Can You Legally Sleep In Your Car At Florida Rest Stops? Here's What The Law Says

The Sunshine State is known for having some of the weirdest automobile laws in existence and its license plate law continues to confuse drivers. Of course, Florida also has laws related to sleeping in your car at rest stops. Strategically placed across Florida are 65 rest areas, which include eight turnpike plazas and four welcome centers. Interestingly, there are none in the Florida Keys, and all but two are located on the interstate system and turnpikes.

Aside from the Taylor County Rest Area on US-19/US-27 (open every day from 7:00 a.m. to 7:00 p.m.), all are open 24 hours a day, seven days a week. As such, it's reasonable to assume that an exception to the rule might exist that lets you sleep in a car at one. It's a "rest stop" after all, right? Well, you can, but only briefly. The Florida Administrative Code (FAC) rule (14-28.002) gives the general public a three-hour limit to catch a few winks, while drivers of commercial vehicles are allowed to sleep up to 10 hours.

In 2024, the state passed House Bill (HB) 1365 (Unauthorized Public Camping and Public Sleeping), which was aimed at curbing the proliferation of homeless encampments by prohibiting counties and municipalities from allowing people to sleep or camp in any public areas (i.e., property, buildings, or rights-of-way) within their assigned jurisdictions. The state statute (125.0231) that defines the law reads "lodging or residing overnight in a motor vehicle" is prohibited unless that vehicle is registered, insured, and either lawfully permitted to be parked in a location on private property or in a spot specifically designated for camping.

According to the U.S. Department of Transportation, the state of Florida has 267,793 total lane miles of road. While Florida doesn't have any specific laws against sleeping in your car during the day, some areas don't allow it at all, such as the Keys, Key West, and Pompano Beach. In Miami, you can only sleep in a vehicle at the Marine Stadium, which has an area specifically set aside for campers. 

Oh, and don't fall asleep in your car in a public park after hours, either. If you really have no option and are in desperate need of some shuteye, one place that might allow you to hold up for the night is in a Walmart parking lot, just be sure you have permission from the store manager. Chances are, you probably won't get a ticket if you're caught snoozing in your car, but it could happen, especially if you're parked in a publicly prohibited spot.

If a police officer or sheriff finds that you're still intoxicated when they catch you sleeping in your car and can prove you had any intention of driving it, they could slap you with a DUI, so be sure not to do that. Similar laws apply to situations like sleeping in your car on the side of a highway or on a beach. You can find out exactly where you can and can't sleep by checking Florida's municipal code website.