New provision to Florida law gives public the authority to sue over homeless camping

People now have the power to sue local leaders for not stopping the homeless from camping in public if a report is made.

This is a new provision to a Florida law that first went into effect in October, making it illegal for people to set up shelter on public property.

The city, county or municipality has five days to take action after receiving a written notice of the alleged violation. If it’s not addressed, then they can be sued by any member of the public.

Gov. Ron DeSantis said, “We need to prohibit camping on all city streets and sidewalks and parks. We just can’t live like that in the state of Florida.”

This ban went into effect Oct. 1, and now, as of Jan. 1, if your local jurisdiction is not enforcing that law, you can sue, but it’s not just the city or county that would be impacted. Homeless people could go to jail.

Mike Nojunas, program director at St. Matthews House, said, “I think the law is going to be a catalyst for those individuals who are maybe hesitant and making changes or seeking help, for them to have to make that choice. Do I want to be in violation of the law, or do I want to reach out and talk to those community services that are already in place and get the help that I need or want?”

Nojunas understands it’s not easy.

“I’m in recovery myself. I know what it’s like to be on the streets, to be homeless. I also know, looking back, that was entirely my decision to make; the help has always been here,” Nojunas said.

A county may designate property owned by the county of a municipality within the boundaries of the county to be used for a continuous period of no longer than 1 year for the purposes of public camping or sleeping.

But again, they don’t have to, and Nojunas doesn’t think it’s necessary

“If you’re willing to enter recovery and remain sober, we have a bed for you. If you need to maintain that as your lifestyle, even those mandated camping areas wouldn’t be the place, because part of that law is it has to have 24/7, security or police presence, so if you’re going to be actively breaking the law, you’re you’re not going to be in that camp anyway,” he said.

We contacted our local cities and counties to find out what they would do if they were served with a written notice or lawsuit. Lee County said they would get back to us on Monday while they process my request.

Any Lee County resident experiencing homelessness can call the county’s coordinated entry hotline 24-7: 239-533-7996. 

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