After court ruling, Gov. DeSantis eyes tougher homeless camping ban
A new Florida law makes sleeping in public places illegal, upturning the way cities manage the unhomed.

Homeless beggar man lying on the ground outdoors in city asking for money donation.
Lawmakers may act in the wake of a SCOTUS ruling.

Florida’s Governor says there may be latitude to toughen the state’s prohibition against public camping or sleeping by the unhoused.

Speaking in Winter Haven, Gov. Ron DeSantis noted that after current legislation passed, a “Supreme Court ruling since then … probably has cleared the way for us to be a little stronger on how that was done.”

“The original bill was written based on some existing precedent, even though we didn’t agree with it. I think the Legislature was like, well, we want something that’s going to stick. So there may be even more that they could do to tighten that up,” DeSantis said.

The 6-3 verdict in the Oregon case of City of Grants Pass v. Johnson affirmed HB 1365, passed as a “carrot and stick” approach and a “Florida model” for dealing with the problem.

The majority opinion, authored by Justice Neil Gorsuch, notes federal prohibitions on “the storage of … sleeping bags,” “sleeping activities” on park lands and “dangerous” encampments.

“We’ll see if there’s a need to reevaluate it, but you have a right as a Floridian, you know, to walk down the street, you know, to go to some shop or a restaurant without being overrun by homeless,” DeSantis said. “And you can deal with the people that end up homeless with compassion, and there’s things that we can do potentially to be helpful. But simply allowing these places to get overrun, that’s just a nonstarter, and we’re not going to let that happen in the state of Florida.”

Florida’s law requires local jurisdictions to select a piece of public property and move people camping or sleeping in public spaces to that location. Local camps must have clean restrooms, running water, on-premises security, and a ban on drugs and alcohol. The measure also bars counties and municipalities from permitting public sleeping or camping on public property without explicit permission.

Enforcement hasn’t been as aggressive in some places as state law would allow. In Jacksonville, for example, Democratic Mayor Donna Deegan has been accused by one Republican City Council member of “pushing homeless out of downtown and into the neighborhoods,” a read somewhat corroborated last year by another member who suggested that phase one of the city’s strategy was to clear the population out of downtown.

Under state law, cities like Jacksonville can be civilly sued, starting with the failure to provide enforcement that fulfills the legislative intent of the bill passed by overwhelming, bipartisan margins last year.

A.G. Gancarski

A.G. Gancarski has been the Northeast Florida correspondent for Florida Politics since 2014. His work also can be seen in the Washington Post, the New York Post, the Washington Times, and National Review, among other publications. He can be reached at [email protected] or on Twitter: @AGGancarski


5 comments

  • MH/Duuuval

    January 15, 2025 at 12:21 pm

    Another unfunded state mandate dispatched by his excellency Dee the Decider.

    As for Rory Diamond’s lame comment: The Beaches are actively trying to fob off the homeless problem here to COJ. Rory the carpetbagger would know this but he doesn’t actually represent the Beaches (except to take his salary), but rather the MAGA high command in Duval. Primarily the 4 MAGAs holding down at-large seats, which are the product of electoral vote dilution.

  • Bwj

    January 15, 2025 at 2:03 pm

    So what are we doing to solve homelessness?

  • JD

    January 15, 2025 at 2:09 pm

    This is this generation of BananaRepublicans closure of mental health facilities and turning the patients out on the street – which incidently many ended up homesless.

    Scumbaggery for the next generation. Tell us again how good of Christians you might be?

  • Victoria A Olson

    January 15, 2025 at 6:16 pm

    Daggers & pitchforks to Gov. DeSatan as our Governor HE SHOULD HAVE DONE SOMETHING 2 Years ago except bitch & complain. Corporations that bought up most of the rental property & have raised rents that are so outrageous that we have such a homeless population and has done NOTHING to help his constituents. Do your damn job DeSantis as governor you’ve spent more time thinking about peoples gender & private parts, you pervert, than doing your damn job to serve the people of Florida. I find it interesting that Republicans don’t know how to govern and NEVER find solutions just Cruelty.

    • MH/Duuuval

      January 15, 2025 at 7:36 pm

      MAGAs and the religious fundamentalists currently involved in a love fest are not actually following the tenets of Christ — except for the Yule season when they insist on good cheer everywhere they go, or else. MAGAs wish all of them would vote with their feet and go somewhere out of sight — preferably to another world in another dimension. Then MAGA world would resemble Mar-al-Lago, golf and all.

Comments are closed.


#FlaPol

Florida Politics is a statewide, new media platform covering campaigns, elections, government, policy, and lobbying in Florida. This platform and all of its content are owned by Extensive Enterprises Media.

Publisher: Peter Schorsch @PeterSchorschFL

Contributors & reporters: Phil Ammann, Drew Dixon, Roseanne Dunkelberger, A.G. Gancarski, Ryan Nicol, Jacob Ogles, Cole Pepper, Jesse Scheckner, Drew Wilson, and Mike Wright.

Email: [email protected]
Twitter: @PeterSchorschFL
Phone: (727) 642-3162
Address: 204 37th Avenue North #182
St. Petersburg, Florida 33704