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?
- Rest Stops:
- 3-hour limit for non-commercial vehicles; 10-hour allowance for commercial drivers.
- Overnight stays prohibited.
- Private Property:
- Walmart, truck stops, or 24-hour businesses may allow overnight parking (verify locally).
- 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
- https://www.linkedin.com/pulse/legal-sleep-your-car-law-office-of-james-arrasmith
- https://www.pumphreylawfirm.com/blog/is-it-illegal-to-sleep-in-your-car/
- https://www.meldonlaw.com/fort-lauderdale/dui-defense-lawyer/sleeping-in-car/
- https://www.local10.com/news/local/2023/10/18/miami-beach-passes-ordinance-to-arrest-homeless-people-that-sleep-outside-decline-shelter/
- https://getjerry.com/state-laws/is-it-illegal-to-sleep-in-your-car-in-florida/