surprised if the ruling party had actually acted positively for once. A rock seems to have more empathy than the people who rule this state.

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  3. Hookah Smoking Caterpillar says

    September 25, 2024 at 8:58 am

    I’m guessing that most of the folks here that have such great “empathy” for the homeless have never really interacted with them. Moat prefer the money (that they do not work for) to supply their addictions, not housing. There are many options for them to turn to, but they, again, prefer not to use them. Next you’ll say that we should treat their addictions or mental health issues. Well, sorry to be a Debbie Downer but it doesn’t work for the majority of them. Yes, there are some that accept the help, and some that beat their demons, BUT they are in the minority. In case you are wondering where I developed this thought, I dealt with the homeless population for well over a decade in Pinellas county. I’m also willing to guess that you folks of the liberal persuasion would rather spend tax money rather than welcome them into your gated community.

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  4. Greed over people says

    September 25, 2024 at 6:16 pm

    Ha many homeless people already have jobs. Most programs for poverty stricken people you need a phd to get through the bureaucracy of enrollment in the program. GOP have sabotaged them that actually only half of people that qualify actually get the benefit. Arresting people for being poor is the republican thing to do. In Florida first month out of a job you are homeless unless you have savings or family to rely on. Yes many have medical issues that are untreated as we don’t have a universal health system like all other developed nations. GOP won’t allow healthcare or social safety nets. It’s why they want to cut more to pay for their large tax breaks for the corporations and richest of people. Sad and pathetic.

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  5. James says

    September 30, 2024 at 12:26 pm

    Again, the recent Supreme Court ruling has (in my opinion) finally laid bare the concept of “public” property for the illusion that it probably always was. In doing so, they have perhaps inadvertently placed the problem of homelessness squarely into the lap of government.

    I say “perhaps” for it conveniently opens the door to a government solution… and depending on what that government is, it’s actions will be justified regardless.

    There is no such thing as “public” property… and by extension “public” spaces.

    They closed the loop, they completed the circle.

    Just an opinion.

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  6. James says

    September 30, 2024 at 8:44 pm

    Oh, and don’t forget, when you get up in the morning and get dressed to go out, perhaps to the “government” library… don’t forget to ask yourself if you’re appropriately dressed to go out in “government…” that you’re wearing the appropriate color shirt or hat.

    But then, even if it’s election time, no need to worry, those candidate booths will have been banned from the “government” library grounds anyway.

    Just some things to think about.

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