Public camping ban spurs housing action
Tiny homes among solutions on the way, county says
Amelia Orjuela Da Silva, Miami Times Staff Writer
Oct 1, 2024
As a new state law prohibiting public sleeping went into effect on Oct. 1, Miami-Dade County is intensifying its efforts to find housing solutions for its homeless population.
The law, signed by Gov. Ron DeSantis in March, legally obligates local governments to enforce a ban on public camping, which could impact how the state addresses homelessness. Residents will have the right to sue starting Jan. 1, 2025, if local governments fail to enforce the ban.
Understanding HB 1365
House Bill 1365 mandates that counties and cities cannot allow camping in public spaces, meaning individuals who sleep on public land, whether out in the open or in tents, could face repercussions. Recreational campers are not affected if they are at designated campgrounds, and people can still sleep in their cars as long as the vehicles are registered, insured and legally parked.
The law does not specify penalties for violations, leaving enforcement to local governments. While the law does not impose jail time for offenders, municipalities may resort to arrests to avoid potential lawsuits, especially for those who refuse shelter. Additionally, local governments that lack shelter beds are permitted to designate outdoor spaces for encampments, subject to state approval.
Tiny homes pilot
A key focus leading up to the ban’s effective date has been on tiny homes, the pilot program of which was discussed at the Sept. 26 meeting by Miami-Dade’s Homeless Trust. The program is designed to establish a community of at least 175 tiny homes as an immediate response to the housing crisis. Each unit, approximately 460 square feet, will feature two bedrooms, a kitchen, a living area, a bathroom and split A/C.
Ron Book, chairman of the Homeless Trust, explained that they discovered the reliable and comfortable product through PTH America,which provides a “comprehensive solution for cost-effective prefabricated homes.”
The Homeless Trust has not yet disclosed a location for the houses.
“We think we have identified a good site, we think it is a good idea, but it is premature, and we don’t want to sabotage ourselves,” said Book.
Concerns about the pilot came up, with one board member questioning whether building upward is a better solution. However, Book stood steadfast in his support for tiny homes.
“It’s about creating housing opportunity,” Book said. “The [Homeless] Trust owns and not only controls availability, but we control the pricing. If you will, into the future, when our formerly homeless individuals who are going to have more constrictive, if you will, economics, we don’t want them to be subject to high rent increases, special assessments, and our model is solving that problem.”
Victoria L. Mallette, executive director of the Homeless Trust, also stood in support of the pilot program.
“The concept of the tiny homes is that they are just quicker,” she said. “If you started a development deal today, you won’t have anything until three to four years.”
Book told The Miami Times that the product the trust has identified has got to finish its product testing to meet building code standards, including hurricane wind velocity standards.
“I’m hopeful that within the next 60 to 75 days, they will get their approvals, and within 60 to 75 days thereafter, we could potentially be ready to set up the first 75 with another 75 coming quickly thereafter,” he said.
A call to action
Book told The Miami Times that the new law has created a call to action.
“We’re turning what is otherwise a potential negative situation into something more positive,” he said. “I think the call to action is helping to press us to find more opportunities to rent beds and create more housing opportunities.”
“Because it’s no longer about shelter,” Book added. “It’s really about housing.”
According to the Homeless Trust census, the number of homeless people countywide increased by 3% from August 2023 to August 2024, with nearly 2,800 people living in emergency shelters and about 1,000 more on the streets.
Book told his fellow board members at the Sept. 26 meeting that it was important to consider the new projects coming up and that the real threat is Jan. 1, when residents can begin to sue.
“I don’t want to look like San Francisco or Seattle,” he said. “I want to continue to look like what our community looks today, which is a community that has reduced unhoused homelessness by 90% in 34 years.”
Moreover, Mallette noted that Miami-Dade County Mayor Daniella Levine Cava has set a goal to build at least 1,000 extremely low-income (ELI) or supportive housing units in the next year.
Among the projects highlighted was the pending conversion of the La Quinta Inn in Cutler Bay into permanent supportive housing for seniors, which the Board of County Commissioners approved on Sept. 17 despite objections by Commissioner Danielle Cohen Higgins, who represents Cutler Bay.
Book said they have identified the changes needed for the hotel conversion and plan to close the purchase by Oct. 28. They also found space for 109 units instead of 107.
“Our hope with that project is to have the first person placed by the end of the year or, if not, before,” said Mallete during the meeting.
Book also said they had the keys for a new 10-unit housing property in the Villages of Old Cutler. They are also working on an 8-unit property in Wynwood, which will be presented to the Board of County Commissioners soon.
In the meantime, Miami-Dade plans to build a low-barrier navigation center as a temporary solution for the homeless. It will provide indoor shelter, beds, bathrooms and health services to help people transition to long-term housing more effectively than outdoor encampments.
“The end is in sight. We see the light at the end of the tunnel,” Book said.
Long-term affordable housing
Beyond immediate responses, Miami-Dade County is also pursuing long-term affordable housing initiatives, including one passed by the county commission on Tuesday. A project outside South Dade Government Center aims to transform over seven acres of underutilized county land into 352 affordable housing units.
“This project is not only crucial for those in need of affordable housing, but it also represents a unique approach to land use in our county,” said Cohen Higgins, who led this resolution. “We’re utilizing what we have — county-owned land — to meet the urgent housing needs of our community.”
This initiative, structured under a 99-year lease, ensures long-term affordability and includes community input throughout development.
“This is a transformative opportunity,” Cohen Higgins added. “We are thinking outside the box. We’re not looking for vacant parcels; we’re taking underutilized space and turning it into a monetized asset that will benefit our residents for generations.”
Though Cohen Higgins’ item is not directly related to the state’s public sleeping ban, she did nevertheless address the new law and its implications on local shelter capacity in an exclusive interview with The Miami Times.
She emphasized the urgent need to ensure that community partners, such as Camillus House and Chapman Health, retain their bed availability amid the ongoing changes. She said reports indicate that hundreds of beds could go offline due to the law’s enforcement.
“We are specifically messaging to ensure that our community partners are receiving the funds they need to ensure that they’re not limiting beds and having to close down access to beds during this critical time,” Cohen Higgins said.
She urged the Homeless Trust to provide timely funding to prevent shelters from limiting their services during this transition.