Clearwater, FL Homelessness & Encampment Rules: Encampment Sanitation (2026)
Key Facts
- Governing section
- City Code § 21.21
- Adopted
- Ordinance No. 8348-12, August 2, 2012
- Arrest threshold
- Third violation, only if shelter is available
- Property hold period
- 60 days before belongings deemed abandoned
- Exception
- Beaches/24-hour parks, 6 a.m. to 11 p.m.
- Enforced by
- Clearwater Police Department
Summary
Clearwater's § 21.21 bans lodging out-of-doors, tents, shelters or sleeping bedding, on public property, but only after a police warning and an offer of free shelter space. Arrest is reserved for a third violation when shelter is actually available, and stored belongings are held 60 days before disposal.
(1)(a)Lodging out-of-doors means using publicly owned property for living accommodation purposes by the erection, use or occupation of any tent, hut, lean-to, shack, temporary shelter, or the like, for sleeping purposes or the laying down of bedding, such as a blanket, sleeping bag, bed roll, newspapers, cardboard, or similar material for the purpose of sleeping.(2)It shall be unlawful for any person to use publicly owned property in the City for the purpose of lodging out-of-doors.(4)No person shall be charged under this section unless the person continues to engage in conduct prohibited by this section after having been:(a)Notified by a law enforcement officer that the conduct violates this section; and(b)Provided an opportunity to relocate to an existing and available public or private shelter space open to an individual or a family unit experiencing homelessness at no charge if the person has no legally permanent or temporary residence.
Full Breakdown
21, adopted by Ordinance No. 8348-12 on August 2, 2012, bans 'lodging out-of-doors' on any publicly owned property in Clearwater. The ordinance defines lodging out-of-doors as using public property for living accommodation purposes: pitching a tent, hut, lean-to, shack or temporary shelter for sleeping, or laying down bedding such as a blanket, sleeping bag, bed roll, newspaper or cardboard for the purpose of sleeping. Subsection (3) lists factors an officer may weigh in finding probable cause, including numerous personal belongings present, cooking activity, a maintained fire, digging or earth-breaking, or a sleeping person who says they have no other place to live.
Enforcement is not immediate: subsection (4) bars a charge unless the person keeps violating after being told by a law enforcement officer that the conduct is unlawful and given the chance to relocate, at no charge, to an available public or private homeless shelter space. A second violation after that notice is itself a violation, but subsection (6) still bars an arrest on a repeat offense if the person is willing to travel immediately, by police transport or escort, to an available shelter. Only a third or subsequent violation, when shelter space is known to be available, exposes a person to arrest; if officers are unaware of available shelter space in Pinellas County, no charge may be filed at all. ch. 705. m.
Violations & Fines
A first violation triggers only a warning and a shelter referral, never an immediate charge. A second violation after that warning is chargeable, but police still must offer transport to open shelter space before arrest. Only a third violation, with shelter known to be available, can lead to arrest; abandoned belongings are held 60 days before disposal under F.S. ch. 705.
Frequently Asked Questions
Can police arrest someone the first time they find them sleeping outside?
What happens to belongings left behind?
Are the public beaches exempt from this ban?
Sources & Official References
Other rules in Clearwater
Florida rules heatmap·Compare Clearwater to another location·View the Florida homelessness & encampment rules overview
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Encampment Sanitation in Nearby Cities
How other cities in Pinellas County handle encampment sanitation.