This story was originally published by The Community Paper. This story is part of a collaborative initiative of independent local news outlets working towards a more informed and engaged Central Florida.
The Community Paper editor’s note: Homelessness in Central Florida and how to address it is an ever-evolving challenge for the community. COVID-19 and a competitive housing market are two contributing factors in the increasing number of unhoused people around the U.S. and in Orlando. According to the Homeless Services Network of Central Florida’s Point-In-Time Count, the Orange County homeless population rose 24% from 2023 to 2024.
Our reporting on this topic is part of a collaborative effort by multiple Central Florida news outlets. The goal is to give more context on a very complicated issue by working together.
In March 2024, Governor Ron DeSantis signed Florida House Bill 1365: Unauthorized Public Camping and Public Sleeping.
The new law, which prohibits “counties and municipalities from authorizing or otherwise allowing public camping or sleeping on public property,” according to the official text, went into effect Oct. 1, 2024, with some provisions beginning Jan. 1, 2025.
Public camping or sleeping refers to residing outside overnight, with or without a tent or any similar temporary lodging method, including makeshift beds. This includes “the storage of personal belongings” on public property.
The law does not apply when the governor or local officers declare a state of emergency.
The legislation permits counties to create “designated property” for the homeless for a specific period of time, which cannot exceed one year. These areas must be under the supervision and certification of the Department of Children and Families with the DCF secretary’s authorization.
However, the resulting temporary shelter cannot be next to residential property or soon-to-be residential property; the shelter also cannot negatively affect the property value, general safety, or security of people or other residential or commercial properties within the area. If any of these terms are violated, the shelter can no longer be used.
A provision in HB-1365 that went into effect on Jan. 1 allows certain citizens to take legal action against local governments that are found in violation of the legislation.
The law now allows residents, business owners or the attorney general to sue local governments that fail to address violations. They can report instances of individuals sleeping on public property and notify the “county or applicable municipality.”
The complainant can file a civil lawsuit if the issue is not resolved within five business days. If the resident or business owner prevails, they may be rewarded “reasonable expenses” incurred during litigation, such as court costs and attorney fees.
Under the ordinance, local governments can redirect individuals to shelters, provide alternative housing options or pursue misdemeanor charges. Those who are arrested under this ordinance can be punished with a fine of up to $500 and up to 60 days in jail.