Fishback Says He Would Send Florida Guard Into Homeless Encampment Fight

TALLAHASSEE, Fla. , Republican gubernatorial candidate James Fishback said he would send the Florida National Guard into the state's largest cities to remove homeless encampments, turning Florida's public-camping enforcement fight into a campaign test of how far state power should go.

Fishback made the pledge in a campaign video posted to X, according to the posted clip and local transcript. The Florida Division of Elections lists Fishback as an active Republican candidate for governor in the 2026 general election, with a filing date of Nov. 24, 2025.

The proposal lands against an existing state law, HB 1365, that bars counties and municipalities from authorizing regular public camping or sleeping on public property. Florida law also gives the governor command authority over the state militia and the Florida National Guard, but the statutes most directly tied to civil enforcement use language about emergencies, public peace, execution of state laws, or civil authorities being unable to suppress a qualifying threat.

What Happened

Fishback's video framed the proposal as one of the first actions he would take if elected governor. The transcript contains one low-confidence phrase near the beginning, so this article does not quote that fragment.

The clearest verified line is direct. Fishback said, "I will dispatch the Florida National Guard to our largest cities to remove the illegal homeless encampments so the homeless can get the care that they need and we get the safety we deserve."

Fishback's campaign site says he is running to succeed Ron DeSantis as Florida's next Republican governor.

The National Guard pledge goes beyond the public-camping process already described by state and local officials. Section 125.0231 of the Florida Statutes says, with exceptions for county-designated sites certified by the Department of Children and Families, "a county or municipality may not authorize or otherwise allow any person to regularly engage in public camping or sleeping on any public property."

Fort Lauderdale's city guidance shows a local enforcement path built around written complaints, a five-business-day response window, police contact, and offers of shelter or services where available. The city says reasonable action must occur within five business days after written notice is processed through FixIt FTL.

The Legal Question

Florida's governor has broad command authority. Section 250.06 says, "The Governor of Florida is the commander in chief of all the militia of the state."

That same statute says the governor may order all or part of the militia into state active duty to preserve public peace, execute state law, enhance domestic security, respond to terrorist threats or attacks, respond to an emergency, or provide emergency aid to civil authorities.

A second statute, Section 250.28, is narrower and more direct on military support to civil authorities. It applies when there is an invasion, insurrection, threat to security, terrorist threat or attack, riot, mob, unlawful assembly, breach of the peace, resistance to execution of state law, or imminent danger of those conditions, "which civil authorities are unable to suppress."

That wording matters. Fishback's video states a desired outcome, but the clip does not lay out a legal trigger, city-by-city command structure, funding source, rules for soldiers interacting with unsheltered people, or a shelter and treatment capacity plan.

The Response

Supporters of a tougher approach can point to the law DeSantis signed in 2024.

"Florida will not allow homeless encampments to intrude on its citizens or undermine their quality of life like we see in states like New York and California," DeSantis said when he signed the bill. "The legislation I signed today upholds our commitment to law and order while also ensuring homeless individuals have the resources they need to get back on their feet."

Civil-rights and housing advocates argue the same statute leaves local governments room to avoid arrests and fines. Southern Legal Counsel, the National Homelessness Law Center, the Southern Poverty Law Center, and the Florida Justice Institute told Florida local officials in an April 2025 statement that the law does not require criminal penalties for sleeping outside.

"We first emphasize that there is nothing in the new law that requires local governments to arrest unsheltered individuals for sleeping or camping outdoors or to otherwise criminalize life-sustaining conduct," the organizations said.

The Florida Coalition to End Homelessness says an estimated 28,498 people experience homelessness on any given night in Florida. The coalition says 20 percent are chronically homeless, 17 percent report severe mental illness, and 13 percent have a substance-use disorder, while the primary driver is a shortage of affordable housing.

Photo: Sgt. Michael Baltz / The National Guard via Wikimedia Commons (CC BY 2.0).

By The Numbers

Florida has an estimated 28,498 people experiencing homelessness on any given night, according to the Florida Coalition to End Homelessness.

The same coalition says 20 percent of Florida's homeless population is chronically homeless, 17 percent reports severe mental illness, and 13 percent has a substance-use disorder.

Fort Lauderdale tells residents and business owners that written complaints under HB 1365 require reasonable action within five business days after processing through the city's FixIt FTL system.

Fishback filed as an active Republican candidate for Florida governor on Nov. 24, 2025, according to the Florida Division of Elections.

What People Are Saying

Fishback: "I will dispatch the Florida National Guard to our largest cities to remove the illegal homeless encampments so the homeless can get the care that they need and we get the safety we deserve."

DeSantis: "Florida will not allow homeless encampments to intrude on its citizens or undermine their quality of life like we see in states like New York and California."

Southern Legal Counsel and partner groups: "There is nothing in the new law that requires local governments to arrest unsheltered individuals for sleeping or camping outdoors or to otherwise criminalize life-sustaining conduct."

Florida Statutes, Section 250.28: military support to civil authorities applies when listed threats or resistance to state law exist and civil authorities are "unable to suppress" them.

The Big Picture

Fishback's proposal gives Florida Republicans a sharper version of a debate the state already opened with HB 1365: whether public camping should be treated mainly as a law-enforcement problem, a services and shelter problem, or both.

The next test is whether Fishback releases a written plan. A complete version would need to explain which statute he would use, what conditions would trigger Guard deployment, how cities would coordinate with the state, and where people would be taken.

Until then, the video is a campaign pledge with unresolved operational questions.