Statewide Law
- There is no blanket statewide ban on sleeping in your car in Florida. However, where and how you do it is heavily regulated by both state law and local ordinances.
- New Law (HB 1365, effective October 1, 2024):
Florida now prohibits “public camping or sleeping” in public places, including streets, sidewalks, and public property. However, this law specifically does not prohibit sleeping in a registered, insured motor vehicle that is lawfully parked.
Where Can You Legally Sleep in Your Car?
- Rest Areas and Truck Stops:
You may sleep in your car at official rest areas and truck stops, but typically only for up to three hours—overnight stays are not permitted. - Private Property:
Sleeping in your car is allowed if you have permission from the property owner (for example, some Walmarts or Cracker Barrels may permit overnight stays; always check for posted signs). - Public Streets and Parking Lots:
Many cities and counties in Florida have ordinances banning sleeping in vehicles on public streets, rights-of-way, or public parking lots. Violating these ordinances can result in fines or being asked to move.
Local Ordinances
- Cities like Miami, Pompano Beach, and Key West explicitly prohibit sleeping or living in vehicles on public property, including streets and parking lots.
- Penalties:
Fines for violating local ordinances can range from $250 to $1,000.
Important Restrictions
- No Overnight Parking in Most Public Areas:
Florida rest areas and most public parking lots do not allow overnight stays, and there is typically a three-hour limit for sleeping in your vehicle. - Neighborhoods:
Never sleep in your car in residential neighborhoods, as this is often prohibited and likely to attract police attention. - Impairment (DUI):
If you are intoxicated and sleeping in your car, you could be charged with DUI if you are found to be in “actual physical control” of the vehicle (e.g., keys in the ignition, sitting in the driver’s seat).
Table
| Location | Is Sleeping in Car Allowed? | Notes |
|---|---|---|
| Rest areas/truck stops | Yes, up to 3 hours | No overnight stays |
| Private property (with consent) | Yes | Check for posted rules |
| Public streets/parking lots | Usually no | Check local ordinances |
| Residential neighborhoods | No | Likely prohibited |
| While intoxicated (DUI risk) | No | Possible arrest if in control of car |
Bottom Line
- Sleeping in your car is not illegal statewide in Florida, but is heavily restricted by location and local ordinances.
- You may sleep in your car at rest stops for short periods, or on private property with permission.
- Sleeping in your car on public streets, in neighborhoods, or in most public parking lots is generally prohibited and can result in fines.
- Always check local laws, posted signs, and be aware of DUI risks if you are impaired.
Staying informed and respectful of local rules is the best way to avoid legal trouble when sleeping in your car in Florida.
Sources
- https://www.linkedin.com/pulse/legal-sleep-your-car-law-office-of-james-arrasmith
- https://jerry.ai/state-laws/is-it-illegal-to-sleep-in-your-car-in-florida/
- https://www.wgcu.org/government-politics/2024-10-03/new-florida-law-bans-people-from-sleeping-in-public-places
- https://www.youtube.com/watch?v=2lYA-Q0Sznw
- https://www.reddit.com/r/VanLife/comments/18ju2gl/what_cities_prohibit_sleeping_in_your_carvan_in/
