Flagler County, FL Homelessness & Encampment Rules: Encampment Sanitation (2026)

Sec. 20-2 of the Flagler County Code, added by Ord. No. 2024-07 on November 4, 2024, defines "public camping or sleeping" broadly: lodging or residing overnight in a tent or other temporary shelter, or with bedding, pillows or stored belongings, or simply lodging overnight outdoors without shelter. Sleeping in a lawfully parked, registered and insured motor vehicle is excluded, as is recreational camping on property designated for that purpose. The prohibition covers county buildings and grounds and any public right-of-way under county jurisdiction, but only outside the incorporated cities.

The county administrator, a designee, or any law enforcement officer may issue a written trespass warning delivered by mail or hand, effective for up to two years. Anyone found on the covered property after a warning is subject to arrest. The county administrator may still authorize entry in writing to conduct necessary government business or exercise First Amendment rights when no other reasonable location exists. A person served with a warning can appeal in writing to the county administrator within ten days; the appeal goes to Flagler County's special magistrate, where the county carries the burden of proving by clear and convincing evidence that the warning met the section's criteria, and the warning stays in effect through the appeal and any later judicial review.