Volusia becomes latest county to ban public camping, per Florida law

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This story was originally published by Central Florida Public Media.

Volusia County on Tuesday became the latest Central Florida jurisdiction to ban camping in public.

With a 7-0 vote, the council unanimously approved an ordinance that mirrors the new state law, better known as “Florida’s Camping Ban.”

Florida Statute 125.0231 became effective Oct. 1, prohibiting cities and counties from allowing people to sleep or camp in public, unless it’s in municipality-designated spaces. As of Jan. 1, residents, business owners, and the Attorney General may bring up civil action against local governments found to be non-compliant.

Volusia Assistant County Attorney Morgan Swank said the intent of the ordinance is to remain within the framework of the new state law and avoid litigation, not to arrest unsheltered people.

“Ordinance 2025-07 is presented to the County Council for approval to comply with the state law and as one tool available in response to the needs of unhoused individuals within the county,” she said. “The intent is not to criminalize homelessness, but to seek compliance of the ordinance and state law, while providing services and assistance.”

While the ordinance cites the importance of protecting the “health, safety, welfare, quality of life, and aesthetics” of communities, per the state law, it makes no mention of any obligation to assist individuals or connect them to resources before applying enforcement measures.

Swank said the ordinance aligns with the state’s demands, specifically prohibiting sleeping or camping on county-owned property, including public buildings, grounds, and rights of way. Code or law enforcement officers can enforce a tiered penalty system, which includes fines, trespass warnings, and charges.

The new ordinance took effect immediately. It also requires the county to provide an electronic, “uniform notification process” for people to submit complaints of alleged violations. Residents and businesses submitting written notices online must include enough information for the county to take action, including the location, date, and a description of the instance.

But County Attorney Michael G. Dyer said Volusia will not go “any further than the state law.”

“There’s nothing controversial intended with this. We’ve been following what some other counties have been doing as of late,” he said. “It allows us, if we do get a complaint, a code provision we can point to to implement.”

Trespassing penalties in Volusia County depend on the type of trespass and whether the offender has a weapon. A first violation may result in a warning for up to one year, and subsequent violations may result in a warning for up to two years. Further charges could range from a first degree misdemeanor, with 60 days in jail and a fine of up to $500, to felonies in more extreme cases where burglary or harm are intended.

Asking Swank to clarify the policy, County Chair Jeff Brower said some unhoused people may “unintentionally” fall asleep in public spaces, wanting to ensure officers would first ask people to move or offer services before escalating.

Swank said penalties only come into play if an individual refuses to comply.

“There is within the ordinance the ability to ask them to move initially. There are also other services that are provided through the county that could be offered,” she said. “The fines and the trespass warnings, those would be escalations that we would have as tools if we needed them, but they are not the initial response.”

The ordinance does not apply during declared states of emergency or to properties designated for public camping.

Lillian Hernández Caraballo is a Report for America corps member.