{"id":53071,"date":"2025-01-02T17:42:28","date_gmt":"2025-01-02T22:42:28","guid":{"rendered":"https:\/\/lakelandgazette.info\/news\/?p=53071"},"modified":"2025-01-02T17:43:29","modified_gmt":"2025-01-02T22:43:29","slug":"floridas-new-public-sleeping-ordinance-now-in-effect-florida-cities-brace-for-legal-actions","status":"publish","type":"post","link":"https:\/\/lakelandgazette.info\/news\/2025\/01\/02\/floridas-new-public-sleeping-ordinance-now-in-effect-florida-cities-brace-for-legal-actions\/","title":{"rendered":"Florida’s New “Public Sleeping” Ordinance Now In Effect – Florida Cities Brace For Legal Actions"},"content":{"rendered":"\n

Local governments face penalties as controversial measures become law, and most municipalities lack the infrastructure to comply.<\/em><\/strong><\/strong><\/p>\n\n\n\n

Florida municipalities are gearing up for potential lawsuits as a new state law goes into effect today. The law permits residents to take legal action against local governments that fail to remove homeless encampments from public areas. House Bill 1365, signed into law by Governor Ron DeSantis in May 2024, requires local governments to “prevent, eliminate, and prohibit public camping” on most government-owned properties. Furthermore, the law imposes a strict 24-hour response time for authorities to address reported encampments.<\/p>\n\n\n\n

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Starting January 1, 2025, Floridians will have the legal right to sue their local governments if they fail to enforce a statewide ban on public camping. This new law, House Bill 1365, aims to address the growing issue of homelessness by holding municipalities accountable for ensuring that people do not sleep overnight in public spaces such as streets, parks, and other public areas.<\/p>\n\n\n\n

The law prohibits local governments from permitting homeless encampments on public lands, with certain exceptions. When a citizen alerts their local government about a camping issue, the government is obligated to take appropriate action. Should the government fail to respond, citizens have the right to file a lawsuit for non-enforcement of the law. Furthermore, the law allows for fines and other penalties against municipalities that do not comply.<\/p>\n\n\n\n

Despite the increasing demand for affordable housing solutions, the Florida Legislature has adopted a more punitive stance with the introduction of HB 1365. This legislation has drawn criticism for criminalizing homelessness instead of tackling its underlying causes. Housing advocates contend that the law will only exacerbate the marginalization of individuals who are already striving to regain stability in their lives.<\/p>\n\n\n\n

How the Law Came About<\/strong>
In March 2024, Governor Ron DeSantis signed a law aimed at addressing homelessness in Florida. The legislation partially took effect in October 2024 and primarily seeks to hold local governments accountable for keeping public spaces free from overnight camping. However, the law does not impact lawful recreational camping or individuals sleeping in legally parked and registered vehicles.<\/p>\n\n\n\n

The impetus for this law stems from Florida\u2019s growing homelessness crisis. According to the Department of Housing and Urban Development (HUD), there was nearly a 20% increase in unsheltered homelessness in the state between 2022 and 2023. This situation has been worsened by rising housing costs, with soaring rental rates and inflation making it difficult for many residents to afford a place to live.<\/p>\n\n\n\n

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What the Law Specifies<\/strong>
Under the new legislation, residents and business owners possess the right to initiate legal action against local governments that do not enforce the public camping ban. Prior to taking legal measures, residents must submit written notice of any violation to the governing body of their municipality, such as a county commission. The government is allotted five business days to undertake “all reasonable actions” to rectify the alleged infraction.<\/p>\n\n\n\n

The law specifies particular requirements that local governments must adhere to when addressing homelessness. These requirements include:<\/p>\n\n\n\n