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Supreme Court ruling gives go ahead to Florida's 'ban on homelessness'

In March, Gov. Ron DeSantis signed legislation to ban people from sleeping and camping in public places
Posted at 6:43 PM, Jun 28, 2024

VERO BEACH, Fla. — It's a growing problem across the state— the number of unhoused Floridians, and now, the U.S. Supreme Court said those experiencing homelessness can be arrested for camping or sleeping in public places.

It's the high court's biggest decision on homelessness in decades, and it comes after Florida legislators passed a law banning public camping starting this fall.

In March, Gov. Ron DeSantis signed HB 1365 on unauthorized public camping and public sleeping. It's been dubbed by many as Florida's "ban on homelessness."

Recently, the U.S. Supreme Court heard arguments on a case in Grants Pass, Oregon, which started fining people nearly $300 for sleeping outside. The goal was to manage the homeless camps that started popping up across the city amid the rising cost in housing.

Friday, the Supreme Court ruled criminalizing homelessness is constitutional, giving the green light to Florida's ban on camping and sleeping in public, too.

"Where do you go?" asked Maurice Murray, who was recently homeless himself.

Anthony Zorbaugh Dignity Bus June 2024.png
The Source founder Anthony Zorbaugh says he has seen an increase in homeless people seeking shelter at his Dignity Bus.

"Yeah, where do they go? There’s no place," agreed Toni Morre, a volunteer with The Source in Vero Beach. "Because you’re homeless, does that mean you’re going to be a criminal now?"

Indian River County Sheriff Eric Flowers said his deputies won't be arresting folks camping on the streets, because Florida's bill doesn't criminalize it.

"It's really more on the civil side," said Flowers.

The bill does, however, give local governments authority to come up with a designated place for the unhoused to camp.

Without a designated place, governments could open themselves up to a lawsuit.

"A business owner that has a nuisance person sleeping in front of their business, they are able to file a suit against the county or city saying, 'You're not providing adequate housing,' 'You don't have enough beds, or shelter in the area,'" said Flowers.

Treasure Coast

'Where are we supposed to go?': New homeless law has many seeking answers

Kate Hussey
7:35 PM, Mar 21, 2024

WPTV reached out to all Treasure Coast counties to see how they plan to handle it.

Martin County's spokesperson said the county used federal funding to create an overnight shelter to be built and run by a local nonprofit.

St. Lucie and Indian River county officials told us they were still working on a plan.

In March, St. Lucie County's Director of Communications Erick Gill told us the issue is finding funding and space.

“Every year when Tallahassee ends, there always seems to be some unfunded mandates that come down to the local level, and the state says, 'This is what you have to do, but you have to pay for it," said Gill.

At The Source, a nonprofit known for its unique Dignity Bus model in addressing homelessness, founder Anthony Zorbaugh will tell you it's not about a hand up or a hand out but a hand in.

"Our goal here at The Source is to get people out of homelessness, and if we can surround them with people that care about them, we can achieve a lot," said Zorbaugh.

Maurice Murray Toni Morre June 2024 volunteers at The Source
Toni Morre and Maurice Murray both wonder what are homeless people supposed to do, under the new law, if they have no where to go.

Yet with the new law, Zorbaugh and his volunteers might start running out of hands.

He said he's seeing more people than ever walk through his doors, in part because of the new looming law.

"Our numbers have increased dramatically, individuals experiencing homelessness in our area are just looking for refuge," said Zorbaugh.

"We gotta have some help, because there’s only so much we can do," added Morre.

Zorbaugh said already his two Dignity buses, which serve as overnight housing for those in need, are constantly sold out. He's working on getting a third bus to address the need.

Indian River County Sheriff Eric Flowers June 2024.png
Indian River County Sheriff Eric Flowers says under Florida law the ban is more civil than criminal, since Florida law currently does not criminalize sleeping or camping in public places.

He also said he's getting calls from counties across the state in search of solutions.

"We just had a call with Pinellas County," said Zorbaugh.

According to the U.S. Department of Housing and Urban Development (HUD), the number of families with children experiencing homelessness in Florida grew by more than 20%, an increase in 1,400 families from 2022 to 2023.

According to data from the Treasure Coast Homeless Services Council, as of January 2023, there were 925 documented homeless on the Treasure Coast, a one-year increase of nearly 10%.

The new law takes effect in October. That's how long local governments have to come up with a congregant place to live before becoming vulnerable to litigation.

Again, folks in Florida won't be arrested for camping or sleeping in public unless that county or municipality specifically has an ordinance against it.

In Vero Beach and Indian River county there is none, however, because of the new Supreme Court ruling, any municipality can now make one.