As of January 2, Floridians now have the legal right to sue cities and counties over non-compliance with a new anti-homeless encampment law.
This significant legal change affects municipalities across Florida, including those in Miami-Dade and Broward counties. The law, which took effect in October, prohibits homeless individuals from setting up camps on public streets, sidewalks, and parks. Fort Lauderdale City Commissioner John Herbst emphasized the growing challenges, stating, “Status quo is no longer acceptable. Things are getting tough and they are going to get a little tougher for the homeless population.”
According to Broward County Mayor Nan Rich, local ordinances are being implemented to adhere to the state law. These ordinances include provisions for civil citations against violations. The law also allows private citizens to take legal action if municipalities do not adequately enforce these regulations. Before filing a lawsuit, individuals must notify the city of the alleged violation, giving it five business days to rectify the situation.
Former state attorney David Winker highlighted the financial implications of this law, noting, “The cities are going to be in a very difficult position.” He explained that judicial decisions might take over roles traditionally held by local legislative bodies, raising questions about the willingness of taxpayers to cover associated costs.
Moreover, while the Department of Children and Families is directed to facilitate temporary campsites with basic amenities and services, the state has not yet allocated specific funds to support municipalities with these requirements. Governor Ron DeSantis has stated that Florida aims to prevent encroachments on public spaces, drawing contrasts with other states like New York and California.
Despite inquiries by local media, there has been no confirmation from state officials regarding financial support for cities to comply with the new law. The lack of funding raises concerns about the feasibility of establishing temporary shelters and providing necessary health services within current municipal budgets.
The introduction of this law marks a pivotal change in how Florida addresses homelessness, placing significant responsibilities on municipalities without clear financial support solutions. This has sparked a debate about state versus local control and the financial burden on taxpayers.
Source: Local10
