Florida is stepping boldly into the national legal and moral debate over homelessness, with the passage of HB 1365 banning public camping and sleeping, and with Governor Ron DeSantis signaling even stronger enforcement following a recent Supreme Court ruling. At the same time, a judge in Oregon has thrown a wrench into similar efforts in that state, raising questions about how far cities can go without violating constitutional rights—questions Florida cities like Jacksonville now face head-on.

The Legal Backdrop: SCOTUS Opens the Door, But Oregon Pushes Back

The U.S. Supreme Court’s ruling in City of Grants Pass v. Johnson gave local governments more authority to prohibit outdoor sleeping, even when shelter space is lacking—overturning a Ninth Circuit ruling that had treated such bans as "cruel and unusual punishment" under the Eighth Amendment.

Florida lawmakers, encouraged by this 6-3 decision, see HB 1365 as a "carrot and stick" model. Local governments must create designated encampments with restrooms, security, and bans on drugs and alcohol, and in turn, are empowered to remove homeless individuals from all other public spaces.

But a recent ruling in the very city at the heart of the Supreme Court case complicates the picture. On March 21, Josephine County Circuit Judge Sarah McGlaughlin blocked Grants Pass from enforcing its camping bans unless it expands capacity and ensures accessibility for people with disabilities at its designated sites. The ruling, stemming from a case filed by Disability Rights Oregon, reminds local governments that enforcement must still comply with state laws and the Americans with Disabilities Act.

Jacksonville’s Tightrope: Compliance, Compassion, and Criticism

Back in Florida, cities like Jacksonville were required to be fully compliant with HB 1365, by January 2025 or face civil lawsuits.

Mayor Donna Deegan’s administration responded with a comprehensive 12-point plan. The initiative would have increased bed capacity in shelters, repurposes hotels, and enhances 24/7 outreach via the Jacksonville Fire and Rescue Department’s PATH Team. The plan emphasized data transparency and aimed to make homelessness "rare, brief, and one-time."

Since enforcement began in October 2024, Jacksonville has issued over 500 warnings and made 86 arrests for public camping violations. Outreach efforts have also led to over 900 contacts and 60 shelter placements. The Mayor's Office insists the strategy is working, with real examples of individuals finally accepting help after repeated refusals.

But the rollout hasn’t been without political heat. Councilman Rory Diamond accuses the Deegan administration of pushing homeless populations into residential neighborhoods and turning Jacksonville into a “magnet for out-of-town homeless.” Diamond also criticized the mayor for not yet establishing official, state-compliant encampment sites even though the City Council Finance Committee reduced her $10 million homelessness budget to $1 million. They welcomed the mayor to return to the council with legislation to get additional funding, but that did not occur.

The mayor’s team defends their approach as measured, strategic, and humane. They say 90% of those contacted are not even from Jacksonville, underscoring the regional complexity of the issue. In response to critics, the city emphasizes its coordination with Beaches municipalities, its five-year strategic plan, and calls for private funding to meet the nearly $14 million projected total need.

The Broader Implications: State Mandates vs. Local Realities

The Florida law—and Jacksonville’s attempt to comply—highlights a deeper national tension: how do you enforce public space ordinances in a way that balances community quality of life, individual dignity, legal compliance, and budgetary constraints?

Critics of HB 1365, like Diana Stanley of The Lord’s Place in West Palm Beach, argue that the law criminalizes poverty while doing little to address its root causes. They point out that Florida’s encampment requirements amount to an unfunded mandate, leaving cities on the hook for multimillion-dollar solutions with little state support.

Meanwhile, cities that move too aggressively face their own legal exposure. As the Grants Pass ruling shows, even post-SCOTUS, enforcement must still be "objectively reasonable" and compliant with disability rights.

Navigating Between the Lines

Jacksonville is caught in the crosshairs—between the demands of a new state law, the threat of lawsuits, the pressure of public opinion, and the ethical imperative to treat homelessness not just as a public nuisance, but as a human condition requiring care, services, and stability.

As Mayor Deegan’s administration finalizes its five-year plan, and as Florida lawmakers consider “tightening” HB 1365 further, the real test will be whether legal authority translates into long-term solutions—or just more displacement.

The courts, from Oregon to Washington D.C., are watching. And soon, perhaps, they’ll be watching Jacksonville, Florida too.