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

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

Key Facts

Curfew hours
10:00 p.m. to 5:00 a.m.
Covered areas
beaches, dunes, beach accesses only
Max penalty
$500.00 fine, 60 days jail
Arrest limit
barred until shelter offer refused
Source ordinance
Ord. No. 02-31, § 1 (2002)

Summary

Brevard County bans sleeping or camping on any beach, dune, or beach access from 10:00 p.m. to 5:00 a.m. unless the county has specifically authorized overnight camping there.

City-specific rules exist: Titusville, and Melbourne have their own encampment sanitation rules that differ from Brevard County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

Between the hours of 10:00 p.m. and 5:00 a.m. the following day, it shall be unlawful for any person to sleep or camp on any beach, dune, beach access (dune crossover) located in the county.(b)The prohibition in this section shall not apply to public shelters, public buildings, public recreation areas or public property where the county commission has authorized camping or overnight sleeping in compliance with rules and regulations established for such a location. No person shall be arrested and imprisoned for a violation of this article unless that person has refused an offer to be placed in a homeless shelter or on public property where the county has authorized camping or overnight sleeping. (Ord. No. 02-31, § 1, 7-23-02)

Secs. 74-92—74-100. - Reserved.

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 135).

Full Breakdown

Under Brevard County Code § 74-91, it is unlawful to sleep or camp on any beach, dune, or beach access (dune crossover) in the county between 10:00 p.m. and 5:00 a.m. The ban doesn't apply to public shelters, public buildings, public recreation areas, or public property the county commission has authorized for overnight camping. Critically, the ordinance bars arrest and imprisonment for violating this article unless the person has already refused an offer of placement in a homeless shelter or on county-authorized public camping property. General code violations carry up to a $500.00 fine or 60 days in jail under § 1-7.

Violations & Fines

Sleeping or camping on a beach, dune, or crossover between 10 p.m.–5 a.m.: up to $500.00 fine or 60 days in jail; no arrest until a shelter offer is refused.

Frequently Asked Questions

Does Brevard County's camping ban apply everywhere or just the beach?
Only to beaches, dunes, and beach accesses (dune crossovers) between 10 p.m. and 5 a.m.: it doesn't reach parks, streets, or other public property.
Can someone be arrested right away for sleeping on the beach overnight?
No. Brevard County Code § 74-91(b) bars arrest and imprisonment unless the person already refused a shelter placement or refused county-authorized overnight camping space.
What's the penalty for violating the beach curfew?
Violations draw the code's general penalty under § 1-7: up to a $500.00 fine, up to 60 days in county jail, or both.

Sources & Official References

Other rules in Brevard County

All Brevard County rules

Florida rules heatmap·Compare Brevard County to another location·View the Florida homelessness & encampment rules overview

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