In Florida, there are no federal or state statutes that explicitly prohibit sleeping in your car in public places; however, local ordinances may impose additional rules. Florida law allows drivers to sleep in their vehicles for a maximum of three hours, but overnight parking is not permitted.
Where to Park
- Rest Stops Designated rest stops are the recommended locations for resting in your vehicle for up to three hours.
- Private Property Some establishments, such as Walmart and Cracker Barrel, may allow overnight parking. It is important to check for any posted signs prohibiting parking.
- Prohibited Areas Avoid parking in the middle of a neighborhood. Some parts of Florida, like Key West, have strict regulations making it illegal to sleep in your car in certain areas. Key West prohibits sleeping in a vehicle on any public street, parking area, or right-of-way, with violations potentially leading to fines and a jail sentence.
DUI Considerations
Sleeping in your car can lead to a DUI arrest under Florida’s “actual physical control” law. Even if the vehicle is not moving, a person can be charged with a DUI if they are in the driver’s seat with the keys in the ignition and the car running or capable of running.
Factors that can lead to a DUI arrest include:
- Being in the driver’s seat
- Having the keys in the ignition or within easy reach
- The car is running or capable of running
- Having the ability to operate the vehicle
Penalties for DUI
Penalties for a first-offense DUI can include:
- Fines ranging from $500 to $1,000
- Up to 6 months in jail
- Driver’s license suspension for 6 to 12 months
Recent Legislation
Recent legislation in Florida, such as HB 1365, addresses public camping and sleeping, but it specifically excludes sleeping in a motor vehicle. However, it’s important to stay informed about local ordinances, as these can vary.
Sources:
[1] https://www.meldonlaw.com/fort-lauderdale/dui-defense-lawyer/sleeping-in-car/
[2] https://dioceseofvaranasi.org.in/sleeping-in-your-car-state-laws-you-need-to-know
[3] https://www.reddit.com/r/VanLife/comments/18ju2gl/what_cities_prohibit_sleeping_in_your_carvan_in/
