Miami's camping enforcement was shaped by the Pottinger v. City of Miami consent decree (1998-2018), which limited arrests of unsheltered people for life-sustaining acts. Florida HB 1365 (2024) now requires cities to ban public camping, ending the Pottinger-era equilibrium.
From 1998 to 2018 Miami operated under the Pottinger v. City of Miami federal consent decree, which barred police from arresting unsheltered residents for life-sustaining conduct (sleeping, eating, urinating) without first offering shelter and limited property-destruction during sweeps. The decree was terminated by court order in 2019. Florida HB 1365, effective October 1, 2024, requires every Florida county and city to prohibit public camping and sleeping on public property and authorizes citizen lawsuits against jurisdictions that fail to enforce. Miami-Dade County operates the Homeless Trust shelter system, and Miami coordinates outreach before enforcement. Miami Code Sec. 37 and Sec. 38 (Parks) enforce park-closure and lodging-in-public bans.
Public camping under HB 1365 is a misdemeanor with fines and possible arrest, though Miami emphasizes shelter-first. Citizen lawsuits against the city for non-enforcement seek injunctive relief. Property destruction during sweeps can violate residual Pottinger Fourth Amendment standards.
See how Miami's lamc §41.18 encampment rule rules stack up against other locations.
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