Gov. Ron DeSantis signaled Friday that he is likely to sign a bill intended to stop homeless people from sleeping in public places. Lakeland officials are reviewing the legislation to determine how it might affect the city.
The bill (HB 1365) would bar local governments from allowing people to sleep in public places such as city-owned properties or public rights of way. It also would allow residents or business owners to sue cities or counties that don’t adequately enforce the law.
“We’re going to be moving on that soon,” DeSantis said, speaking at a press conference at the Polk County Sheriff’s Office in Bartow. The conference with Sheriff Grady Judd and other dignitaries was focused on immigration policy, but DeSantis took questions at the end.
We do not want to become like San Francisco or Los Angeles, where these homeless encampments overwhelm daily life for citizens.
Gov. Ron DESAntis
If signed, the new law would take effect on Oct. 1, so Lakeland would have about six months to prepare.
“This issue will need to be vetted and reviewed before a meaningful answer can be provided,” said city Communications Director Kevin Cook.
Lakeland already enforces an anti-camping law
On Jan. 23, at about 5:30 a.m., Lakeland Police Officer Nicholas Buttrey was patrolling Lake Mirror’s historic Frances Langford Promenade when he spotted 46-year-old Rodney Eugene Hartman asleep on a bench near Lakeland Electric’s headquarters.
His patrol, he said, was “due to growing complaints of illegal activity in the area” and that he found Hartman “to have the apparent intention of occupying said bench for extended sleep … using his arm as a pillow to lay his head.”
Buttrey arrested Hartman, who has a lengthy criminal history ranging from aggravated battery to grand theft auto. He was charged that morning with misdemeanor violation of Lakeland’s municipal ordinance 70-5, “camping on public property.” While he has family in the area and listed his address as a home on Griffin Avenue, he apparently had no place to go that night.
He is one of dozens of people arrested in the last year for violating that city ordinance. People have been arrested in wooded areas and in Munn Park.
‘Certified’ homeless camps and civil lawsuits
The Florida Legislature passed a bill in the final week of its 60-day lawmaking session that would enact a law similar to Lakeland’s throughout the entire state.
The big difference is language that permits local governments to establish approved homeless camps if “there are not sufficient open beds in homeless shelters in the county.” It also would let any resident of the county, owner of a business located in the county, or the Attorney General “bring a civil action in any court of competent jurisdiction” against counties or municipalities that don’t adequately enforce the law.
The bill was sponsored by three Republicans — Sen. Jonathan Martin of Fort Myers, Rep. Sam Garrison of Fleming Island, and Rep. Carolina Amesty of Windermere — and passed on party line votes of 82-26 in the House and 27-12 in the Senate.
Democrats argued that the bill would expose local governments to lawsuits without providing any funding or long-term solutions for where unhoused people are supposed to go.
The bill says county commissions can designate publicly owned property to be used as an authorized campground or sleeping area for “no longer than one year.” But at a minimum, such campgrounds must have “clean and operable restrooms and running water” and be certified by the Department of Children and Families. They also must have security, not allow drugs or alcohol, and coordinate with local agencies to offer substance abuse and mental health services.
If the designated property is within the boundaries of a city, that city’s commission must approve the measure, as well.
To obtain the certificate from DCF, the county would have to show that there aren’t available beds in county homeless shelters and that the designated campground wouldn’t affect the property values, security or safety of children in nearby residential or commercial areas.
The bill does not provide funding for such homeless camps. It also is unclear if local governments could be required to set up camps to avoid being sued.
“My goal is we do not want to become like San Francisco or Los Angeles, where these homeless encampments overwhelm daily life for citizens and it creates a safety hazard,” DeSantis said.
“There’s drugs, obviously, there’s a lot of mental health issues that go along with that and hurts businesses. And we’re just not going to do that,” the governor said. “So it’s going to be a requirement for municipalities and counties to make sure they keep their public parks and streets clean and safe, and not allow that to impinge on the quality of life of their citizens.”
Larger cities throughout Florida like Miami-Dade and Orlando have seen over the years large encampments sprout up under interstate highways and in wooded areas. In Lakeland, there was a large homeless encampment on the east side of Lake Bonnet until Bonnet Springs Park was developed.
“You can make other choices but you can’t make that choice,” DeSantis said. “Because every time that choice has been made, the result has been destructive and we don’t want that in the state of Florida.”
Local shelters struggle to add capacity
Several organizations in Lakeland provide help to the homeless, including Lighthouse Ministries, Talbot House Ministries and the Salvation Army. Their services range from emergency shelter to extended-stay housing, job training and free meals. The Salvation Army also provides child care and educational services for families.
Steve Turbeville, president and CEO of Lighthouse Ministries, said he doesn’t yet know enough about the bill to say how it would affect the organization’s ability to meet the needs by October.
“But Lighthouse’s commitment remains to serve the needs of Lakeland’s last, least and homeless,” Turbeville said. “I hope the decision will lead to innovative alternatives for the homeless that will not have people sleeping outdoors without shelter and in unsafe conditions. And I hope that burden is shared not just by the cities, but by individuals, churches and organizations in our city — that we will work together as a community.”
He said Lighthouse’s overnight shelter already offers what the state is requiring: showers, clean clothes, meals, secure lodging and opportunities for life recovery. Lighthouse offers three shelter nights a month for free. But, he said, their aim is to guide guests towards “sustainable life transformations,” along with a recovery program, which is also provided at no cost.
Lighthouse is adding beds and expanding its level of care. The organization is adding capacity at the Jay & Eloise Troxel Family Life Center for Women and Children and constructing five townhouse-style apartments for individuals who have completed their recovery program, are ready to take the next steps to independence and need of affordable housing.
“Those activities all free up space in our continuum of care that begins in the overnight shelters,” Turbeville said.
Talbot House Ministries Executive Director Maria Cruz said her organization is committed to working collaboratively with city and Polk County officials to find solutions “that are both effective and respectful of the rights and dignity of individuals experiencing homelessness.”
She added: “As providers of homeless services in our community, we understand the importance of maintaining public spaces while also addressing the needs of individuals experiencing homelessness. While we recognize the challenges associated with camping in public areas, we believe that a compassionate and holistic approach that prioritizes affordable housing opportunities and supportive services are essential in addressing the root causes of homelessness.”
She said they are open to conversations with officials about the legislation to help mitigate a large-scale impact.
“We firmly believe that by investing in affordable housing initiatives and comprehensive support services, we can make meaningful progress towards ending homelessness in our community,” Cruz said. “Together, we can make a positive impact and ensure that everyone has access to a safe place to live.”
A success story
For some, a hand up is all they need.
Kellie Huff, 40, wound up at Lighthouse Ministries in January 2020, bringing her three children with her.
“To have a place to stay, to help you, to lead you to God, it’s such a blessing,” Huff said. “I didn’t know how to hold a dollar. I was taught how to be responsible.”
Huff is now working for Lighthouse Ministries and saved enough money to be able to buy a house in the last year.
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Gainesville is going to have a tough time with this. The Gainesville Iguana, a local alternative newspaper at the Civic Media Center, has been allowing homeless people to sleep in the little alcove in front of their front door for many years. Now you see homeless sleeping in front of other businesses all over the center of town. One must assume that the private businesses are allowing this, as the CMC has done for years. How will that stand up to the new law? Does the fact that it is private property exempt them from the law? Or will the city have to arrest these people? And while there is a campground available, drugs, assaults, and robbery are rumored to be very frequent there.
It’s about time we make housing a human right, rather than make homelessness a crime. DeSantis is the most radical and inhumane politician since Trump. That’s not a compliment.