As of last week, Florida residents can sue cities or counties that don’t enforce a new Florida statute outlawing homeless people from camping or sleeping on public property.
But Lakeland leaders say they have not changed the way they have handled people camping on public property for years: by arresting those violating a longstanding city ordinance and taking them to the county jail.
What it does: The state law, which took effect Oct. 1, prohibits counties and cities from “authorizing or otherwise allowing public camping or sleeping on public property without certification” by the Florida Department of Children and Families. Lawmakers said their intent was to keep Florida from being overrun by homeless camps, the Tallahassee Democrat reported.
The statute comes as Polk County’s homeless population has more than doubled in recent years.
No de facto camp: Polk County Sheriff Grady Judd said he does not plan to send deputies to round up residents of homeless encampments, including one along New Tampa Highway and County Line Road on the outskirts of Lakeland.
“My goal is the county jail not become the de facto homeless camp,” Judd said. “We need to keep those beds for real criminals and not just people who need a place to sleep.”
Increased need: There is an urgent need for shelter beds in Polk County, the second-fastest-growing metro area in the country.
While the U.S. Census Bureau shows Polk County’s population went from 725,000 to nearly 820,000 in the last four years, its homeless population has more than doubled, going from 563 in 2019 to 1,207 this year, according to the Homeless Coalition of Polk County’s annual point-in-time count, conducted each January.
Designated shelters: The new statute also states that “a county may, by majority vote of the county’s governing body, designate property owned by the county or a municipality” to be used for no longer than one year for the purposes of public camping or sleeping.
The public camp designation would not go into effect until DCF certifies the designation after the county or city proves:
- There are not sufficient open beds in homeless shelters in the county for the homeless population of the county.
- The property is not contiguous to property designated for residential use by the county or municipality in the local government comprehensive plan and future land use map.
- The designated property would not adversely and materially affect the property value or safety and security of other existing residential or commercial property in the county or municipality and would not negatively affect the safety of children.
What’s not included? The statute does not include people “lodging or residing overnight in a motor vehicle that is registered, insured, and located in a place where it may lawfully be.”
City of Lakeland and Polk County: City and county leaders say the law does not require them to create a shelter, but merely suggests they could.
“The bill does not require that local governments designate a specific public space for camping and sleeping,” County Attorney Randy Mink said. “It does not say it shall designate a property for public camping or sleeping.”
Lakeland City Manager Shawn Sherrouse said he is deferring to the county manager and the county’s interpretation of the bill.
“I have had related conversations with County Manager (Bill) Beasley regarding the city’s willingness to partner with the county for any related future needs or requirements,” Sherrouse said.
Mayor Bill Mutz is a longtime proponent of creating a tiny-house village for the chronic homeless. It would include a central area to provide social services.
“They’re parked on ‘may’ and I think the way the law was written was to keep it from being compulsory,” said Mutz.
Requirements for any county/city shelter: If a county or city is going to run an area for the homeless to sleep or camp, the state requires that it ensures the safety and security of the property and the people residing there. It must also maintain sanitation, including, at a minimum, providing access to clean and operable restrooms and running water.
The county or city must also provide access to behavioral health services, including substance abuse and mental health treatment resources.
Finally, the county or city must prohibit drug and alcohol use on the designated property and enforce that rule.
“Not in the best interest”: Judd said the law, as it is written, makes it difficult for counties and municipalities to set up shelters because it’s only for a short period of time. Still, arresting them is not the answer, he said.
“That’s not in the best interest of the homeless people and not in the best interest of the county jail,” Judd said. “I believe the cities and the chiefs in the homeless coalition agree with me on this.”
Existing shelters wait: Talbot House served 352 people in September 2022. In September 2024, they helped 446 people.
Director Maria Cruz said since the law was signed by Gov. DeSantis last year, homeless coalition leaders have been waiting to see if cities and/or the county would take steps to create designated spaces for the homeless.
“But we haven’t heard anything concrete about affirmative actions taken towards that direction, so we’re still struggling with overflowing the shelters,” Cruz said. “We do not have any available resources to be able to take care of the crisis. We do need the will and the support of the counties and the cities in this effort, so we keep praying to see something in the near future.”
Lighthouse Ministries on East Magnolia Street also takes in the homeless, including women and children, as does The Salvation Army on Kathleen Road, which takes in married couples and families with children.
Lakeland Police: Lakeland Police continue to arrest people for camping on public property.
“Our policies have not changed as far as the new law goes,” said Lakeland Police spokeswoman Stephanie Kerr, adding that they adhere to the city ordinance.
City Attorney Palmer Davis said the earliest reference he could find to a city ordinance pertaining to illegal camping in public was 1981.
Lakeland City Ordinance Chapter 70-5 states that “camping is prohibited on all public property located within the city,” unless it is permitted by the city manager. In addition, “camping is prohibited on all private property located within the city with the exception of property zoned commercially for use as a campground, and property zoned residential,” unless the owner consents.
In 2023, LPD made 130 arrests for camping on public property. As of December 2024 there had been 84. Kerr said those numbers may not include people given a notice to appear or a complaint affidavit.
Other cities: Other cities have also been arresting those found to be sleeping or pitching a tent or makeshift shelter on public property.
According to the Pensacola News Journal, the mayor of Pensacola, D.C. Reeves, said he planned to “use $1 million in unencumbered American Rescue Plan Act funds to purchase small, semi-permanent shelters.”
Ron Book, chairman of the Miami-Dade County Homeless Trust, said in a statement to USAToday that there is no evidence that “sanctioned encampments” reduce homelessness.
“We are committed to investing in solutions that deliver long-term results and bringing new partners in, as we firmly believe we can end homelessness in Miami-Dade” Book said.
The city of Orlando ordered homeless camps to be dismantled last year, WKMG reported. Between October 2022 and October 2023, arrests for camping on public property increased by 375%.
Chronically homeless: A 2019 Polk Vision report stated that 80 out of the 563 homeless people in Polk County were considered chronically homeless, a term used to describe people who have not had a place to live for at least a year or repeatedly while dealing with a disabling condition.
Sheriff Judd acknowledges that many people who are chronically homeless want to be in encampments, away from the constraints of family and society.
Cruz said about a quarter of the homeless people the Talbot House serves suffer from serious mental health issues.
Several people Judd spoke to in 2021 told him and a reporter that they were diagnosed with schizophrenia, bipolar disorder, major depression or sometimes a combination of the three major mental illnesses. Some said they weren’t taking medication because they didn’t like how it made them feel. Most had been in and out of jail.
This article is part of a collaborative initiative of independent local news outlets working towards a more informed and engaged Central Florida.
Kimberly C. Moore is a reporter for LkldNow, a nonprofit newsroom providing independent local news for Lakeland. Read at LkldNow.com.
