Winter Haven responds to AG’s claims over public camping law violations

WINTER HAVEN, Fla. — In response to a violation notice sent by Florida Attorney General James Uthmeier’s office last week, Winter Haven city leaders said in a formal response that they have been following the rules when it comes to enforcing homeless encampments.

Uthmeier’s violation notice accused the city of not enforcing public camping and sleeping laws. The letter included photos of individuals sleeping on picnic tables, by trees, in tents, and at the bottom of playground slide.

The letter alleges that encampments and people sleeping on sidewalks and in parks are making public spaces unusable. The AG’s office asked the city to respond to his letter within five business days.

On Friday just before close of business, the city’s attorney sent the AG’s office a formal response.

The letter from the city states homelessness in Polk County was reduced by almost 39% in 2025, according to the 2025 Council on Homelessness annual report. The letter states that over the last eight months, the Winter Haven Police Department has cleared 25 unlawful campsites.

At the local level, they say police have been following the law in Winter Haven, which includes prohibiting people from setting up tents or shacks for overnight camping. Local laws also ban people from lying on publicly owned sidewalks during daylight hours, or in entryways of public buildings.

“Winter Haven accepts this responsibility and is pleased to report to you and the Attorney General that when City police observe, or receive notification of, a potential or an alleged public camping situation, police officers take immediate action to address the issue, including removing the person or the persons from the property and scene, clearing any litter that may be left behind, and sanitizing the site for the safety and health of the general public,” the letter stated.

The 2024 Florida law regarding public sleeping states that public sleeping and camping sites should be designed in each county, but include rigid requirements, like 24-hour security, access to mental health and medical care, running water, bathrooms and moving the site every year.

In its formal response, the city said it is not aware of applications to DCF to designate public spaces in Polk County for public camping or sleeping. The letter states that only county commissions have the capability to do that.

“The 2024 public camping and sleeping law does not allow cities, like Winter Haven, to file applications with DCF for public camping and public sleeping,” the letter states.

The formal response also states that homeless itself is not a crime.