Florida HB 599: Camping Ban, DCF Sites, and Civil Suits

Florida’s camping ban law, codified at Florida Statute § 125.0231, took effect on October 1, 2024, and prohibits every county and municipality in the state from allowing people to regularly camp or sleep overnight on public property. Local governments can carve out designated sites as an alternative, but only after the Department of Children and Families certifies them. Since January 1, 2025, residents, local business owners, and the Attorney General have been able to sue any county or city that fails to enforce the ban.

What the Ban Covers

No county or municipality may authorize or allow regular overnight camping or sleeping on public property, including public buildings, their grounds, and rights-of-way the local government controls.¹

The definition is wide. It reaches overnight stays in any temporary outdoor space used as a dwelling: a tent, a makeshift shelter, bedding laid on the ground, or sleeping outdoors with no shelter at all.¹

Two situations fall outside the ban. Sleeping overnight in a registered, insured motor vehicle parked where it may legally be parked is not public camping under this law. Recreational camping on property already designated for that purpose is also excluded.¹

Emergencies Suspend the Rule

The prohibition does not apply during declared emergencies. When the Governor declares a state of emergency, or when local officers declare a local state of emergency under Florida’s emergency management laws, enforcement of the ban is suspended.² People displaced by a hurricane cannot be treated as violators while emergency conditions are in effect.

How a County Can Authorize a Campsite

A county may designate property it owns, or municipal property within its boundaries, for public camping or sleeping. The designation requires a majority vote of the county’s governing body and lasts for a continuous period of no longer than one year.¹

If the chosen property sits inside a municipality’s boundaries, the municipality must also sign off by a majority vote of its own governing body. A county cannot override a city’s objection.¹

What DCF Requires Before Certifying a Site

A designation does not become effective until the Department of Children and Families certifies it. The county submits a request to the Secretary of DCF with documentation showing four conditions are met:¹

The county’s homeless population exceeds the number of available beds in homeless shelters.
The designated property is not next to land designated for residential use in the local government’s comprehensive plan or future land use map.
The site will not materially hurt nearby property values, compromise the safety and security of nearby residential or commercial property, or negatively affect the safety of children.
The county has a site plan meeting the minimum operational standards described below.

DCF has 45 days to act on a complete submission. If the agency does nothing within that window, the designation is automatically deemed certified. DCF must flag errors or omissions in the request within 10 days of receiving it.¹ DCF publishes a certification checklist that walks counties through each piece of required documentation.³

How a Designated Site Has to Operate

Any designated campsite must run under minimum standards the county establishes before anyone moves in. The standards cover four areas:⁴

Physical safety and security of the property and everyone staying there.
Sanitation that includes, at a minimum, access to clean, working restrooms and running water.
Behavioral health access, coordinated with the county’s regional managing entity, for substance abuse and mental health treatment.
A prohibition on illegal substance use and alcohol use on the property, actively enforced by the county.

Counties classified as fiscally constrained under Florida law can seek an exemption. If the county’s governing body formally finds that compliance would create a financial hardship, DCF may certify the site without the full set of standards in place.³

Who Can Sue a Local Government That Doesn’t Enforce

Enforcement responsibility sits with counties and municipalities, and private parties have a direct way to push them. A county resident, a business owner within the county, or the Florida Attorney General may file a civil lawsuit to force a local government to comply with the ban.¹

Before suing, you have to give the county or municipality written notice identifying the specific violation. The local government then has five business days to cure the problem. Only if it fails to take all reasonable actions during that window may you file for injunctive relief in court.¹

A prevailing plaintiff can recover reasonable attorney fees, court costs, investigative costs, witness fees, and deposition costs. That fee-shifting is the pressure point. A local government that ignores the statute risks paying its own legal bill and the plaintiff’s.¹

When Each Part Took Effect

The statewide prohibition and most other provisions took effect on October 1, 2024. The civil cause of action against noncompliant local governments took effect on January 1, 2025. That three-month gap gave counties and cities a window to set up designated sites and enforcement procedures before exposure to lawsuits began.⁴

1
Justia Law. Florida Statutes 125.0231 (2024) – Public Camping and Public Sleeping
2
Florida Senate. CS/CS/HB 1365 – 2024 Bill Summaries
3
Florida Department of Children and Families. Public Encampment Certification Checklist
4
Florida Association of Counties. Public Sleeping and Camping