Will public sleeping ban result in local lawsuits?

St. Petersburg residents can now sue the city for not enforcing a controversial law banning sleeping in public spaces. Police Chief Anthony Holloway believes there is no cause for concern.

Other city and county officials share Holloway’s sentiment. However, some stakeholders believe the number of homeless people camping in downtown parks has unabatedly increased.

Holloway, Pinellas County Commissioner Kathleen Peters and Amy Foster, the City’s housing and neighborhood services administrator, have pointed to pervasive confusion regarding House Bill 1365. The law took effect Oct. 1 and bans anyone with “personal belongings” from sleeping on “any public property.”

As of Jan. 1, Floridians can pursue civil litigation against noncompliant local governments. Contrary to popular perception, the bill only prohibits overnight sleeping.

“I think they thought when this ordinance passed, there was no more sleeping – period,” Holloway explained. “Well, it doesn’t say that. It’s not 24/7.”

Foster, who previously led the county’s Homeless Leadership Alliance (HLA), frequently interacts with St. Petersburg’s unhoused residents. She said most have heard about the new law.

Many say they haven’t encountered law enforcement issues. Foster noted they typically heed an officer’s request to “move along.”

The law states local governments must not allow people to “regularly engage” in public camping. Instructing them to leave would constitute compliance, whether they head to a homeless shelter or another urban area.

Foster said people could also remain awake overnight. She reiterated that sleeping throughout the day is allowable – despite the number of related complaints sent to City Hall.

“People have a constitutional right to take up space,” Foster said.

Two people sleep in front of a business in downtown St. Petersburg. The owner could sue the city if it became a reoccurring problem. Photo by Mark Parker.

Due to the bill’s ambiguous language, a countywide consortium met with the Sheriff’s Office to define overnight hours for a local ordinance. Sleeping in public from dusk until dawn is forbidden; however, Foster said people could remain in parks with extended operating hours.

Holloway stressed the importance of educating residents on the law’s nuances. He said officers “haven’t really seen an increase in our unhoused population.”

The HLA conducts an annual Point in Time count that provides a momentary snapshot of area homelessness. The latest report found that at least 2,110 people lacked housing in Pinellas on a single night in January 2024.

Self-reported Pinellas County Schools data showed that 3,555 local children went without stable housing between August 2023 and January 2024. The surveys – and law – exclude those sleeping in cars or couch surfing with family and friends.

Holloway believes the number of homeless individuals has remained steady since the law took effect. He also surmised that some new residents are unaccustomed to seeing the same “10 to 25” people congregating around town and think “there should be no unhoused individuals.”

“You’re going to have some unhoused individuals,” Holloway continued. “Look at what just happened with those two hurricanes that came through. There are a lot of unhoused people right now who are looking for homes.”

Residents and business owners must document instances of people sleeping in public and provide local governments with notice of potential non-compliance. The bill gives officials five business days to “cure” alleged violations.

If a plaintiff wins a subsequent civil suit, the court can award “reasonable expenses” incurred during litigation, including attorney fees and investigative costs. The law exempts areas under a state of emergency.

“We will take action if we see a violation,” Holloway said. “We’re not going to move someone along when they’re not violating the law.”

Peters broached the bill at a Dec. 18 Tourist Development Council meeting. She said Sheriff Bob Gualtieri has done an “outstanding job” proactively aligning with the legislation.

She noted the county has funded case managers, counselors and local law enforcement initiatives to help the homes find an alternative to spending the night in public spaces. Peters said Gualtieri found about 400 violations in May 2024.

She said the number of people sleeping in public dropped to 142 during a subsequent count in December. Deputies found no large groups or people sprawled on sidewalks.

Gualtieri called the issue nominal in a Dec. 18 memo. Peters credited outreach efforts for the decrease.

“I think public sleeping can be a detriment to our tourists; I think it can frighten some of our tourists,” Peters added. “I think this is one more step to ensuring our tourists … have a sense of safety. And so, I’m really proud of the work we’ve all done.”