By Andrew Fraieli

Updated: Feb. 8, 2021

Panhandling laws vary across the state, some call them “soliciting” laws instead. Some have one distinct section laying out the rules, other cities have various codes and ordinances that patchwork together as regulations on panhandling.

Either way, they can be confusing and difficult to find. Here the actual wordage of the codes and ordinances are laid out for some of Florida’s largest cities, including any helpful photos and the legal repercussions stated beside them.

St. Petersburg

Orlando

Fort Lauderdale

Miami

Daytona Beach

Tampa

Jacksonville

Tallahassee

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St. Petersburg

Partially Banned/Allowed

• • “It shall be unlawful to engage in an act of panhandling on any day after sunset or before sunrise.”
  • “It shall be unlawful for any person to engage in an act of aggressive panhandling at any time.”
  • “It shall be unlawful for any person to engage in an act of panhandling when either the panhandler or the person being solicited is located in, on, or at any of the following locations or areas:
    1. Prohibited zone (which includes the municipal pier gateway), the municipal pier approach, or the municipal pier;
    2. Bus stop;
    3. The bus transfer facility located at 3180 Central Avenue;
    4. Public transportation vehicle;
    5. Sidewalk cafe;
    6. Area within 15 feet (in any direction) of an automatic teller machine or entrance to a bank; or
    7. Private property, unless the panhandler has permission from the owner of such property.”

“Prohibited Zone” defined as:

Panhandling defined as:

• • “…any solicitation made in person requesting an immediate donation of money or other thing of value for oneself or another person or entity. The term ‘panhandling’ shall not include the act of passively standing or sitting, performing music, or singing with a sign or other indication that a donation is being sought but without any vocal request other than a response to an inquiry by another person.”

Aggressive panhandling defined as: 

• • “To approach or speak to a solicited person in such a manner as would cause a reasonable person to believe that the person is being threatened with:
    1. Imminent bodily injury; or
    2. The commission of a criminal act upon the solicited person or another person, or upon property in the person’s immediate possession;
  • To persist in panhandling after the solicited person has given a negative response;
  • To block, either individually or as part of a group of persons, the passage of a solicited person;
  • To touch a solicited person; or
  • To engage in conduct that would reasonably be construed as intended to intimidate, compel or force a solicited person to accede to demands.”

Repercussions:

• • “Any person who violates any provision of this section may have a penalty enforced against said person as provided in section 1-7.”

Excerpt of Section 1-7:

• • • “…a person convicted of a violation of this Code shall be punished by a fine not exceeding $500.00, imprisonment for a term not exceeding 60 days or by any combination thereof. With respect to violations of this Code that are continuous with respect to time, each day the violation continues is a separate offense.”

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Orlando

Orlando does not have any laws specifically referring to “panhandling” in their city ordinances since their 2017 panhandling laws,  § 43.86 , were repealed. Their laws on “soliciting” can be looked at instead as they are defined similarly.

Partially Banned/Allowed

• • “It is unlawful for any person to intentionally solicit in any of the following manners:
    1. By blocking any legal parking area or structure such that vehicles cannot enter or exit that parking area.
    2. By harassing the person solicited.
    3. By following an individual or group of persons with the intent to harass that individual or group.
    4. By continuing to actively solicit a captive audience after receiving a clear refusal.
    5. By soliciting an individual while that person is operating an automated teller machine (ATM).
    6. By entering the premises of private property for the purpose of soliciting when a “No Solicitors” sign is posted.”

