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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
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Experience:  Handle criminal matters in both state and federal courts.
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03/02/2011 I would like to know if the Florida Panhandling

Customer Question

03/02/2011

I would like to know if the Florida Panhandling laws also apply to the companies/entities whom apply visual technologies to individuals in which they become a roving Olin Mills on the Florida roadways for product demos and sales? The strong electromagnetic pull on the eyes is also more than obvious. I have been subjected to illegal human research machine cognitions which include what I consider panhandling since roadway footage is included in this scam including other in the voyeruism used in home including all personal hygeine. Much of the technology includes reconfiguration of what perhaps is used for the physcial rehab business.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Samuel II replied 3 years ago.

Hi

 

The panhandling laws are by county in the state of Florida. What county are you in?

Customer: replied 3 years ago.
Okaloosa but this also takes place in Walton, Washington, Holmes,Santa Rosa and Leon counties that I am personally aware of.
Expert:  Samuel II replied 3 years ago.

Hi

 

I have researched each of the Municipal Ordinances for the counties you present and none have laws prohibiting the panhandling that you describe. As matter of fact, I could not even locate laws prohibiting panhandling at all in those counties. For instance, below is the ordinance from Miami-Dade County and there is no such ordinance in the counties you mention

 

 

 

Sec. 21-31.4. - Aggressive or obstructive panhandling prohibited.

(A)

Definitions. The following definitions apply in this section:

(1)

Aggressively beg means to beg with the intent to intimidate another person into giving money or goods.

(2)

Intimidate means to engage in conduct which would make a reasonable person fearful or feel compelled. Among the circumstances which may be considered in determining whether the actor intends to intimidate another person into giving money or goods are that the actor: (a) touches the person solicited; (b) follows the person solicited, and persists in begging after the person solicited has given a negative response; (c) directs profane or abusive language toward the person solicited; or (d) uses violent or threatening gestures toward the person solicited.

(3)

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

(4)

Obstruct pedestrian or vehicular traffic means 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.

(5)

Public place means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.

(6)

Unreasonable evasive action means causing a vehicle to depart from the lane of traffic in which it is traveling to change lanes, to straddle lanes, or to enter onto a swale to obtain passage; it also means causing a pedestrian to leave the sidewalk on which she or he is traveling or to make contact with a wall or fence bordering the sidewalk.

(B)

Prohibited acts. A person is guilty of pedestrian interference if, in a public place, he or she intentionally:

(1)

Obstructs pedestrian or vehicular traffic; or

(2)

Aggressively begs.

(C)

Permitted activities. Acts authorized as an exercise of one's constitutional right to picket or to legally protest, and acts authorized by a permit duly issued by a lawful authority shall not constitute obstruction of pedestrian or vehicular traffic.

(D)

Penalties. Any person convicted of:

(1)

A violation of this section shall be punished by:

a.

Not more than thirty (30) days imprisonment;

b.

A fine of not more than one hundred dollars ($100.00);

c.

Both such fine and imprisonment in the discretion of the court having jurisdiction over the cause;

d.

Fines in accordance with Chapter 8CC of the Code of Miami-Dade County; or

e.

Completion of the Miami-Dade County Diversion Program, pursuant to Implementing Order of the Board of County Commissioners.

(2)

A second or subsequent violation of this section shall be punished by:

a.

Not more than sixty (60) days imprisonment;

b.

A fine not more than two hundred dollars ($200.00);

c.

Both such fine and imprisonment in the discretion of the court having jurisdiction over the cause;

d.

Fines in accordance with Chapter 8CC of the Code of Miami-Dade County; or

e.

Completion of the Miami-Dade County Diversion Program, pursuant to Implementing Order of the Board of County Commissioners.

(E)

Alternative programs. 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 incarceration, 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.

(Ord. No. 94-41, § 1, 3-17-94; Ord. No. 10-52, § 7, 9-21-10)

 

 

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