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University of Miami International and Comparative Law Review

Abstract

The murder of George Floyd marked a watershed moment in the global fight against racism. In response, the United Nations Human Rights Council adopted Resolution 43/1, calling for a comprehensive report on systemic racism and human rights violations against Africans and people of African descent by law enforcement. Despite this increased scrutiny, legislators have increasingly used laws to police poverty. Florida House Bill 1365 went into effect on October 1, 2024, prohibiting public camping and sleeping on public property without authorization. Critics argue that such measures disproportionately target marginalized groups by criminalizing life-sustaining activities. Research suggests that repeated interactions, especially negative encounters, with law enforcement can erode trust, often rooted in perceptions of systemic bias. These dynamics undermine police legitimacy, the belief that authorities act fairly, respectfully, and within appropriate bounds. International human rights bodies, including the UN Special Rapporteur on racism, have noted that the enforcement of minor offenses in the U.S. disproportionately funnels African American individuals experiencing homelessness into the criminal justice system.

This Article examines police accountability in Florida within the criminalization of homelessness, using Florida HB 1365 as a policy inflection point. Grounded in human rights frameworks on equality and non-discrimination, this Article analyzes the disproportionate impact of police enforcement on marginalized populations experiencing homelessness, particularly Black, disabled, LGBTQ+, female, and older adults. Drawing on semi-structured interviews with people experiencing homelessness in Orlando, Florida, this study explores how unequal enforcement and disrespectful encounters erode trust and propose an expanded understanding of the human right to equality and non-discrimination.

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