• • “It is unlawful for any person to knowingly and intentionally make any false or misleading representations in the course of soliciting a donation. False or misleading representations include, but are not limited to, the following:
    1. Stating that the contribution is needed to meet a need which does not exist;
    2. Use of any makeup, clothing or device to simulate any deformity, handicap or disability that does not exist;
    3. Representations or misleading statements that any other person or organization sponsors or endorses such solicitation, approves its purpose, or is connected therewith, when that person or organization has not given written consent to the use of its name;
    4. Use of any name, symbol, emblem, device, or printed matter so closely related or similar to that used by another charitable organization or sponsor that the use thereof would mislead the public; or
    5. Using or exploiting the fact of registration so as to lead any person to believe that such registration in any manner constitutes an endorsement or approval by the City.”
  • “It is unlawful for any person to solicit a contribution stating that the funds are needed for a specific purpose with the intent to spend or distribute the funds received for a different purpose.”

Soliciting defined as:

• • “…to directly or indirectly request or attempt to request by spoken, written or printed word, money, donations of money, property or financial assistance of any kind, or to sell or offer for sale any article, tag, service, emblem, publication, ticket, advertisement, subscription or any thing of value on the pleas or representation that such solicitation or sale, or the proceeds thereof, is for a charitable, patriotic, public, philanthropic or political purpose.”

Harassing defined as:

• • “…to make any threats or demands that place the person solicited in reasonable fear of harm to his or her person or damage to his or her property.”

Repercussions:

• • “Any person violating any of the provisions of this article shall, upon conviction, be punished as provided in Section 1.08 of this Code.”

Excerpt of Section 1.08:

• • • • “…a person found guilty of violating any provision of this Code may be sentenced to pay a fine not to exceed $500.00 and may be sentenced to a definite term of imprisonment not to exceed sixty (60) days, or by both such fine and imprisonment.”
      • “In addition to, or as an alternative to, the penalties hereinabove provided, a person found guilty of violating any provision of this Code may be sentenced to or otherwise be:
        1. placed on supervised probation by the Court in accordance with the terms of Sections 1.13 through 1.20 of this Code;
        2. ordered by the Court to pay restitution in accordance with Florida Statutes chs. 775 and 921;
        3. ordered by the Court to perform public service in accordance with Florida Statutes chs. 775 and 921;
        4. allowed to participate in the pretrial intervention program as set forth in Florida Statutes ch. 948, if such violator meets the qualifications enumerated therein and participation in the program is approved by the City Prosecutor’s Office;
        5. ordered by the Court to undergo psychiatric, psychological and/or drug and alcohol abuse evaluation treatment and/or counseling;
        6. ordered by the Court to undergo testing for the Human Immunodeficiency Virus (HIV) and/or sexually transmitted disease (STD);
        7. ordered by the Court to comply with the terms and provisions of any authorized and legal sentence.”

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Fort Lauderdale

Banned in Certain Areas/Allowed

• • “It shall be unlawful to engage in the act or acts of panhandling, begging or solicitation when either the solicitation or the person being solicited is located in, on, or at any of the following locations:
    1. Bus stop or any public transportation facility;
    2. Public transportation vehicle;
    3. Area within fifteen (15) feet, in any direction, of a sidewalk café
    4. Parking lot, parking garage, or parking pay station owned or operated by the city;
    5. Park owned or operated by the city;
    6. Area within fifteen (15) feet, in any direction, of an automatic teller machine;
    7. Area within fifteen (15) feet, in any direction, of the entrance or exit of a commercial or governmental building; or
    8. Private property, unless the person panhandling has permission from the owner of such property.”
  • “It shall be unlawful to engage in the act of aggressive panhandling in any location in the city.”

Panhandling defined as:

• • “Any solicitation made in person requesting an immediate donation of money or other thing of value for oneself or another person or entity; and
  • Seeking donations where the person solicited receives an item of little or no monetary value in exchange for a donation, under circumstances where a reasonable person would understand that the transaction is in substance a donation.”
  • “Panhandling does not mean the act of passively standing or sitting, performing music, or singing with a sign or other indication that a donation is being sought, but without any vocal request other than a response to an inquiry by another person.”

