At the beginning of the month The law HB1365 came into force in Floridawhich establishes the prohibition of sleeping or camping in public spaces. This measure was enacted by Governor Ron DeSantis with the objective of control unauthorized use of those lands throughout the state. The regulations affect all local jurisdictions, as they prevent municipal governments from authorizing such actions in areas such as streets, government buildings or rights of way.
Governor Ron DeSantis signed into law HB 1365, which has already taken effect in Florida.
The HB1365 It also includes spaces such as parks, sidewalks and any other common use. This resolution seeks to address a growing problem in many cities in the state, where the unregulated use of these places has generated concerns about safety and improper occupation.
Nevertheless, The law provides for some exceptions: in declared emergency situations at both the state and local levels, such as hurricanes or other natural disastersthe bans are temporarily lifted to ensure the safety of affected people. In these cases, local governments can establish temporary shelters for those in needwithout violating the regulations.
Although the rule prevents the general use of public spaces for camping, it allows municipalities designate certain areas for this purposeunder specific conditions. For a sector to be used in this way, the corresponding administration must obtain a certification from the Florida Department of Children and Families, which guarantees that the area complies with the minimum security requirements.
Although the rule prevents the general use of public spaces for camping, it allows municipalities to designate certain areas for this purpose.Mike Egerton – PA
Once designated, the space can only be used for camping for a maximum period of one year. This limitation seeks to prevent these areas from becoming permanent settlements. However, in exceptional cases, such as counties facing fiscal difficulties, The law allows this designation to be extended if additional requirements are met.. It should be noted that, the Department of Children and Families has the authority to regularly inspect designated areas and can revoke certification if conditions are not met.
Starting January 1, 2025, the law allows residents, local business owners, and even the Attorney General to undertake legal action against any county or municipality that fails to enforce the ban on camping or sleeping in public spaces. This measure seeks to ensure that the authorities do not ignore the regulations.
To start a lawsuitthe interested party must present a sworn statement proving that the problem has been notified to a higher entity and that it has not taken measures to resolve it. If the complaint is successful, the plaintiff is entitled to recover associated legal costs.
HB 1365 does not directly penalize people who sleep or camp in public areas without authorizationFreepik
Despite the restrictions, the law HB 1365 does not directly penalize people who sleep or camp in public areas without authorization. That is, those who are homeless will not face criminal charges simply for sleeping in public spaces. However, the law opens the door for local authorities to take measures to regulate this practice and offer, where possible, designated and safe spaces.
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