WINTER HAVEN, Fla. — The Florida Attorney General’s Office is warning the City of Winter Haven it may be violating state law related to public camping and sleeping.
Mother of two, Jymia Richardson, has been in and out of homelessness for the past 2.5 years. Richardson said finding steady work has been difficult, making it nearly impossible to stay housed.
WATCH: Florida AG warns Winter Haven over alleged public camping law violations
“I put applications in every day, and I have no results. All I get is the basic we’re going with another candidate,” Richardson said.
As of Wednesday, she and her daughter have nowhere to stay.
“I have to find somewhere else to go, and most likely tonight it will be an abandoned building or outside,” Richardson said.
Her story comes as the Florida Attorney General’s Office is putting the City of Winter Haven on notice for possible violations of Florida's public camping and public sleeping laws.
A letter dated Jan. 6 was sent by Attorney General James Uthmeier to Winter Haven's City Attorney Fred Murphy notifying him that his office received a detailed complaint from a resident claiming the City failed to address people living in public parks, on sidewalks, and on city benches for months, making those spaces unusable for the public.
The letter specifically points to Kiwanis Park and sidewalks along Central Avenue. In a post on X (formerly Twitter), the Attorney General’s Office shared the letter along with four photos showing people sleeping in the park’s playground and on a sidewalk.
The Attorney General’s letter references section 125.0231(2) of the Florida Statutes, a State law, which prohibits “lodging or residing overnight” on any public property.
Although Richardson has never slept in Kiwanis Park, she understands why some people do.
“They have nowhere else to go. They are tired. They are exhausted. They are in the sun all day, every day, with minimal coverage,” Richardson said.
Under state law, counties can designate certain properties for public camping or sleeping but only if specific conditions are met. The Attorney General’s Office said those conditions do not appear to apply to the areas in question in Winter Haven.
I reached out to the City of Winter Haven. In an emailed statement, Katrina Hill, a city spokesperson, said the City received the letter less than an hour before the Attorney General’s post on X, and that the full details of the complaint were not released to the City until 9 a.m. on Jan. 7.
The statement said in part:
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. There are times when unhoused persons take up temporary residence on private property. In those situations, WHPD continues to work with the private property owners to obtain trespass authorization which allows our officers to fully address the situation.
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. 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.
Deborah Pieron is the director of Talbot House Center for Women and Children. The facility opened its doors four months ago and is the only overnight shelter located in Winter Haven.
“A lot of times people just need a hand up,” Pieron said. “This program really focuses on the mind, body and spirit. When they come here, we explain what the process of protocols are. They’re expected when they come to look for a job. Children are expected to be enrolled in school.”
Pieron and Richardson both said more resources are needed for people experiencing homelessness in the area.
The letter gives Winter Haven five business days to respond and asks the City to provide any applications or documentation demonstrating compliance with the law.
Tampa Bay 28 reached out to the Attorney General's Office but has not yet heard back.
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