“Aggressive panhandling, begging or solicitation” defined as:

• • “Approaching or speaking to a person in such a manner as would cause a reasonable person to believe that the person is being threatened with either imminent bodily injury or the commission of a criminal act upon the person or another person, or upon property in the person’s immediate possession;
  • Requesting money or something else of value after the person solicited has given a negative response to the initial request;
  • Blocking, either individually or as part of a group of persons, the passage of a solicited person;
  • Touching a solicited person without explicit permission; or
  • Engaging in conduct that would reasonably be construed as intended to intimidate, compel or force a solicited person to accede to demands.”

Repercussions:

• • “Any person found guilty of violating this section shall, upon conviction, be penalized as provided in section 1-6 of this Code.”

Excerpt of Section 1-6:

• • • “…a person convicted of a violation of this Code, shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment for a term not to exceed sixty (60) days or by both such fine and imprisonment. The trial court in its discretion may in any case (including cases when adjudication is withheld), also assess court costs, place a defendant on probation in accordance with Chapter 948 of the Florida Statutes, order a defendant to pay restitution in accordance with Section 775.089 of the Florida Statutes, or order defendant to complete community service hours in an amount not to exceed two hundred and fifty (250) hours per violation, or both, or impose any other lawful condition, term, or order. In lieu of such participation, the court may permit a defendant to pay ten dollars ($10.00) to the city for each hour of community service work otherwise required. With respect to violations of this Code that are continuous with respect to time, each day the violation continues is a separate offense.”
    • “The imposition of a penalty does not prevent revocation or suspension of a license, permit or franchise or the imposition of civil fines, civil penalties or administrative sanctions.”
    • “Violations of this Code that are continuous with respect to time may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent equitable relief.”

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Miami

Banned in Certain Areas/Allowed

• • “Soliciting, begging or panhandling is prohibited within the downtown business district.”
  • “Downtown business district means the area generally described as follows:

