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Daytona Beach, FL Homelessness & Encampment Rules: Encampment Sanitation (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Camping banned on
all public property citywide, § 86-42(d)
Adopted
Ord. No. 2025-341, September 3, 2025
Shelter-first rule
offer shelter before arrest, § 86-42(f)(1)
Repeat-offense lookback
1 fine/30 days or 2 fines/180 days lose shelter-first
Vehicle exception
lawfully parked, registered, insured vehicle exempt

Summary

Daytona Beach bans public camping and sleeping on all city-controlled property under City Code § 86-42, adopted in 2025 under Florida's F.S. § 125.0231 framework, but requires police to offer a homeless person shelter or housing assistance before making an arrest.

(a)Policy. In accordance with F.S. § 125.0231, it is the policy of the city that persons shall not be permitted to engage in public camping or sleeping, as defined in this section, on any public property... (d)Prohibition. Public camping is prohibited on all public property located within the city. ... (f)Arrest procedures.(1)Except as provided below, prior to arrest, if such person is homeless he/she must be given an opportunity to enter a homeless shelter or similar facility, if available, or to accept other governmental assistance that would result in housing... and only if such assistance is available and rejected may an arrest be made.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 78 | Land Development Code: Supplement 36).

Full Breakdown

Section 86-42, added by Ord. No. 0231, that no one may engage in public camping or sleeping on public property, including any public building or grounds and any public right-of-way under city jurisdiction. "Public camping or sleeping" is defined broadly to include lodging or sleeping overnight in a tent or other temporary shelter, sleeping in such a shelter at any time of day when bedding, pillows, or stored belongings are present, or lodging or residing overnight outdoors even without a shelter. 0231(3), and the First Step Shelter.

Subsection (d) states flatly that public camping is prohibited on all public property in the city. Before an officer may arrest a homeless violator, subsection (f)(1) requires that the person first be given an opportunity to enter a shelter or accept other governmental housing assistance, with arrest available only if that assistance is offered and refused. That shelter-first requirement does not apply, however, to someone ineligible for shelter due to intoxication, a prior ban from the facility, sex-offender or domestic-violence-offender status, someone already fined under this section once in the last 30 days or twice in the last 180 days, or someone already subject to a trespass order for that property under § 86-43.

Violations & Fines

Violations are enforceable under the general penalty in § 1-14, though § 86-42(e) limits punishment for anyone who cannot be arrested under the section to a fine up to the § 1-14 maximum of $500 rather than jail time. The city may also issue a trespass warning under § 86-43 in addition to, or instead of, prosecuting the camping violation itself.

Frequently Asked Questions

Is sleeping outdoors in public banned in Daytona Beach?
Yes. Section 86-42(d) prohibits public camping or sleeping on all public property in the city, including public buildings, grounds, and rights-of-way, as defined in § 86-42(b).
Must police offer shelter before arresting someone for camping?
Generally yes. Section 86-42(f)(1) requires giving a homeless person a chance to enter a shelter or accept housing assistance first, with arrest allowed only if that assistance is available and refused.
Are there exceptions to the shelter-first requirement?
Yes. It does not apply to someone ineligible for shelter due to intoxication, a prior facility ban, sex-offender or domestic-violence-offender status, or someone already fined under the section once in 30 days or twice in 180 days.
Is sleeping in a car in Daytona Beach considered illegal camping?
No, as long as the vehicle is registered, insured, and lawfully parked. Section 86-42(b) expressly excludes overnight lodging in such a vehicle from the definition of public camping.

Sources & Official References

Other rules in Daytona Beach

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