The Orange County Board of County Commissioners on Tuesday had an uncomfortable discussion about how to react to a new state law that bans sleeping on public property.

The law, pitched to state lawmakers by the conservative Cicero Institute, holds local governments accountable for enforcing the ban. It officially went into effect last month, but doesn’t open the county up to potential lawsuits for alleged violations until Jan. 1, 2025.

The conversation, building on previous discussions county leaders have had since the law’s passage, made several county commissioners on the dais visibly uneasy.

“I think we have to be really careful not to craft something that will end up being really costly on the back end, and inhumane,” cautioned county commissioner Nicole Wilson, sharing concerns about the impact on the criminal justice system. “We are better than that.”

Many municipalities in Florida, including Orlando, already had local bans on public encampments in place that preceded the statewide ban — punishable through fines, jail time, or both.

Orange County, however, does not. And as local nonprofits warn of a dearth in homeless shelter capacity, amid a sharp increase in unsheltered homelessness, county leaders said they hoped new initiatives county staff have come up with — such as increasing shelter capacity, landlord incentives, and investing in “tiny homes” — will help prevent the county from being forced to arrest or jail people whose only “crime” is that they don’t have a place to sleep.

“I believe that with the additional dollars we are allocating this year, it allows us to begin to more adequately address the growing challenges that we have,” said Orange County Mayor Jerry Demings, who formerly served as Orlando police chief and Orange County sheriff. “Every major metropolitan community and even some small rural communities are dealing with this issue across America because of circumstances, economic circumstances, that are really, truly out of our control,” he added.

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The county government allocated about $45.6 million in this year’s budget for homelessness services, then added another $10 million to the bucket after the statewide camping ban got the approval of Florida’s Republican-controlled Legislature and Gov. Ron DeSantis, who argued homeless encampments “intrude” on Florida’s citizens and “undermine their quality of life.”

At the same time, Mayor Demings acknowledged that the new state law, which would allow private citizens and business owners to sue the county over violations effective Jan. 1, places them in a risky — and potentially costly — position.

“We have to respond,” Demings admitted. “And with this January date looming very soon, it is important that we continue to be proactive and prepare for the future.”

Several other cities and counties in Florida have already either approved local versions of the encampment ban, or have expressed an intent to do so ahead of January, according to county attorneys. Broward County approved a local ban last month, “clearly adopted in response to the new statute,” explained Orange County attorney Dylan Schott, while Palm Beach and Miami Dade counties already have encampment bans in place.

Neighboring Osceola and Seminole counties plan to pass their own local bans in the coming months, according to Schott, as are the cities of Lake Buena Vista — the mailing address for Walt Disney World — and Maitland. Neighboring cities of Orlando, Ocoee, Windermere, Winter Garden and Winter Park either had existing encampment bans in place or adopted them after the state ban was signed into law earlier this year.

Under the new state law fully effective Jan. 1, local governments that receive notice of alleged violations of the statewide encampment ban will have five days to “cure” or fix the violation before anyone can take legal action against them.

A local ordinance essentially mirroring the state ban, according to Schott, “could reduce the risk of litigation and give the county some defenses should a lawsuit be brought against the county.”

If someone does sue the county for allegedly harboring or condoning public encampment, it’ll be taxpayers’ money on the line for litigation costs.

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An effort to beat the clock and the ban

Orange County, with a population of more than 1.4 million, has seen rapid growth over the last decade. Average rents, however — in addition to other basic expenses like groceries — have also shot up. A historic effort by Orange County leaders, and voters, to limit rent hikes in 2022 was ultimately voided thanks to realtor and developer lobbying groups. Available shelter capacity for those who can no longer afford the area (or have been evicted) is limited.

According to Lisa Klier-Graham, manager of the county’s Mental Health and Homelessness division, Orange County currently has a deficit of 926 shelter beds. In addition, advocates say existing shelters often impose certain rules for entry that can be prohibitive, like mandatory curfews, a no-pet policy, or requiring people to be sober.

For people with severe drug or alcohol dependence, this isn’t just an inconvenient requirement — without medically assisted detox, it could become a matter of life and death.

