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Is it legal to sleep in your car in Florida? What to know about new laws

Speeding as already illegal in Florida, but speeding too fast just became its own crime. As of July 1, Dangerous Excessive Speeding — defined as exceeding the speed limit by 50 mph or more or recklessly driving faster than 100 mph — gets you heavier penalties and even jail time.

But what about the other end of the spectrum? Can you snooze in your car in Florida?

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Whether you need to get some rest to drive safely, you’re sleeping off your evening activities, living in your vehicle to enjoy #vanlife or because you have no other options, it’s important to know if you’re going to get busted doing it. And the answer is: it depends on where you are.

There are no federal laws against sleeping in a vehicle and no Florida state law against sleeping in your vehicle in most public places during the day. Some areas in Florida, such as the Florida Keys, make it illegal to sleep in your car anywhere, at any time.

However, state law does prohibit overnight sleeping in a vehicle in public spaces if it isn’t someplace you’re legally allowed to be. You can catch a few winks at highway rest areas, but not for very long.

Here’s what to know.

Can I sleep in my car in Florida?

Not overnight in a public spot.

Last year, Florida passed HB 1365: Unauthorized Public Camping and Public Sleeping, a bill intended to keep homeless people from camping out in public spaces. Under the new law, you are prohibited from “lodging or residing overnight in a motor vehicle” unless it is registered, insured, and located at:

You also may not stay in a public spot, such as a park, after its hours of operation.

Some areas and municipalities may also have ordinances against sleeping in your vehicle in public spaces. Miami bans public sleeping in vehicles anywhere besides an area at the Marine Stadium designated for use by camper trailers.

Key West just bans it outright and so does Pompano Beach. Check with your local government for details (at the link, pick your area and search for “sleep” or “camping”).

Can I sleep in my car at a Florida rest stop?

Only for a nap, unless you’re a commercial driver.

According to the Florida Department of Transportation, the Florida Administrative Code allows you to park and sleep for no more than three hours. Commercial drivers can sack in for up to 10 hours, subject to hours-of-service regulations.

Can I sleep in my car on the side of a Florida highway?

Mostly no. Under another new law that took effect July 1, it is now illegal to camp on the right-of-way of any state highway. The sole exception is the Florida National Scenic Trail, but you have to have a permit.

Can I sleep in my car on the beach in Florida?

Probably not. While some beaches allow overnight camping, only four counties allow any beach driving — Volusia, St. Johns, Duval and Nassau — and driving and parking is often limited to daylight hours. Again, check local ordinances.

Can I get a ticket for sleeping in my car in Florida?

That depends on where you are, what time it is, and what condition you’re in. If a law enforcement officer taps on your window, they may just tell you to move on or they may ticket you if you’re parked in a prohibited area.

If you’re inebriated, it’s good that you’re sleeping it off and not driving, but the officer or deputy may charge you with DUI if they can prove you intended to operate the vehicle while intoxicated.

Driving when you’re not alert is a dangerous and potentially fatal problem. The National Highway Traffic Safety Administration (NHTSA) suggests drinking coffee or other caffeinated beverages and pulling over for a quick 20-minute nap at a designated rest stop if you feel sleepy while driving.

Better still: get plenty of rest before you drive and avoid drinking any alcohol before you get behind the wheel.

Where can I sleep in my car in Florida?

You’re allowed to sleep in your car:

This article originally appeared on The Daytona Beach News-Journal: Is it legal to sleep in your car in Florida? What to know about new laws

Reporting by C. A. Bridges, USA TODAY NETWORK – Florida / The Daytona Beach News-Journal

USA TODAY Network via Reuters Connect

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