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

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

Key Facts

Covers
All county-owned property, parks, rec facilities
Pre-arrest step
Officer must ask if person is homeless
Alternative to arrest
Relocation offer to a designated safe zone
Exempt
Beach umbrellas for daytime shade
Waiver
County administrator, per-event, insurance required

Summary

In the unincorporated Florida Keys (Monroe County), Section 17-4 of the County Code bans camping on any county-owned property, including parks and recreation facilities, at all times, but requires a law enforcement officer to ask whether a person is homeless and offer a designated safe zone before making an arrest.

These county ordinances apply to unincorporated areas of Monroe County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(b)Prohibition. No person shall camp on county-owned property. This prohibition applies to all county-owned public parks and recreational facilities. This prohibition applies at all times of day and night. The mere act of a person sleeping in a public place is not alone sufficient to constitute a violation of this section, unless at least one indicium of camping exists.(1)Before making an arrest under this section, a law enforcement officer must first inquire of a person accused of violating this section whether that person is homeless; or(2)Before a person claiming to be homeless may be arrested under this section, a law enforcement officer must first advise the person of the availability of a safe zone and afford the person the option of relocation to a safe zone in lieu of arrest.

Full Breakdown

Section 17-4, 'No camping on county property,' defines camping as pitching or occupying a tent or other temporary shelter for sleeping or habitation, using camping equipment such as tarpaulins, cots, sleeping bags or portable stoves (barbecue grills the county itself provides are excluded). The prohibition covers any property owned or managed by the Board of County Commissioners or the county land authority, including all county-owned parks and recreational facilities, and it runs around the clock. The section is careful to state that the mere act of sleeping in a public place is not, by itself, enough to violate it; at least one other indicium of camping must be present.

Before an officer can arrest someone under this section, the officer must first ask whether the person is homeless, and if so, must advise them of an available 'safe zone,' a facility designated by the county or a municipality where homeless people can carry out life-sustaining activities free from the threat of arrest, and offer relocation there instead of arrest. Officers who do arrest someone under the section must make reasonable efforts to identify and preserve that person's personal property. The prohibition does not apply to sites the Board designates by resolution or ordinance, to conduct already covered by the separate right-of-way camping ban in Section 17-3, or to a beach umbrella used for shade during a facility's daytime hours.

The county administrator can waive the camping ban on a per-event basis, generally requiring the requesting group to carry liability insurance naming the Board as an additional insured.

Violations & Fines

An arrest for camping on county property can only follow the officer's required homeless inquiry and, if the answer is yes, an offer of relocation to a designated safe zone in place of arrest under Section 17-4(b). Anyone arrested is entitled to have the arresting officer make reasonable efforts to identify and preserve their personal property; the section does not set out a separate fine schedule beyond the arrest and standard misdemeanor process.

Frequently Asked Questions

Can someone just be arrested for sleeping in a county park?
No. Section 17-4(b) says the mere act of sleeping in a public place is not by itself enough to violate the section; at least one other indicium of camping, such as a tent or camping equipment, must be present, and an officer must first ask whether the person is homeless before making any arrest.
What is a 'safe zone' under this ordinance?
Section 17-4(a) defines a safe zone as a facility designated by the Board of County Commissioners or by a municipality within the county where homeless people can carry out life-sustaining activities free from the threat of arrest. Before arresting someone claiming to be homeless, an officer must advise them of an available safe zone and offer relocation there instead.
Can the county ever allow camping on its property?
Yes. Section 17-4(e) lets the county administrator waive the camping prohibition on a per-event basis, typically requiring the group requesting the waiver to provide liability insurance naming the Monroe County Board of County Commissioners as an additional insured.

Sources & Official References

Other rules in Monroe County

All Monroe County rules

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