Florida enacts tough law to get homeless off the streets, leaving cities and counties scrambling

[October 02, 2024]  By TERRY SPENCER and KATE PAYNE

FORT LAUDERDALE, Fla. (AP) — As the sun rose Tuesday, Robert Robinson pulled himself from the sidewalk outside Fort Lauderdale's bus depot. It's where he'd slept — and become a violator of Florida's newest law.

Under a statute that took effect Tuesday, it is now illegal in Florida to sleep on sidewalks, in parks, on beaches or in other public spaces — one of the strictest anti-homelessness measures in the nation.

“Where are they going to put all these people?" Robinson asked, pointing to several other homeless persons nearby. The 61-year-old former fence installer gathered his few clothes, toothpaste and a case of cat food he hoped to sell for $2 and loaded them onto the wheelchair he uses as a walker and wagon. “There aren't enough bed spaces at the shelter.”

Fort Lauderdale and Florida's other cities and counties only have three months to figure it out. Starting Jan. 1, residents, business owners and the state can sue municipalities they don't think are doing enough. Under the law, local governments must enact ordinances to create, bolster and enforce programs to help get the homeless off the streets.

Florida estimates it has about 31,000 homeless people, though advocates say it's likely an undercount. That's a fraction of California and New York, but large majorities in the Legislature said the law was needed. Residents complain the homeless take over parks and sidewalks, threaten children, leave trash and urinate and defecate in public.

“It’s our responsibility to deal with homelessness and that’s why we can’t wait any longer,” said Republican state Sen. Jonathan Martin, sponsor of the bill signed in March.

Gov. Ron DeSantis called the law “absolutely the right balance to strike."

“We want to make sure we put public safety above all else," he said.

But the threat of lawsuits under the statute has local officials worried.

“There will be quite a few enterprising attorneys out there who will use this as an opportunity to rake in tens of thousands of dollars, hundreds of thousands of dollars,” said Fort Lauderdale Mayor Dean Trantalis, adding that's money that won't be available to alleviate the problem.

The state budgeted $30 million to help municipalities enact the law and provide the homeless with mental health and substance abuse treatment. But many local officials said it's not enough. The biggest county allotments are about $600,000 each.

If counties don't have enough shelter beds, the law allows them to erect outdoor encampments where the homeless could live for up to a year — with the biggest counties required to equip them with sanitation and 24-hour security.

“We send our money up to Tallahassee, and they don’t send it back to help us,” Palm Beach County Commissioner Gregg Weiss said recently.

In South Florida, cities and counties are scrambling for solutions that would shield them from potential lawsuits without resorting to mass arrests. About 8,500 of Florida’s homeless live across Miami-Dade, Broward and Palm Beach counties amid waiting lists for affordable housing.

Robert Robinson, 61, who is homeless, pushes his belongings down the street on the first day of a statute that took effect, making it illegal in Florida to sleep on sidewalks, in parks, on beaches or in other public spaces — one of the country's strictest anti-homelessness laws, Tuesday, Oct. 1, 2024, in Fort Lauderdale, Fla. (AP Photo/Lynne Sladky)

Broward has about 1,650 people wanting housing, up from 1,220 two years ago. Only a handful of the county’s 700 shelter beds become available daily.

“Homelessness is not a crime, and the county jail system is not a solution,” Broward Sheriff Gregory Tony wrote recently in the South Florida Sun Sentinel. He said his deputies won't arrest anyone for simply being homeless and his jail won't accept anyone arrested by city police.

Miami-Dade converted an abandoned hotel into a shelter for older homeless people and may buy 175 prefabricated two-bedroom houses measuring 450 square feet (40 square meters).

Palm Beach might designate overnight parking lots for people living in cars.

Broward recently allocated $750,000 to buy prefabricated shelters. Patrice Paldino, director of the county agency that assists the homeless, said after getting individuals into a home or shelter, Broward provides counseling and other services to put their lives back on track.

As for deterring lawsuits, she said, “that’s an interesting question, but our goal is to continue to provide outstanding services."

The TaskForce Fore Ending Homelessness, a group Broward contracts with, helps individuals find shelter, counseling and other services. It uses “fore” in its name to show leadership on the issue.

Programs vice president Jacob Torner said the law is too focused on the minority of the homeless with substance abuse problems. He said most are people who can’t afford rent and are domestic violence victims, veterans, the elderly and the disabled.

“The impacts of this law are going to make it more difficult for these individuals to engage in the services that will get them off the streets because they’ll become more fearful,” Torner said.

On Tuesday, Erica Dorsett, the group's program administrator, drove through Fort Lauderdale's homeless hot spots to check on people the group is assisting.

She spoke with a man sleeping outside a major hospital whose shoeless, chapped feet were swollen and infected. When asked why he doesn't go into the emergency room for treatment, Dorsett said the hospital just shuttles him back outside.

Down the street, Doresett stopped at a park to check on another man she found sleeping on a brick wall. Agitated after being awakened, he asked for water; she brought him bottles and a cookie sandwich.

Dorsett said the lack of housing and shelter beds means there is only so much her group can do.

“We can get them to the door, do everything for them, but then our hands are tied,” she said.
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Payne reported from Tallahassee, Florida.

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