A new law goes into effect Oct. 1 that aims to address the problem of homelessness by prohibiting homeless encampments in public spaces and forcing the City of Gainesville and Alachua County to respond.
According to a press release issued when the bill (HB 1365) was signed into law by Gov. Ron DeSantis in March, local governments are now mandated to ensure public spaces remain free of encampments while providing social services to homeless individuals.
“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,” DeSantis said in the March press release. “The legislation…upholds our commitment to law and order while also ensuring homeless individuals have the resources they need to get back on their feet.”
In the same press release, State Rep. Sam Garrison, (R-District 11), who sponsored the bill, noted how Florida was making strides in solving homelessness while protecting the rights of citizens.
“This bill will not eliminate homelessness. But it is a start. And it states clearly that in Florida, our public spaces are worth fighting for,” Garrison said.
Bryan Eastman, Gainesville’s District IV Commissioner, disagrees that the new law solves these problems. He criticized the law for not addressing the root causes of homelessness.
“It doesn't solve the mental health issues of this. It doesn't solve the substance abuse issues of this. It’s just moving people along from point A to point B and so it’s kind of a game of Whack-A-Mole,” Eastman said.
Eastman added that the new law puts an unfair legal burden on local governments.
“All this does is really intensify the amount of work that we have to do, and then it leaves us liable in case there are people that can't be moved to those places,” Eastman said.
Eastman also expressed concerns about the city’s capacity to meet the law’s requirements, especially without additional funding.
“There was no support that was given by the state of Florida. It was just an unfunded mandate,” Eastman said.
Under the new law, counties and cities would be required to provide alternatives when homeless shelters have reached maximum capacity, according to the DeSantis press release.
It directs the Department of Children and Families (DCF) to authorize temporary campsites and mandates the provision of mental health and substance abuse services there.
The law also prohibits encampments in public spaces, including city streets, sidewalks, and parks, allowing law enforcement to treat violations as trespassing.
Art Forgey, Public Information Officer for the Alachua County Sheriff’s Office, noted that law enforcement will not be overly burdened by the new law.
“As far as law enforcement intervention in this, we really don't have a dog in the hunt, so to speak,” said Forgey. “It would still be a trespass if a landowner called in and said, ‘We have people that are camping on our property, and we don't want them here.’”
Forgey emphasized that the new law will place significant burdens on the county and city governments.
“I think the bulk of it falls upon the county or the municipality where they have to provide a lot of services – everything from mental health to sanitation to security on the site.” Forgey said.
Eastman agrees, pointing out that Gainesville already funds homeless services, including what he estimates is about $2 million for Grace Marketplace, a nonprofit homeless services agency.
However, he emphasized the difficulties in finding shelter for those displaced by enforcement of the new law.
“We try to send people over into our homeless shelter, Grace Marketplace, which has beds for folks to stay in. But if they're at capacity, that can be very difficult,” Eastman said. “We try to get them into places where they can actually have a safe place to stay at night.”
While the law officially takes effect on Oct. 1, officials in Gainesville and Alachua County are still determining how to implement it. Forgey said city and county governments and social service organizations typically work well together.
“I think we're actually fairly lucky here,” Forgey said. “We have a good support network with Grace. Saint Francis has different housing areas. The mobile paramedics go around. So, I think we're pretty blessed in this area. Both the city and county commissioners see it as an important issue and are working on housing folks and are going to try to end homelessness.”
Eastman said he is hopeful that collaboration with local organizations will ease the transition but warned that the underlying issues driving homelessness need state-level solutions.
“Florida is one of the lowest in the United States for mental health funding. We are among the lowest in our social safety net,” Eastman said. “What we need is the state to come in and be supportive of people and try to get them back on their feet.”