Encampment Ban Heightens Risks for Miami’s Unhoused During Hurricane Milton

Florida’s houseless communities are reeling in the aftermath of Hurricane Milton, the second Category 5 hurricane of the season. The storm pummeled Central Florida with catastrophic rainfall, storm surges, and 100 mph wind gusts. It made landfall on Oct. 9 near Siesta Key, Florida, as a Category 3 storm. The storm left thousands of people displaced, raising concerns about the challenges faced by people experiencing houselessness, especially in light of the state’s new encampment ban as hurricane season continues.

The new anticamping law, passed by Gov. Ron DeSantis, went into effect on Oct. 1, just days before Hurricane Milton made landfall in Western Florida. While the law includes exceptions during emergencies like major storms, those protections end when the hurricane order is no longer in place. Beginning in January 2025, any citizen or business can sue municipalities if they feel the anticamping ban is not being adequately enforced. The ban has raised concerns about its implications for vulnerable populations as severe weather events approach.

Before Milton’s arrival, the Southern U.S. was hit by Category 4 Hurricane Helene, which caused at least 223 fatalities, catastrophic flooding, numerous landslides, and 2.6 million power outages. Residents in the six affected states were still coming to terms with the estimated $47.5 billion in property damage when Hurricane Milton hit Florida. The storm battered several cities and towns, with some, including the barrier island city of St. Pete Beach, experiencing devastating floods that rendered the area largely uninhabitable and damaged most of the homes.

According to Martha Are, the CEO of Homeless Services Network of Central Florida, in anticipation of hurricanes, the network collaborates with local emergency management and transit systems to ensure that those without homes are informed about available shelter options. Are explained that many people opt for emergency weather shelters instead of traditional homeless shelters, which have limited capacities. Outreach teams actively inform homeless people about which shelters are pet-friendly or equipped to handle individuals with medical needs, ensuring that those affected by the storm can find refuge.

However, the impact of these hurricanes goes beyond immediate shelter needs. Each storm results in the loss of housing units, particularly affordable housing, which are often not rebuilt in a way that remains accessible to low-income individuals.

“Every hurricane, we lose a few more units of housing,” Are said. “When affordable housing is destroyed, it often gets rebuilt at a higher price point, making it inaccessible for those who need it most.”

Although Florida’s encampment ban does not apply during severe weather, the fear of enforcement has created anxiety within the homeless community.

“Many people have retreated further into the woods to try and stay safe, making it harder for us to reach them,” Are said. She expressed concern about the potential dangers of future hurricanes: “If we need to get people to safety during a storm, they may avoid us out of fear of penalties.”

David Peery, the founder of Miami Coalition for Racial Equality, explained the complexities of hurricane preparedness for those experiencing homelessness. Peery said the process begins with a hurricane warning issued by the National Weather Service, prompting the Miami-Dade Homeless Trust to suspend the usual coordinated entry process. This allows homeless individuals to access any available shelter without the usual barriers.

“Coordinated entry means you typically go through one point to find shelter,” Peery explained. “When a hurricane warning is issued, that system is suspended to ensure everyone can find shelter quickly.”

During emergencies, shelters often expand their capacity, utilizing cafeterias and other communal spaces to accommodate more individuals. However, the key question remains: What guarantees do homeless individuals have for shelter during such crises?

Peery highlighted a controversial policy from 2017 when Hurricane Irma threatened the region. The chair of the Miami-Dade Homeless Trust at the time, Ron Book, mandated that homeless individuals who refused shelter during evacuation orders could be involuntarily committed under Florida’s Baker Act. This decision sparked widespread criticism for its potential violation of rights and for treating individuals experiencing homelessness as if they were a danger to themselves or others.

“During Irma, at least two dozen people were reportedly handcuffed and placed in police cars to be taken to shelters,” David recalled. “While most complied, the use of handcuffs raised serious ethical concerns about how we treat vulnerable populations.”

Since that incident, there have been no reported similar actions during subsequent hurricanes, although the atmosphere surrounding homelessness has not improved, particularly with the encampment ban now in effect. Peery noted that the ban exacerbates feelings of fear and mistrust among the homeless, making them less likely to engage in outreach efforts.

“People are scared, paranoid, and operating from a place of sleep deprivation,” he said. “The encampment ban only intensifies this fear, making it harder to connect with those in need during a crisis.”

Additionally, homeless people are legally excluded from receiving housing and other assistance through the Federal Emergency Management Agency because the storm did not cause them to lose their homes. FEMA’s Individual Assistance Program requires proof of occupancy and identifying documents that unsheltered people typically lack. FEMA restricts housing assistance for individuals who were already homeless, stating that their need for housing was not a result of the disaster. However, those experiencing homelessness may qualify for temporary aid in transportation, funeral costs, childcare, and medical assistance.

FEMA does allow individuals who lived in “non-traditional forms of housing” such as tents, specific types of huts, and lean-tos before the disaster to apply for a limited amount of rental assistance. To access this funding, applicants must verify their living situation from a credible or official source before the storm. Following years of advocacy from housing organizations, the federal Department of Housing and Urban Development (HUD) launched the Rapid Unsheltered Survivor Housing (RUSH) program, utilizing unspent funds from another emergency grant initiative. RUSH is designed to assist individuals who were homeless before a storm or other climate disaster, with the first grants distributed after Hurricane Ian in 2022.

As the community grapples with the implications of the encampment ban, Peery emphasized the need for a more humane and trauma-informed approach to homelessness. He called for low-barrier shelters that do not impose punitive rules and allow individuals to maintain a sense of autonomy.

“Instead of viewing the homeless through a lens of judgment, we should ask, ‘What happened to you?’” Peery said. “This shift in perspective could foster trust and facilitate better outreach.”

Looking ahead, Peery believes that community engagement and the development of permanent supportive housing are essential. He advocates for utilizing underused properties to create livable spaces, emphasizing the importance of addressing systemic issues that lead to homelessness rather than criminalizing those affected.

“The key is changing our approach,” Peery said. “By fostering a compassionate understanding of homelessness, we can create more effective solutions that protect our most vulnerable during hurricane season and beyond.”

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