The Legality of Car Sleeping in Florida: What You Need to Know

By Rachel Greco

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The Legality of Car Sleeping in Florida What You Need to Know

In Florida, the legality of sleeping in your car depends on where you park and how you position yourself in the vehicle, with recent state laws adding stricter regulations. Here’s a breakdown of key rules and considerations:

Statewide Regulations (HB 1365)

  • Public Sleeping Ban: As of October 1, 2024, sleeping or camping in public spaces (streets, sidewalks, parks) is prohibited unless in designated shelters. Exceptions include:
    • Sleeping in a legally parked, registered, and insured vehicle in areas where overnight parking is permitted.
    • Recreational camping on approved sites.
  • Enforcement: Violators can be arrested if they refuse shelter. Starting January 1, 2025, residents/businesses can sue municipalities that fail to enforce the law.

Local Ordinances

Cities enforce additional restrictions:

  • Miami: Prohibits sleeping in vehicles on public property (streets, parking lots).
  • Pompano Beach: Bans lodging in vehicles on public property.
  • Key West: Similar prohibitions, except in designated zones.
  • Fort Lauderdale: Limits car sleeping to 3 hours at rest stops (non-commercial drivers).

Where Can You Sleep Legally?

  1. Rest Stops:
    • 3-hour limit for non-commercial vehicles; 10-hour allowance for commercial drivers.
    • Overnight stays prohibited.
  2. Private Property:
    • Walmart, truck stops, or 24-hour businesses may allow overnight parking (verify locally).
  3. Designated Campgrounds:
    • Legal for recreational purposes with permits.

DUI Risks

Even parked, you risk a DUI if:

  • You’re in the driver’s seat with keys accessible.
  • The engine is running, or you’re deemed in “actual physical control” of the vehicle.
  • Safety Tip: Sleep in the back seat, turn off the engine, and store keys in the trunk.

Homelessness and Enforcement

  • Shelter Requirements: Cities must provide temporary shelters with drug/mental health services. Capacity shortages persist, increasing arrest risks for those refusing shelter.
  • Criticism: Advocates argue the law criminalizes homelessness without addressing affordable housing shortages.

Key Takeaways

  • Avoid public streets, sidewalks, and parks for overnight stays.
  • Prioritize rest stops (≤3 hours) or private lots with permission.
  • Position yourself in the back seat to avoid DUI suspicion.
  • Check local ordinances, as cities like Miami and Key West have stricter rules.

For travelers, planning ahead with apps like i Over lander or contacting local police for safe zones is advised.

Sources

  1. https://www.linkedin.com/pulse/legal-sleep-your-car-law-office-of-james-arrasmith
  2. https://www.pumphreylawfirm.com/blog/is-it-illegal-to-sleep-in-your-car/
  3. https://www.meldonlaw.com/fort-lauderdale/dui-defense-lawyer/sleeping-in-car/
  4. https://www.local10.com/news/local/2023/10/18/miami-beach-passes-ordinance-to-arrest-homeless-people-that-sleep-outside-decline-shelter/
  5. https://getjerry.com/state-laws/is-it-illegal-to-sleep-in-your-car-in-florida/

Rachel Greco

Rachel Greco covers life in US County, including the communities of Grand Ledge, Delta Township, Charlotte and US Rapids. But her beat extends to local government, local school districts and community events in communities that surround Lansing. Her goal is to tell compelling stories about the area that matter to local readers.

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