    • N. Bayshore Drive from NE 13th Street to NE 15th Street

      Biscayne Boulevard from Biscayne Boulevard Way to NE 15th Street

      SE/NE 3rd Avenue from Biscayne Boulevard Way to NE 1st Street

      SE/NE 2nd Avenue from Biscayne Boulevard Way to NE 15th Street

      NE 1st Court from NE 12th Street to NE 14th Street

      SE/NE 1st Avenue from SE 3rd Street to NE 14th Street

      South/North Miami Avenue from Broadway to NE/NW 1st Street

      North Miami Avenue from NE/NW 7th Street to NE/NW 8th Street

      North Miami Avenue from NE/NW 10th Street to NE/NW 14th Street

      NW Miami Court from Flagler Street to NE 1st Street, East half only

      NW 1st Avenue from NW 1st Street to NW 3rd Street

      NW 2nd Avenue from Flagler Street to NW 1st Street

      Brickell Avenue from SE 8th Street to the South side of the Miami River Bridge

      SE/SW 10th Street from Brickell Avenue to SW 1st Avenue

      SE/SW 9th Street from Brickell Plaza to SW 1st Avenue

      Biscayne Boulevard Way from Biscayne Boulevard to SE 2nd Avenue

      SE 3rd Street from Biscayne Boulevard to SE 2nd Avenue

      SE/SW 2nd Street from Biscayne Boulevard to SE 1st Avenue

      SE/SW 1st Street from Biscayne Boulevard to SW 1st Avenue

      Flagler Street from Biscayne Boulevard to NW Miami Court

      Flagler Street from NW Miami Court to NW 1st Avenue, South half only

      Flagler Street from NW 1st Avenue to NW 2nd Avenue

      NE 1st Street from Biscayne Boulevard to NW Miami Court

      NE 1st Street from NW Miami Court to NW 1st Avenue, North half only

      NE 1st Street from NW 1st Avenue to NW 2nd Avenue

      NE 2nd Street from Biscayne Boulevard to NE 1st Avenue

      NE 3rd Street from Biscayne Boulevard to NE 1st Avenue

      NE 4th Street from Biscayne Boulevard to NE 2nd Avenue

      NE 5th Street from Biscayne Boulevard to NE 1st Avenue

      NE 6th Street from Biscayne Boulevard to NE 1st Avenue

      NE 7th Street from Biscayne Boulevard to North Miami Avenue

      NE 8th Street from Biscayne Boulevard to North Miami Avenue

      NE 9th Street from Biscayne Boulevard to NE 1st Avenue

      NE 10th Street from Biscayne Boulevard to North Miami Avenue

      NE 11th Street from Biscayne Boulevard to North Miami Avenue

      NE 12th Street from Biscayne Boulevard to NE 1st Avenue

      NE 13th Street from the Macarthur Causeway to NE 1st Avenue

      NE 14th Street from N Bayshore Drive to North Miami Avenue

      NE 14th Terrace from N Bayshore Drive to Biscayne Boulevard

      NE 15th Street from N Bayshore Drive to NE 2nd Avenue”

  • “All public streets indicated in this boundary shall include the entire width of the public right-of-way unless otherwise specified.”
  • “It shall be unlawful for a person to intentionally:
    1. Aggressively beg; or
    2. Obstruct pedestrian or vehicular traffic while begging.”

“Aggressively beg” defined as:

• • “…to beg with the intent to intimidate another person into giving money or goods.”

“Beg” defined as:

• • “…to ask or solicit for money or goods as a charity, whether by word, bodily gestures, signs, or other means.”

“Intimidate” defined as:

• • “…to engage in conduct which would make a reasonable person fearful or feel compelled to react. Among the circumstances which may be considered in determining whether the conduct is intended to intimidate another person into giving money or goods are:
    1. Touching the person solicited;
    2. Following the person solicited, or persisting in begging after the person solicited has declined the request;
    3. Using profane or abusive language toward the person solicited; or
    4. Using violent or threatening gestures toward the person solicited.”

“Obstruct pedestrian or vehicular traffic” defined as:

• • “…to walk, stand, sit, lie, or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take unreasonable evasive action to avoid physical contact.”

Repercussions:

• • “The first violation of this provision shall be punishable by a fine of not more than $100.00 and 30 days imprisonment; second and subsequent violations shall be punishable by a fine of not more than $200.00 and 60 days imprisonment.”
  • “Nothing herein shall limit the discretion of the police, court personnel, and judges from referring individuals suspected, charged, or convicted of a violation of this provision to treatment programs or facilities as an alternative to prosecution or imprisonment, provided that the individual freely consents. For homeless individuals, such alternative programs shall include, but not be limited to, the Miami-Dade County Homeless Assistance Project.”

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Daytona Beach

Partially Banned/Allowed

• • “It shall be unlawful for any person to engage in aggressive panhandling on any sidewalk, highway, street, roadway, right-of-way, parking lot, park, or other public or semi-public area or in any public building lobby, entranceway, plaza or common area, public forum or limited public forum within the city limits of the City of Daytona Beach.”
  • “It shall be unlawful for any person to engage in aggressive panhandling on private property if the owner, tenant or lawful occupant has asked the person not to solicit on the property, or has posted a sign clearly indicating that solicitations are not welcome on the property.”
  • “It shall be unlawful for any person to engage in panhandling when either the person engaged in panhandling or the panhandler or the person being panhandled, is located in, on or at the following locations:
    1. Within 20 feet, in any direction, from any entrance or exit of commercially zoned property;
    2. Within 20 feet, in any direction, of any bus or trolley stop or any public transportation facility;
    3. Within 20 feet, in any direction, of an automated teller machine or any electronic information processing device which accepts or dispenses cash in connection with a credit, deposit or convenience account with a financial institution;
    4. Within 20 feet, in any direction, of any parking lot, parking garage, parking meter or parking pay station owned or operated by the city;
    5. Within 20 feet, in any direction, of any public restroom owned and operated by a governmental agency;
    6. Within 100 feet, in any direction, of any daycare or school, including pre-kindergarten through grade 12;
    7. Within 150 feet of any signalized intersection of:
       • arterial roads;
       • collector roads; and
       • arterial and collector roads;”
       • Occurring on the boardwalk as visibly defined by the map at the end of this section.

