Miami-Dade County, FL Public Conduct: Aggressive Panhandling (2026)
Key Facts
- Offense
- Pedestrian interference: aggressive begging or obstruction
- First offense
- Up to 30 days jail, $100 fine
- Repeat offense
- Up to 60 days jail, $200 fine
- Protected acts
- Picketing, protest, permitted activity exempted
- Diversion option
- Miami-Dade Homeless Assistance Project referral
- Scope
- Any public place, Miami-Dade County Code
Summary
Miami-Dade County Code Section 21-31.4 makes it a criminal offense to aggressively beg or to obstruct pedestrian or vehicular traffic in any public place. 'Aggressively beg' covers touching, following after a refusal, cursing at, or using threatening gestures toward the person solicited. A first offense carries up to 30 days in jail and a $100 fine; repeat offenses double both penalties.
(A)Definitions...(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.(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.(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)...(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)...
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
4 creates the offense of 'pedestrian interference,' covering two distinct acts committed intentionally in a public place: obstructing pedestrian or vehicular traffic, or aggressively begging. The code defines 'beg' broadly as asking or soliciting money or goods as charity by word, gesture, sign or other means, and defines 'public place' to include alleys, sidewalks, streets, parking lots, parks, plazas and the doorways and entrances of buildings open to the public. 'Aggressively beg' means begging with intent to intimidate, and the section lists four circumstances a court may weigh in deciding intent: touching the person solicited, following the person and persisting after a negative response, directing profane or abusive language at the person, or using violent or threatening gestures.
'Obstruct' separately covers blocking a sidewalk or roadway, or forcing a pedestrian off the sidewalk or a driver into unreasonable evasive action such as changing lanes or straddling lanes to get by. The section carves out an explicit exception for constitutionally protected picketing or protest and for activity authorized by a lawful permit; those acts do not count as obstruction. Penalties escalate on a second or later conviction: a first violation draws up to 30 days in jail, a fine capped at $100, both at the court's discretion, Chapter 8CC civil fines, or completion of the county's Diversion Program, while a second or subsequent violation draws up to 60 days in jail and a fine capped at $200.
The section also directs police, court staff and judges to consider referring suspects, especially homeless individuals, to treatment programs such as the Miami-Dade County Homeless Assistance Project as an alternative to prosecution, provided the person consents.
Violations & Fines
A first conviction for aggressive begging or obstructing pedestrian or vehicular traffic carries up to 30 days in jail, a fine of up to $100, or both, plus the option of Chapter 8CC civil fines or the county's Diversion Program. A second or later conviction raises the exposure to up to 60 days in jail and a $200 fine. Judges and police may divert homeless defendants to treatment programs instead of prosecution.
Frequently Asked Questions
What counts as 'aggressive' begging under this law?
Can I still hold a sign asking for help on a sidewalk?
What is the penalty for a first offense?
Does the penalty increase for repeat violations?
Sources & Official References
Other rules in Miami-Dade County
Florida rules heatmap·Compare Miami-Dade County to another location·View the Florida public conduct overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.