MIAMI – Starting Thursday, an individual or business can sue a municipality for violating the state’s new anti-homeless camping law.
“Status quo is no longer acceptable,” said Fort Lauderdale City Commissioner John Herbst. “Things are getting tough and they are going to get a little tougher for the homeless population.”
For months, municipalities from Miami-Dade County to Broward County have been getting ready. Establishing their own local ordinances to be in compliance with a new state law, which took effect in October, banning the homeless from camping on public streets, sidewalks and parks.
“Our law is going to include what we call a civil citation,” said Broward County Mayor Nan Rich.
Said Herbst: “The State legislation creates an opportunity for individuals to sue the municipality if we don’t deal with the problems.”
The statute says individuals can sue municipalities if they think they are falling short on upholding the law. First, they need to alert the municipality by providing a written notice of the alleged violation. The municipality will have five business days to resolve.
“The cities are going to be a very difficult position,” said former state attorney David Winker. “So basically, cities are going to be in a position where a judge is going to be making the decision that would normally be a legislative decision and part of that legislation is what are we the taxpayers willing to pay?”
In a statement last March, Florida Gov. Ron DeSantis said: “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 Winker: “I see it along the lines of so much of what is coming out of Tallahassee is taking away local power. This is really taxpayers, be it business owners or residents, suing themselves because all the fees, attorney’s fees, are going to be paid through our taxpayer dollars.”
While the state’s new anti-unauthorized camping and public sleeping law directs the Department of Children and Families to authorize temporary campsites with restrooms, running water, mental health and substance abuse treatment, it doesn’t provide municipalities with funding to pay for the full cost of related capital, programming, supplies and specialty labor costs.
In September, Local 10 News asked the offices of Gov. Ron DeSantis, as well as those of the bill’s supporter, if state lawmakers plan to approve a funding allocation to cities and counties to assist them in being able to comply, but have yet to hear back as of this article’s publication.
Local 10 also asked the DCF if they have authorized any temporary campsites in Miami-Dade and Broward but have yet to hear back.
It remains unclear how municipalities would be able to fund erecting temporary shelters and providing sanitation as well as substance abuse and mental health treatments within the constraints of their existing fiscal budgets.
Read the stature here: https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0125/Sections/0125.0231.html
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October 1, 2024: As homeless camping ban takes effect, Broward mayor’s goal: Enforcing it ‘as humanely as possible’ https://www.local10.com/news/local/2024/10/01/as-homeless-camping-ban-takes-effect-broward-mayors-goal-enforcing-it-as-humanely-as-possible/
September 30, 2024: Cities look for solutions ahead of homeless camping ban: ‘We do not want to put people in jail’ https://www.local10.com/news/local/2024/09/30/cities-look-for-solutions-ahead-of-homeless-camping-ban-we-do-not-want-to-put-people-in-jail/
September 24, 2024: South Florida prepares for statewide homeless public sleeping ban: ‘It’s breathing down our necks’ https://www.local10.com/news/local/2024/09/24/south-florida-prepares-for-statewide-homeless-sleeping-ban-its-breathing-down-our-necks/
September 6, 2024: South Florida’s homeless face uncertainty over new camping ban: ‘There’s nowhere to go’ https://www.local10.com/news/local/2024/09/06/south-floridas-homeless-face-uncertainty-over-new-camping-ban-theres-nowhere-to-go/