The first national anti-vagrancy law was passed in 1866. However, in Florida and many other states, similar laws were passed directly after the end of the Civil War as part of the Black Codes. One of the purposes of these laws was to essentially re-enslave recently freed Black Americans under the 13th Amendment. The amendment prohibits slavery and involuntary servitude except “as a punishment for a crime for which a person has been duly convicted.” As newly freed Black Americans began their new lives, many had no real property or land to settle on, while many others were traveling, hoping to reunite with family members sold to enslavers prior to emancipation. Due to this, many anti-vagrancy laws were passed to target them. In Florida, Black people who were arrested and punished under these anti-vagrancy laws — codified during the 1865 Florida Constitutional Convention — were fined, imprisoned, and/or sold into indentured servitude to the highest bidder for a period of up to 12 months. Juries were permitted to “prescribe additional penalties,” meaning up to 39 lashes or an hour in the pillory; these additional penalties were reserved only for Black Americans, as the Legislature reasoned that degrading a white man by physical punishment would “create(s) a bad member of society.” Those imprisoned under the anti-vagrancy laws were often put into predominantly-Black labor camps where they could be leased out. This means that much of the early infrastructure of Florida was built by enslaved people, even after the end of the Civil War.
For more information about the Black Codes, visit other policy areas of The Florida Timeline: