Clarifying Legalities on Sleeping in Cars in Florida

By: Shelia Mader

With the holidays in full swing, the Times received numerous calls asking if what they heard about sleeping in cars was illegal in Florida. With those requests, we went to Florida Law for answers.

Sleeping in a car is not illegal under Florida state law, but whether it is allowed depends largely on where the vehicle is parked and how long it remains there. Florida has no statewide statute that bans sleeping in a vehicle outright. Instead, the rules come from a mix of traffic laws, state transportation policies, and local city or county ordinances.

The new features on vehicles today that give warning if the ‘system’ thinks the driver is fatigued or under the influence may lead to an increased number of drivers opting to pull over and rest. This is where exact knowledge of the legal aspects comes into play.

On state highways, Florida Department of Transportation rules allow motorists to stop at rest areas for short periods, generally up to three hours. These stops are intended for rest and safety, not overnight stays, and longer parking can result in a warning or citation. Commercial drivers operating under federal regulations are permitted longer rest periods. Outside of rest areas, all standard parking and traffic laws still apply.

Local ordinances play the biggest role. Many Florida cities and counties prohibit sleeping in vehicles on public property such as streets, public parking lots, parks, and beaches, especially overnight. These rules vary widely by location and are often enforced more strictly in urban and coastal areas. In places with such ordinances, sleeping in a parked car can lead to fines or being ordered to move along.

Sleeping in a vehicle on private property is generally legal if the property owner gives permission. Without permission, the driver may be cited for trespassing. Truck stops, travel plazas, campgrounds, and some large retail parking lots may allow overnight parking, but policies vary and should be confirmed in advance.

Drivers should also be aware that sleeping in a vehicle while intoxicated carries legal risk. Under Florida law, a person can be charged with driving under the influence if law enforcement believes they were in actual physical control of the vehicle, even if the car was not moving at the time.

In short, sleeping in a car is not automatically illegal in Florida, but it is often restricted by local laws and parking rules. Motorists should check posted signs and local ordinances before settling in, especially for overnight stays.