• • “It shall be unlawful for any person to engage in the following prohibited conduct:
    1. Approach an operator or other occupant of a motor vehicle for the purpose of panhandling, soliciting or begging, or offering to perform a service in connection with such vehicle, or otherwise soliciting the sale of goods or services, if such panhandling, soliciting or begging is done in an aggressive manner;
    2. Panhandle or solicit or beg at any lawfully permitted outdoor dining area amphitheater, amphitheater seating area, playground or lawfully permitted outdoor merchandise area, provided such areas are in active use at the time;
    3. Panhandle, solicit or beg at any transit stop or taxi stand or in a public transit vehicle;
    4. Panhandle, solicit or beg while the person or persons being solicited is standing in line waiting to be admitted to a commercial establishment;
    5. Panhandle, solicit or beg by touching the person or persons being solicited without that person’s consent;
    6. Panhandle, solicit or beg with the use of profane or abusive language during the solicitation or following an unsuccessful solicitation;
    7. Panhandle, solicit or beg by or with the use of any gesture or act intended to cause a reasonable person to be fearful of the solicitor or feel compelled to accede to the solicitation;
    8. Panhandle, solicit or beg while under the influence of alcohol or after having illegally used any controlled substance, as defined in chapter 893 of the Florida Criminal Statutes; or
    9. Panhandle, solicit or beg after dark.”

“After dark” defined as:

• • “…one-half hour after sunset until one-half hour before sunrise. The times of sunset and sunrise will be established by the times listed in any local publication of general distribution.”

“Aggressive panhandling” defined as:

• • “To approach or speak to a person and demand, request or beg for money or a donation of valuable property in such a manner as would cause a reasonable person to believe that the person is being threatened with imminent bodily injury or the commission of a criminal act upon the person approached or another person in the solicited person’s company, or upon property in the person’s immediate possession (for example, placing oneself within two feet of a solicited person and/or using abusive or profane language in a loud voice while demanding or requesting money); or
  • To maintain contact with a solicited person and continue demanding, requesting or begging for money or a donation of valuable property after the solicited person has made a negative response to an initial demand or request for money or a donation (for example, walking in front of, next to, or behind a solicited person while continuing to demand, request or beg for money from that person after that person has refused to donate or give money); or
  • To obstruct, block or impede, either individually or as part of a group of persons, the passage or free movement of a solicited person or a person in the company of a solicited person, including persons on foot, on bicycles, in wheelchairs or operating motor vehicles or persons attempting to enter or exit motor vehicles (for example, walking, standing, sitting, lying, or placing an object in such a manner as to block passage of another person or vehicle, or to require another person or driver of a vehicle to take evasive action to avoid physical contact); or
  • To touch or cause physical contact to a solicited person or a person in the company of a solicited person, or to touch any vehicle occupied by a solicited person or by a person in the company of the solicited person, without the person’s express consent; or
  • To engage in conduct that would reasonably be construed as intended to intimidate, compel or force a solicited person to accede to demands.”

“Panhandling” defined as:

• • “…to beg or make any demand or request made in person for an immediate donation of money or some other article of value from another person for the use of one’s self or others, including but not limited to for a charitable or sponsor purpose or that will benefit a charitable organization or sponsor.
  • …the word ‘solicit’ and its forms are included in this definition.
  • Panhandling is considered as having taken place regardless of whether the person making the solicitation received any contribution.
  • Any purchase of an item for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is in substance a donation, constitutes a donation as contemplated in this definition.
  • Begging is included in this definition of panhandling.
  • Soliciting is including in this definition of panhandling.”

Repercussions:

• • “Any person found guilty of violating the provisions of this section shall be punished in the manner prescribed in section 1-14 of this Code.”

