How the Supreme Court’s homeless decision could affect Florida law

TALLAHASSEE — The U.S. Supreme Court on Friday upheld an Oregon city’s ordinance that criminalizes people for sleeping in public spaces, and advocates fear it paves the way for jailing homeless people in Florida under a law that takes effect this year.

Grants Pass, Oregon, adopted an ordinance fining or jailing people who camp on public property or sleep in their cars overnight in parks. In a 6-3 decision, justices ruled that those penalties do not amount to “cruel and unusual” punishment under the Eighth Amendment, regardless of whether a city has enough beds for homeless people.

The ruling was one of the court’s biggest decisions on homelessness in decades and could upend how states and communities grapple with a growing crisis caused by a lack of affordable housing.

Gov. Ron DeSantis and Florida lawmakers this year passed their own solution to homelessness. HB 1365 forbids cities and counties from allowing people to sleep or camp in public spaces beginning Oct. 1.

While the law doesn’t include a criminal penalty for homeless people, it also doesn’t tell counties what to do with homeless people who are in violation. Under the law, it does tell counties they can create camps for homeless people — away from neighborhoods and businesses — approved by the Department of Children and Families.

Most communities would have to offer security, sanitation and behavioral health services to people staying at the camps.

The court’s decision means counties can fine, arrest and jail homeless people in order to comply with the law, said Jesse Rabinowitz, communications and campaign director at the National Homelessness Law Center, which advocates to end homelessness.

“The decision, for Florida, paves the way for Florida to cause even more harm for homeless residents,” Rabinowitz said.

State Rep. Anna Eskamani, D-Orlando, agreed.

“The U.S. Supreme Court has basically ruled that it is ok to punish poor people for being poor,” Eskamani wrote on X.

The House sponsor of the bill, Rep. Sam Garrison, R-Fleming Island, said he doesn’t believe the decision will lead to criminalizing homeless people.

“We will continue to work with all 67 counties in our state to support innovative solutions that simultaneously protect public spaces and respect the dignity of every human being,” he said in a text message.

The law has already prompted police action. For more than two months, the Pinellas County Sheriff’s Office has led a multiagency effort to track where people are sleeping outside and the number of people at each location.

Officers and social workers are using the list to approach homeless people to educate them and provide them with legal options, a spokesperson said.

Homelessness has become a national problem attributed to a lack of affordable housing. Communities in Florida have taken different approaches to address it, including blasting public parks with annoying music and banning panhandling.

Last year, Miami Beach started arresting homeless people who refuse to go to a shelter. That effort has ramped up this year amid growing pressure from elected officials to decrease the city’s unsheltered homeless population, the Miami Herald reported.

The legislation DeSantis approved this year was supported by the Texas-based Cicero Institute, a think tank created by the Austin, Texas-based venture capitalist Joe Lonsdale, who supported DeSantis’ failed presidential campaign.

Critics of the Florida legislation noted that it didn’t come with much money to help counties deal with the issue. Lawmakers assigned an additional $10 million to the effort, but DeSantis also vetoed $4.2 million in various homeless programs across the state from the upcoming budget.

Ed Johnson, the lead counsel in the Oregon case, said arresting people creates more homelessness, and he urged local officials not to start arresting people after Friday’s decision.

“Telling people that you’re going to police your way out of this crisis is a phony fix,” Johnson said. “It gives elected officials something to tell impatient voters, but I don’t think anybody really believes it’ll work.”