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

Sleeping in your car in Florida is subject to various laws and regulations, which can vary depending on the location and circumstances. Here’s a breakdown of what you need to know:

General Legal Framework

• Federal Law: There is no federal law that prohibits sleeping in a vehicle, but state and local regulations apply.
• State Law: Florida does not have a blanket ban on sleeping in cars, but recent legislation (HB 1365) prohibits public camping or sleeping in public places, including streets, sidewalks, and public rights-of-way.

Local Ordinances

• Municipal Rules: Many cities in Florida have specific ordinances banning sleeping in vehicles on public property. For example, Miami, Pompano Beach, and Key West have laws against sleeping in cars on public streets or lots.
• Exceptions: Some private properties like Walmart or Cracker Barrel may allow overnight parking with permission, but it’s essential to check for no-parking signs.

Rest Stops

• Highway Rest Stops: You can sleep at highway rest stops for up to three hours, but overnight stays are not allowed unless you are a commercial vehicle operator.
• Facilities: Rest stops often provide amenities like bathrooms and vending machines.

DUI Concerns

• Actual Physical Control: If you are found sleeping in your car with the engine running or keys in the ignition, you could be charged with DUI under Florida’s “actual physical control” law.
• Penalties: DUI charges can result in fines, jail time, and license suspension.

New Legislation

• HB 1365: This law aims to prevent public camping and sleeping but does not apply to sleeping in a registered, insured vehicle parked in a lawful location.

In summary, while sleeping in your car is not inherently illegal in Florida, it is crucial to be aware of local ordinances and the new state law prohibiting public sleeping. Always choose designated rest stops or private properties with permission to avoid legal issues.

Sources:

1. https://www.meldonlaw.com/fort-lauderdale/dui-defense-lawyer/sleeping-in-car/
2. https://getjerry.com/state-laws/is-it-illegal-to-sleep-in-your-car-in-florida/
3. https://www.reddit.com/r/VanLife/comments/18ju2gl/what_cities_prohibit_sleeping_in_your_carvan_in/
4. https://www.toyotaoforlando.com/blogs/6087/where-can-i-sleep-in-my-car-legally
5. https://news.wgcu.org/government-politics/2024-10-03/new-florida-law-bans-people-from-sleeping-in-public-places