Attorney General James Uthmeier said Monday that "homelessness is not permitted" as he addressed a notice sent to Winter Haven last week alleging violations of a state law that bans overnight camping on public property.
The city responded to the notice on Friday, insisting Winter Haven is in compliance.
The violation notice cited a resident's complaint accusing the city of letting more and more people reside in parks and on sidewalks and public benches. The notice includes photographs of people sleeping out in the open.
"We passed a law recently here in Florida. Homelessness is not permitted," Uthmeier said on Monday. "Law enforcement has a job to do. Part of having a safe environment for families is that you don't have people sleeping in parks where children might be playing, where you don't have people that may be inebriated or suffering from mental health issues or other, you know, dangerous, violent tendencies."
Speaking Monday at a Winter Haven press conference about an unrelated criminal case, Uthmeier said the letter was a "stern but polite call" for help enforcing the law.
"We're certainly willing to work together with them on it," Uthmeier said. "I think the sheriff will work together with them. We're happy to help them get into a more compliant posture."
In Friday's official response, Winter Haven City Attorney Frederick J. Murphy Jr. said public spaces are available for everyone, "regardless of socio-economic status," for passive activities like napping under a park tree, reading a book on a park bench and even falling asleep there.
"Homelessness, or the state of unhoused, is not in and of itself a crime," he wrote, "and homeless status does not, in and of itself, give City police probable cause to believe that an individual is violating local or state laws."
Murphy also refuted the allegations referenced in the notice by noting a quick police response when calls were made and that the incidents mostly involve sleeping during the day or sleeping on private property, which are not covered by the state law.
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