Martin County Homeless Man Tests Florida's Public Sleeping Ban — and Finds No Legal Ground

Justin "TC" Ducasse has slept outside in Martin County since he was 18 years old. Under a Florida law that took effect last year, that may now make him a criminal every night he cannot find a bed indoors.

Ducasse, a longtime Treasure Coast resident who says he is working to save money for housing, has appeared at three consecutive Martin County Commission meetings in recent weeks to make a pointed argument: HB 1365, signed by Gov. Ron DeSantis in 2024 and banning public sleeping statewide, leaves people in his situation with no lawful option.

"I literally have no choice — if I wanted to stay inside of the law, then it would be literally impossible," Ducasse told commissioners at a recent meeting. His frustration has hardened into a dare. "I still have to commit a crime to sleep tonight," he said from the public podium. "The best spot would be the Martin County Sheriff's Office front lawn."

HB 1365, sponsored by Rep. Sam Garrison (R-Fleming Island) Officials said, passed the Florida Legislature in the 2024 session and requires local governments to enforce prohibitions on camping or sleeping in public spaces. The law gives municipalities the option — but does not mandate — creating a designated outdoor sleeping area as a legal alternative. Officials said

Martin County Human Services Director Michelle Miller confirmed this year's Point-in-Time count recorded 212 total homeless individuals in the county, 138 of whom were unsheltered. The total homeless population has increased slightly since 2025 Officials said, though the number sleeping without any shelter has declined modestly, Miller said.

Miller said the county has no plans to establish a sanctioned outdoor encampment, noting that the law does not require one. "We would provide them with the local resources that would help that person get into shelter," she said. "But it really depends on that person's situation."

What she did not say was how many shelter beds are currently available in Martin County — or whether supply meets the demand represented by those 138 unsheltered individuals. Officials said

No one at the county level confirmed whether any Martin County resident has been cited or arrested under HB 1365 since its enactment. Officials said

Legal advocates say the statute creates a structural trap for the working poor. Officials said

Ducasse says he is not leaving the commission chambers until he gets an answer.

"It is not just me and we have nowhere to sleep," he said. "I'm just letting everybody know that this is what's going on and we need to fix this."

Residents seeking housing resources can contact Martin County Human Services at (772) 288-5785.

— Reporter's note: This story requires follow-up calls to the Martin County Sheriff's Office on citation data, a shelter operator for bed-capacity figures, and a housing law attorney. A fully sourced version requires a minimum of four named sources. See editor flags.

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