Gloria Johnson Act

The above linked files are the current rough draft or template of the Florida version of the Gloria Johnson Act, the Summary of the Act, and a draft template Fact Sheet for legislators. 

About the act and why it’s necessary:

The Gloria Johnson Anti-Cruelty to Floridians Experiencing Homelessness Act is a proposed legislative response to the 2024 Supreme Court decision in City of Grants Pass v. Gloria Johnson. Its primary goal is to eliminate civil and criminal penalties for homeless individuals who engage in basic survival activities on public land when no adequate housing alternatives exist.

Core Protections and Rights

The Act establishes specific statutory rights for individuals experiencing homelessness to use public spaces without discrimination. These include:  

• Life-Sustaining Activities: The right to sleep, sit, stand, and protect oneself from the elements on public land, provided these actions do not dangerously obstruct traffic.  
• Mutual Aid: The right to offer, share, or accept food, water, and money in public places without facing sanctions.  
• Property and Privacy: The right to privacy regarding personal property stored in public spaces, protecting it from unreasonable search and seizure.  
• Vehicle Residency: The right to occupy a motor or recreational vehicle parked on public property for life-sustaining activities, including protections against immediate towing or excessive storage fees.  

Strict Definition of “Adequate Shelter

The Act sets a high bar for what the state must provide before it can legally move or penalize someone. To be considered adequate alternative indoor space, the shelter must:

• Be available at no charge and not require daily re-application.  
• Accommodate pets, partners, and family members.  
• Allow the individual to keep their personal possessions.  
• Meet specific standards if using “tiny homes,” including climate control and locking doors.  
• Be located within the same jurisdiction or provide free transportation to ensure the individual can still attend to personal or professional business.

Legal Defenses and Interpretations

The Act shifts the legal burden to protect the individual during prosecution:

• Necessity Defense: It creates an affirmative defense for those charged with “life-sustaining” violations; if the individual had no access to adequate shelter, they cannot be held liable.  
• Rebuttable Presumption: Once a defendant raises this defense, the court presumes no adequate space existed. The prosecution then bears the burden of proving that a specific, adequate indoor space was actually available.  
• Constitutional Stance: It declares that punishing homeless individuals for survival acts in the absence of shelter is a violation of the Florida Constitution’s protections against cruel and unusual punishment.

Enforcement and Accountability

To ensure compliance, the Act includes several “teeth” for enforcement:

• Private Right of Action: Any individual adversely affected by a violation of this Act can sue the state or local government.  
• Attorney General Oversight: The Florida Attorney General is authorized to bring civil actions against government entities that violate these provisions.  
• Abrogation of Immunity: Government officials and local entities cannot claim immunity (such as under the 10th or 11th Amendments) to avoid lawsuits related to this Act.  
• Legal Fees: Prevailing plaintiffs are entitled to recover litigation costs and reasonable attorney’s fees. 

The Path Forward

The Act encourages a transition away from “encampment sweeps” and policing, which often exacerbate the crisis, toward evidence-based approaches that focus on housing and services. By decriminalizing rest, resources can be redirected from law enforcement to addressing the root causes of poverty in Putnam County.

Deeper breakdown of the Act here.

FAQ’s

Does this bill allow people to camp anywhere they want in Putnam County?

No. The Act allows individuals to conduct life-sustaining activities on public land only if those activities do not obstruct the normal movement of pedestrian or vehicular traffic in a way that creates a hazard to others. Furthermore, these protections only apply if the jurisdiction has failed to provide “adequate alternative indoor space”.

Didn’t the Supreme Court already rule in Grants Pass that we can fine or arrest people for sleeping in public?

The Supreme Court’s decision in Grants Pass rejected federal Eighth Amendment protections against such punishments. However, this Act establishes a State of Florida statutory right and declares that, for the purpose of interpreting the Florida Constitution, such punishments are considered cruel and unusual. It seeks to protect Floridians’ rights at the state level regardless of the federal ruling.

What are the financial and legal risks to Putnam County if this Act passes?

The Act includes several provisions that increase the County’s liability:

• Loss of Immunity: Neither the local government nor its officials can claim immunity from lawsuits under the 10th or 11th Amendments regarding violations of this Act.  
• Private Lawsuits: Any individual adversely affected can sue the County or its officials.  
• Attorney’s Fees: If the County loses a case, it is required to pay the plaintiff’s litigation costs and reasonable attorney’s fees.  
• Attorney General Actions: The Florida Attorney General can also sue local governments to set aside policies that violate the Act.

How does the “Necessity Defense” change how our local law enforcement operates?

If a homeless individual is charged with a crime for survival behavior (like sleeping in a park), they can claim they had no access to adequate indoor space. Once they raise this defense, the court presumes they are telling the truth. The prosecution then carries the burden of proving that a specific, adequate indoor space was actually available to that person at that time.

Won’t this make it harder to keep our public spaces clean and safe?

The Act argues that jailing and fining people who have nowhere to go does not actually advance public safety or stop homelessness. Instead, decriminalizing rest allows the County to redirect resources away from law enforcement and toward addressing the root causes of poverty, such as the lack of affordable housing.