Excerpt of Section 1-14

• • • “It shall be unlawful for any person to violate or fail to comply with any section of this Code. Where no specific penalty is provided, the violation of any section of this Code shall be punished by a fine not exceeding $500.00 or by imprisonment for a term not exceeding 60 days or by both such fine and imprisonment.
    • Each day any violation of any section of this Code shall continue shall constitute a separate offense.”

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Tampa

Allowed Except Aggressive Panhandling/Banned

Similar to Orlando, Tampa does not have city ordinances or codes that directly relate to panhandling. Instead, they have various codes referencing “soliciting” which appear to serve the same purpose and definitions. Sec. 14-46. – Solicitation regulation.

• • “It shall be unlawful for any person in the City of Tampa to solicit donations or payment, or to exhibit oneself for such purpose, by:
    1. Any act or language constituting an express or implied threat of injury to any person or of damage to or loss of any property owned by or in lawful possession of the solicited person;
    2. Endeavoring to maintain contact with the solicited person and continuing to verbally demand, ask or beg for, or to solicit, donations or payment from any person after the solicited person has made a negative response to an initial demand or solicitation; or
    3. Any act intended to impede the passage or free movement of the solicited person. Passage or free movement applies to persons on foot or bicycles, in wheelchairs or operating motor vehicles or persons attempting to enter or exit motor vehicles.”

Sec. 14-47. – Requesting payment in exchange for guarding parked vehicle.

• • “It is unlawful for any person to request payment in exchange for the service of providing security for, guarding, or otherwise watching any motor vehicle owned by, or in lawful possession of, another person unless the requesting person is a properly licensed security officer and complies with all other applicable requirements of F.S. Ch. 493 or is the owner or employee of a properly licensed parking facility at which the vehicle is parked when the request is made.”

Repercussions:

• • “Violations of this section shall be punishable as provided in Tampa Code section 1-6.”

Excerpt from Section 1-6:

• • • “It is unlawful for any person to violate or fail to comply with any provision of this Code and, where no specific penalty is provided therefor [sic], the violation of any provision of this Code shall be punished by a fine not exceeding five hundred dollars ($500.00) and/or imprisonment for a term not exceeding sixty (60) days and/or a term of probation not to exceed six (6) months, as set forth in section 1-6.1 or by both such fine and imprisonment.”
    • “Each day any violation of any provision of this Code shall continue shall constitute a separate offense.”

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Jacksonville

Partially Banned/Allowed

Jacksonville does not have city ordinances or codes that directly relate to panhandling. Instead, they have various codes that refer to soliciting similarly and with various restrictions. Sec. 614.144. – Restriction on public solicitation.

• • “The following restrictions apply to all persons on public property who seek to solicit others for an immediate delivery of money.
    1. A solicitor may not follow another person in order to solicit.
    2. A solicitor may not solicit between 9:00 p.m. and 7:00 a.m.
    3. A solicitor may not solicit on any property posted “no soliciting.”
    4. A solicitor may not insult others while soliciting.
    5. A solicitor may not use abusive language while soliciting.
    6. A solicitor may not use threatening language while soliciting.
  • No person shall be arrested or cited for violating this Section unless warned of the restrictions first.
  • Any person violating a provision of this Section shall be guilty of an offense and shall upon conviction and adjudication of guilt be punished as follows:
    1. For a first offense, by a fine of not more than $25 or by imprisonment of not more than ten days or by community service of not less than 50 hours; and
    2. For a second and subsequent offense, by a fine of not more than $500 or by imprisonment of not less than 15 days nor more than 90 days or by community service of not less than 500 hours.”

Sec. 614.106. – Loitering, soliciting, begging, etc., in public offices or buildings open to the public.

• • “It shall be unlawful for a person…to solicit, seek or beg for donations or charity for himself or on behalf of any person upon the premises of or in a hotel, office or building without first having secured the written consent so to do from the owner, lessee, managing agent or person in charge of the operation of the hotel, office or building.”