The county is currently working with the city of Orlando to create a new low-barrier shelter that is less restrictive for people with complex needs, and therefore more accessible. By making it a 24-hour, open-access shelter, staff say the shelter should pose little disruption to surrounding neighbors. But in the meantime, the scope of homelessness in the county has proved a visible and growing problem.

An annual count of homeless people across the region, conducted earlier this year, identified a 28 percent increase in overall homelessness from 2023, and a 153 percent increase in unsheltered homelessness, specifically — meaning, people living on the street, on sidewalks, in the woods or in other spaces not meant for habitation.

Orange County had more than 800 unsheltered people according to the count, which has, nonetheless, been widely considered an imperfect tool that likely undercounts the full scope of homelessness.

In recent years, both Orlando and Orange County have adopted what’s known as a “Housing First” approach to homelessness, which recognizes that in order for a person to address other problems they might have in their life — such as addiction or unemployment — they first need, at the very least, a safe and stable place to sleep at night.

“We have adopted the housing first model, because the data supports that it works,” said Klier-Graham.

County staff on Tuesday presented ideas to the county commissioners for what the county could accomplish with the extra $10 million county leaders allocated for homelessness solutions earlier this year. Goals include expanding existing initiatives — such as permanent supportive housing options — increasing shelter capacity, and launching new initiatives.

Altogether, the county proposed allocating $3.6 million to expand existing programs and services, and $6.4 million for brand-new initiatives. The new initiatives aim to target populations particularly vulnerable to homelessness, such as senior adults (who make up a growing proportion of the unsheltered population), homeless people with mental health and substance use disorders, and young adults aging out of the foster care system.

Ideas from county staff include:

  • Tiny homes ($1.85 million/year): The county would purchase tiny homes for unsheltered people, between 140 to 400 square feet, to serve as permanent supportive housing. The cost would depend on the manufacturer, but could range from $12,000 to $60,000 per unit (options are cheaper from overseas manufacturers).

  • Housing for homeless seniors ($725,000/year): The county would add 10 new units to an existing supportive housing complex — Maxwell Gardens Apartments — specifically for unsheltered adults aged 50 and older. This program, expanded to become a 24-hour diversion program, would offer assistance with permanent housing placement, 24/7 case management, food and employment assistance.

  • Hotel renovation ($1 million/year): The county would renovate a hotel “previously known for criminal activities” to create transitional housing for 54 unsheltered people with co-occurring mental health and substance use disorders. The program would offer behavioral support with daily programming, similar to a residential treatment program.

  • Landlord incentive ($500,000/year): The county would offer incentives to landlords to waive credit or debit history during screening and to accept tenants with up to two evictions on their records. Incentives would include a “risk mitigation package,” emergency rental assistance and coverage of losses, in the event a tenant misses rent or damages property.

  • Emergency bridge housing ($1 million/year): The county would establish emergency, temporary housing in hotel rooms for up to 30 unsheltered families, which the county estimates could reduce the unsheltered population by 120. The families would be connected with case management to assist in finding more permanent housing.

  • Job and skills training (included in bridge housing funding): The county would partner with community agencies to identify low-income or homeless adults to participate in an accelerated skills training program through Valencia College, with a goal of finding jobs that offer no less than $17 to $20 per hour.

  • Housing for former foster care kids (cost TBD): The county would establish a supportive “microhome village” for up to 60 young adults aging out of the foster care system who lack a familial support system.

None of these ideas are yet set in stone; all are still subject to county leaders’ approval. Staff believe these new initiatives and the expansion of existing programs will be able to help serve 1,020 unsheltered people in the county.

“Orange County is determined to take a holistic approach regarding homelessness by providing comprehensive services to the unhoused in our community,” said Klier-Graham, “while also minimizing the risk of litigation associated with the new bill.”

It’s unclear when county leaders can be expected to follow in the footsteps of neighboring municipalities and move forward with an ordinance to ban sleeping or camping on public property. But while commissioners seemed unhappy with the idea, no one outright expressed opposition to what was framed as an inevitable next step.

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This article appears in Nov 20-26, 2024.

General news reporter for Orlando Weekly, with a focus on state and local government and workers' rights. You can find her bylines in Creative Loafing Tampa Bay, In These Times, and Facing South.