With encampment ban in effect, beginning Oct. 1, homeless in South Florida face new challenges

On a recent sweltering afternoon in downtown Miami, temperatures reached a high of 92 degrees. The air was thick with an oppressive humidity. Across the street from Lotus House — a shelter that houses hundreds of homeless women and children — small groups of homeless individuals huddled beneath the shade of nearby trees.

With no breeze to lift the stifling air, their discomfort was palpable. The only shelter they could find from the relentless sun was under the branches and the nearby bridge, a fleeting reprieve before the harsh reality of a looming state law that imposes strict penalties on public camping and loitering across Florida.

Under the new measure that takes effect Tuesday, Oct. 1, police officers will be empowered to issue fines, make arrests, and forcibly remove those found camping or congregating in public spaces. Additionally, starting Jan. 1, local residents will be able to sue local government municipalities that do not enforce the ban.

"Florida will not allow homeless encampments to intrude on its citizens or undermine their quality of life like we see in states like New York and California," said Gov. Ron DeSantis last March when he signed HB 1365 into law. "The legislation I signed today upholds our commitment to law and order while also ensuring homeless individuals have the resources they need to get back on their feet."

"This bill will not eliminate homelessness," said state Rep. Sam Garrison, a Republican from Fleming Island, who sponsored the bill. "But it is a start. And it states clearly that in Florida, our public spaces are worth fighting for. The status quo is not an option. In Florida we choose to act. It is simply the right thing to do."

Critics charge the new law will be ineffective because it does not address the root causes of homelessness and only serves to push more people without a home into already overcrowded jails.

But advocates for the homeless who favored passage of the new law say it will encourage people to seek shelter and not remain on the streets.

Will new law reduce homelessness?

The Florida Coalition for the Homeless supports the new law, saying that "sleeping on the streets or camping in public spaces is not an acceptable solution to our current housing and homelessness crisis."

"We encourage county and municipal leaders to work with their homeless continuum of care to follow best practices in ensuring there are emergency accommodations that are safe, dignified, and appropriately targeted toward the unique needs of various households experiencing homelessness," the coalition said in a statement .

Ron L. Book, Chairman of the Miami-Dade County Homeless Trust, said the new law won't help alleviate the plight of homeless individuals.

"We reject sanctioned encampments and believe there is no evidence that they reduce homelessness," said Book in a statement . "We are committed to investing in solutions that deliver long-term results and bringing new partners in, as we firmly believe we can end homelessness in Miami-Dade."

In its latest count of the homeless in late August, the Miami-Dade Homeless Trust found 1,004 people living on the streets of Miami-Dade. The figure represents a 2% increase over last year.

In a memo earlier this month to Miami-Dade commissioners, Book and the Homeless Trust said at least 1,000 housing units were needed next year to "respond effectively to households in crisis and to create pathways to permanent housing for those in shelters or on the street."

With the Oct. 1 ban on the horizon, county officials have been exploring possible emergency solutions. One such option involves the use of "tiny homes" — short term modular housing meant to alleviate the expected pressure on local jails.

Miami-Dade County has proposed installing 175 of these 450 square-foot units, which would include living spaces, kitchens, bathrooms and air-conditioning. The Homeless Trust would be in charge of overseeing the project, though details like cost and placement are still under discussion.

Book emphasized the importance of building these homes as "real homes" instead of temporary fixes, especially as alternative options like sanctioned encampments come with substantial concerns surrounding security, hygiene and dignity.

The homeless crisis is a major topic of concern for public officials throughout South Florida, especially with the new law going into effect to ban encampments.

In Fort Lauderdale, mayoral candidate Jim Lewis recently offered his own solution to accommodating the homeless. On Sept. 1, he held a news conference outside the Chase Stadium, where soccer star Lionel Messi plays for Inter Miami, telling reporters that a small part of the property could be turned into a homeless encampment .

"This is a human hurricane that's coming down on our city," Lewis told reporters while talking about the impact of the new law. "We have the sheriff saying he's not going to put them in his jail. We have to find some idea here that's going to work. We're running out of time. And that's the best spot we have anywhere in the city. There's no playground there. No schools. No homes."

Fort Lauderdale Commissioner John Herbst has pitched the idea of setting up "safe parking zones" on the top of a city-owned parking garage to accommodate the homeless, according to the Sun-Sentinel .

In Palm Beach County, mirroring Miami-Dade proposals, Mayor Maria Sachs is suggesting that mini-cottages or "tiny houses" can help reduce the high number of homeless people. About 2,100 people are living on county streets and public parks, according to the latest count.

"I want to see the development of mini-cottage communities — tiny houses," Sachs told Stet News , a digital news website covering the county. "And once they step out of their houses, they would be surrounded by support services. We're going to do it in the most compassionate way. We're going to be a showcase for the state."

Advocates say one of the biggest obstacles in creating affordable housing is neighborhood opposition — often referred to as NIMBY, an acronym for "Not In My Back Yard."

One example involves efforts by the Miami-Dade Homeless Trust to convert a La Quinta hotel in Cutler Bay into subsidized housing for low-income seniors.

At a commission hearing Sept. 4, Cutler Bay Town Manager Rafael Casals told commissioners that the city opposed the location of the planned development.

"We welcome the seniors, just not at that location," Casals told the commission.

Anthony Wells, a retired 67-year-old TV engineer and currently living in Miami Rescue Mission, pleaded with the commissioners for approval of the development.

"Most of us are seniors at the Mission," he said. "That's not our home. We need a place to live."

Earlier this month, the commission approved the development, in an 11-2 vote, converting the hotel into housing for at least 130 low-income seniors aged 55 and older.