Q&A of the Day – Florida’s Proposal to Address Homelessness
Each day I feature a listener question sent by one of these methods.
Email: brianmudd@iheartmedia.com
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Today’s Entry: @brianmuddradio I’m glad to hear that the state is finally stepping in on the homeless issue. What would the impact of the homeless bill be locally?
Bottom Line: The answer is that the impact would be felt in all communities in Florida if the proposed legislation passed. The change would also be visible in all communities which have a measurable homeless population. It’s no secret that homelessness has been rising due to compounding factors. Housing affordability issues, a rise in mental health issues and legal decisions which have at times favored homeless individuals over communities which have attempted to regulate the situation. The pandemic also normalized homelessness to a certain extent leading to “tent cities” across the country with a couple that were established in the Palm Beaches at the time as well. I’ll dive into the specifics of the local impact in a moment but first let’s break down what’s in the bill that’s currently under consideration in the Florida legislative session.
The name of the bill is Unauthorized Public Camping and Public Sleeping. The proposed legislation would limit a local government’s ability to permit sleeping or camping on public property. Under the proposal local governments would have to designate specific areas that could be used for public sleeping and camping that include clean restrooms, running water, onsite security and without the allowance of any illegal drugs or alcohol. So, effectively a homeless shelter. Additionally, the site would not be allowed on lands adjacent to residential or commercial properties. What’s more is that as currently written, property owners would be able to sue local governments if there are violations which would negatively impact their property. In other words, it’s not just policy which would be regulated by the state of Florida if enacted, but that all could also effectively be locally enforced by those who have a vested interest in an impacted community. It has the kind of teeth that would give pause to contrary actions by activist local governments.
In terms of the statewide impact of this legislation, it’s addressed in the bill’s summary analysis which states:
According to the January 2023 Point-In-Time Count, 653,104 people are experiencing homeless across the United States, including 30,756 in Florida. Approximately 40 percent of people experiencing homelessness are unsheltered, meaning their primary nighttime residence is a place not suitable for human habitation, such as a sidewalk, vehicle, abandoned building, or park. Living unsheltered can have significant impacts on a person’s health and safety. The bill prohibits counties and municipalities from authorizing or permitting public sleeping or camping on public property, public buildings, or public rights-of-way without a lawfully issued temporary permit.
The bill provides that counties and municipalities may, at their discretion, designate certain property owned by the county or municipality for public sleeping or public camping if the following conditions are met, as determined by the Department of Children and Families:
- Minimum sanitation levels, which include, but are not limited to, access to clean and operable restrooms and running water;
- Security is present on the site at all times;
- Access to behavioral health services, including, but not limited to, substance abuse and mental health treatment resources, is provided;
- Drugs and alcohol are prohibited within the designated area; and
- The designated area may not be in a location where it adversely and materially affects the value or security of existing residential or commercial properties.
The bill provides that a person or business may bring a civil action in any court of competent jurisdiction against any county or municipality to enjoin a violation of the provisions of the bill. If the civil action is successful, a person or business may recover reasonable expenses including court costs, reasonable attorney fees, investigative costs, witness fees, and deposition costs. The provisions of the bill do not apply during a state of emergency issued by the Governor.
Based on the state’s accounting of homelessness in the state, there are approximately 12,300 homeless individuals who are currently living in conditions that wouldn’t be deemed acceptable under this legislation. Specific to the Palm Beaches, there were 1,855 homeless individuals accounted for most recently. Using the state’s estimates there are currently 740 people in Palm Beach County which would be directly impacted under this proposed legislation. That’s the view of the possible as we track potential progress of this legislation. Critics call the proposal harsh and another potential “Home Rule” overreach. Though it could be argued that the byproduct could lead to better outcomes all of the way around. For example, communities that tend to be more lenient on homeless policy currently may prioritize additional homeless shelter space to accommodate the homeless population – which is no doubt a better arrangement than living on the streets. The bill has several votes to go from here if it’s to be enacted. I’ll keep you posted.