Case Explained:This article breaks down the legal background, charges, and implications of Case Explained: Winter Haven pushes back against attorney general’s warning on camping law – Legal Perspective
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- Florida’s Attorney General warned Winter Haven about an alleged violation of the state’s “anti-camping” law.
- Winter Haven’s police chief stated that being unhoused is not a crime, but the department enforces state and local laws.
- The city has a “Sit-Lie Ordinance” that restricts sitting or lying on public sidewalks during certain hours, with exceptions for parks.
The Winter Haven Police Department fully enforces state laws in city parks, according to Police Chief Vance Monroe, while maintaining a position that being unhoused is not by itself a crime.
The City of Winter Haven received a letter from Florida Attorney General James Uthmeier dated Jan. 6 that warned the city was in alleged violation of the state’s “anti-camping” law.
In October 2024, the Florida’s “anti-camping” law took effect prohibiting individuals from camping or sleeping on public property, such as city or county parks, sidewalks or streets.
“Specifically, the complainant alleges (and documents) that growing number of persons are residing in parks, city sidewalks and public benches, over several months, rendering these public spaces unusable,” reads Uthmeier’s letter.
Monroe said Winter Haven officers actively enforce the state’s law, but also local Polk County and a city ordinance that prohibit sitting or lying on public sidewalks.
“The City of Winter Haven actively enforces these State, County and Local regulations, all of which apply to public spaces such as parks, sidewalks, and rights of way. When an unhoused person violates any of these, the Winter Haven Police Department takes immediate action to address the situation, including removing the person(s), clearing any litter left behind, and sanitizing the site for public health,” the city said in a statement.
Under the city’s law, known as the “Sit-Lie Ordinance of 2023,” a person cannot sit or lie on a public sidewalk between the hours of 7 a.m. to 10 p.m. in a way that obstructs free passage of other individuals or in the doorways of publicly owned buildings during the hours it is open to the general public.
Winter Haven’s law does contain some exceptions. It states that the city’s ban against sitting or lying down on a sidewalk doesn’t apply “in a public park” or when “utilizing an object on a sidewalk supplied by any public agency in the manner in which it was intended, such as sitting on a chair or a bench.”
This seems to fall in alignment with an opinion voiced by Monroe in his response to the AG’s office.
“The act of homelessness, or being unhoused, is not in and of itself a crime. The City of Winter Haven and Winter Haven Police Department respect the constitutional rights of all individuals, regardless of income or housing status,” reads the city’s statement. “Unhoused persons may be in and utilize public spaces, just as any other citizen, during the hours those spaces are open (typically dawn to dusk for parks) and in accordance with all applicable laws.”
Is homelessness a major issue in Winter Haven?
Winter Haven police officers answered 60,967 calls for service last year in 2025, Monroe said.
Of those, about 1.4% calls were in some way related to homelessness. That’s approximately 850 calls, or about two or three a day.
In May, the police department created a strategic response unit with members assigned to geographic areas of the city to proactively patrol, build relationships and identify areas of concern. The unit’s initiatives include identifying and removing unlawful campsites within Winter Haven.
Since May 2025, Monroe said the unit has removed 25 campsites where two or more individuals were sheltering. Most of these camps were on public property and immediately addressed, Monroe said. Officers worked with private property owners when needed to obtain authority to address the illegal camps and trespass the individuals involved.
Winter Haven officers are instructed to connect any homeless individual they encounter with local resources that might be able to assist, Monroe said. The city has a variety of partnerships with nonprofits, including the United Way, the Homeless Coalition of Polk County, Heart 4 Winter Haven and others.
Talbot House Ministries opened a shelter for women and childrens at 320 Martin Luther King Blvd. NE, the former Salvation Army shelter, in August.
The Mission, at 180 E. Central Ave., is a nonprofit that provides homeless services, a soup kitchen, food pantry and other essentials to those in need in Winter Haven.
What actions can residents take?
If a Winter Haven resident or visitor sees a situation that they feel creates a danger or violates any state, county or local laws, they are encouraged to call 911 or the police department’s non-emergency line 863-291-5858. The police department has also launched a Community Watch campaign to work with private property owners to proactively provide trespass authorization and post signs indicating such on their private property.
Under the program, private property owners can get a customized sign with their business or residential name and a unique WHPD code that cites Florida Statute 810.09 against trespassing.
The cost is $50 per sign, and the fee supports the police cadet program. Those who are interested can visit mywinterhaven.com/165/police or call 863-291-5858.