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Supreme Court ruling paves way for homeless camping ban in Florida

HB 1365 goes into effect on Oct. 1

ORLANDO, Fla. – A ruling from the U.S. Supreme Court Friday paves the way for cities and counties to ban people from sleeping and camping in public places.

The 6-3 decision has a direct impact on Florida, where Gov. Ron DeSantis signed legislation in the spring that will make it against the law for people to sleep outside, unless local governments allow them to do so.

Martha Are, the CEO of the Homeless Services Network of Central Florida, described the Court’s actions as a “very cruel blow to our most vulnerable.”

“This country banned debtors’ prisons under federal law back in 1833, yet in recent years, there has been an increasing attempt to criminalize homelessness — including by arresting people for public ‘camping’ and public ‘sleeping’ — even when there is no bed available in local homeless shelters. But until today, at least, it was still widely considered unconstitutional to do so,” said Are.

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Are gathered with a group of community stakeholders who work at organizations that offer resources to central Florida’s homeless population Friday once news of the ruling became public. Are said it is especially important in Florida because of HB1365 — the “Unauthorized Public Camping and Public Sleeping” law — which takes effect on Oct. 1.

When Gov. Ron DeSantis signed the bill into law back in March, he said he was following through on a promise.

“We’re making good on that promise by signing legislation to ensure that we don’t allow our streets, our parks, and our sidewalks to be overwhelmed with tent cities,” said DeSantis while speaking in South Florida.

Legislative analysts pointed to similar restrictions in Austin, Texas, where the overall homeless population dwindled, and the number of homeless people receiving shelter grew.

Under HB 1365, local governments can vote to allow camping or sleeping on designated public property, though these governments must also establish minimum standards relating to safety, security and sanitation.

News 6′s Solutionaries Team went to Tampa, where they are creating new spaces for the homeless to sleep. Tampa Hope, a partnership between the city and the local diocese, currently houses 125 residents in tents on-site. Pallet homes (or small cottages) that sleep two will boost that number to 325 residents.

A facility like this costs millions to build and operate, and if Central Florida were to follow suit, they would need a place for it to go.

News 6 asked Are whether it’s even possible in the Orlando area.

“Any time you’re talking about building something, renovating something, anything involving a building — that is not the kind of project that gets done by October,” said Are.

The number of people experiencing homelessness in Orange, Osceola, and Seminole counties has increased more than 28% in the past year to 2,883 people. That includes adults and families with children. Of the nearly 3,000 people who are homeless, 1,201 are unsheltered.

Facilities like the Christian Service Center have the resources to help people find homes, but what they can’t find is enough affordable housing options. CEO Eric Gray says the decision from the U.S. Supreme Court complicates that challenge while facilities like CSC are seeing growing number of people who need help.

“I have funding to help people get into affordable homes. I just don’t have enough affordable apartments,” said Gray.

“Six-in-10 Central Floridians are extremely cost-burdened by housing. Six-in-10 Floridians spend more than 50% of their household on rent or a mortgage. Six-in-10 Central Florida families are at risk for homelessness. And because of today’s ruling, 6-in-10 Central Floridians are at risk for being criminals, as well,” said Gray.

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