NOTE: This story was originally published in the Osceola News-Gazette.
Of the number of new Florida laws passed during the 2024 Legislative session that went into effect Jan. 1, one of the most controversial statewide is House Bill 1365.
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In simple terms, the bill voted in by lawmakers and signed by Gov. Ron DeSantis prohibits camping or sleeping on public property, at public buildings, or on public rights-of-way, and makes it illegal for local governments to permit it.
The law went into effect on Oct. 1, but it set Jan. 1 as the date when Floridians can sue local governments that don’t eliminate those issues within five days of a received complaint. That would give law enforcement the green light to round up the homeless sleeping in public.
Homeless advocates, in even simpler terms, say the new law criminalizes homelessness. And local policymakers also point out a crucial part of the state law: “the ability to seek damage against the city (or county).”
During the month of December, Osceola County’s three government agencies – the county and the cities of Kissimmee and St. Cloud – passed ordinances that would enforce the state law locally in order to come into compliance with HB 1365, a mandate that comes unfunded by the state.
Their passing was more of a “doing what we have to do” through gritted teeth, and not all of them received unanimous support.
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The ordinances, like Osceola County’s passed at its Dec. 2 County Commission meeting, reference a U.S. Supreme Court ruling that found such laws are constitutional and do not violate the Eighth Amendment restriction on cruel and unusual punishment against the homeless.
Following that meeting, County Commissioner Peggy Choudhry, who often partners with the Salvation Army to work with the homeless and the otherwise underserved, also touted the end game of these local ordinances.
“It’s to get in compliance with the state law,” she said. “This is doing what we have to do. We’re still going to work with those who need our help.”
The county ordinance states those found sleeping or camping in those public areas are subject to trespassing laws already on the books. “Law enforcement is authorized to take legal and necessary action to remove a person violating this subsection,” it reads.
The mandates also allow sleeping overnight in a vehicle that is registered and “located in a place where it may lawfully be.”
The verbiage of HB 1365 defines sleeping or camping as, “The presence of bedding or pillows, or the storage of personal belongings, or lodging or residing overnight in an outdoor space without a temporary shelter.”
Violators can be trespassed, subject to a fine of up to $500 or jailed for up to 60 days per HB 1365.
According to the Homeless Services Network, its Point in Time count, in the metro Orlando area there were 2,776 homeless people, counting those sheltered — such as living in hotels ill-equipped for their needs or “couch surfing” with friends or family — and the “unsheltered,” who many picture as the homeless.
Maj. Ken Chapman, Salvation Army Area Commander, called it a “shameful” display by state leadership to place the unfunded responsibility on this issue on the shoulders of community leaders.
“The burden has been placed on the local non-profits and community,” he said. “The need for our services has increased 38% in the last year. The fear of a criminal record adds another barrier to the problem. It’s not giving us the chance to think through solutions. The law is truly making the problem worse.”
The St. Cloud City Council passed its version of the HB 1365 compliance ordinance at its Dec. 12 meeting, with Deputy Mayor Shawn Fletcher reiterating that the ordinance was not something the city wanted or chose to draft.
“This is something the city has to do because of the new state law,” he said.
St. Cloud Police Chief Doug Goerke said his department has come up with a pamphlet of resources and a QR code it will share with those who are unhoused.
“Unfortunately, we need an enforcement mechanism, if we need it,” the chief said.
St. Cloud City Attorney Dan Mantzaris said during the meeting that the city’s ordinance was designed to do “everything we possibly could” before arresting an individual.
“St. Cloud did a good thing, the Police Chief and the City Manager worked with (Council member Ken) Gilbert to reach out to some of the social service agencies, and we had a nice meeting before we ever went through this process about what we want do so specifically in the ordinance,” he said. “It requires the code enforcement officer or the police officer who first approaches that person to hand them information saying, ‘Here’s where you can contact these people for help,’ and that’s pretty unique.”
The Kissimmee City Commission passed its ordinance on Dec. 17, and it got three votes; the minimum needed for any measure to pass. Commissioner Janette Martinez was absent for the vote, and Carlos Alvarez voted against it.
City Attorney Olga Sanchez de Fuentes said the Kissimmee Police Department is prepared to enforce this with a “tiered approach,” and the city has given police multiple tools so people won’t be taken to jail immediately. Only those who refuse services would be trespassed, then fined on a tiered system before an arrest would be warranted.
Deputy City Manager Desiree Matthews said the city’s priority is to connect those homeless to local service providers like Park Place Behavioral Center and the Hope Partnership that work to serve individual needs, while protecting itself from what the attorney called “a cause of action for the city’s inaction.”
“What we can’t do is allow the city to become fiscally vulnerable,” Matthews said.
When Osceola County’s legislative delegation recently convened to hear the funding priorities of local municipalities, City Manager Mike Steigerwald asked for $200,000 to be allocated for a community engagement pilot program geared to guiding the homeless to transitional housing.
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