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Miami Beach, FL Public Conduct: Aggressive Panhandling (2026)

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

Key Facts

Buffer distance
20 feet from listed locations
Covered locations
Cafes, ATMs, banks, package stores, parking machines
Also banned
Any LOS 'E' or 'F' intersection
Related ban
Aggressive/obstructive panhandling preserved separately
Penalty basis
Sec. 1-14, general penalty
Adopted
Ord. No. 2003-3411, amended 2011

Summary

Miami Beach bans panhandling and other in-person solicitation within 20 feet of outdoor cafes, ATMs, package stores, financial institutions, and pay-on-foot parking machines, and outright in any city intersection rated Level of Service E or F. City Code Sec. 74-78 layers this location-based ban on top of a separate citywide prohibition on aggressive or obstructive panhandling preserved by Sec. 74-77.

Sec. 74-78. - Panhandling/solicitation prohibited on public property. Notwithstanding the city's regulations regarding charitable solicitations, it shall be unlawful for any person to panhandle or solicit on public property in the following areas:(1)Within 20 feet in any direction from the outside perimeter, as indicated in the site plan attached to the city issued permit, of any outdoor cafe, outdoor restaurant, sidewalk cafe or other establishment serving food or beverages for immediate consumption;(2)Within 20 feet in any direction from any automatic teller machine (ATM);(3)Within 20 feet in any direction from any entranceway into or exit from any food store selling alcoholic beverages or package store.(4)Within 20 feet in any direction from any entranceway into or exit from any financial institution;(5)Within 20 feet in any direction from any parking "pay-on-foot" machine, or other machine used for paying for parking;(6)In any high-volume intersection in the city.

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 98 | Resiliency Code (Current Land Development Regulations): Publication | Ordinance 89-2665 (Previous Land Development Regulations): Publication).

Full Breakdown

Sec. " Sec. 74-78 then makes it unlawful to panhandle or solicit on public property within 20 feet in any direction of the outside perimeter of any outdoor cafe, outdoor restaurant, or sidewalk cafe; within 20 feet of any ATM; within 20 feet of any entrance or exit of a food store or package store selling alcoholic beverages; within 20 feet of any financial institution entrance or exit; within 20 feet of any parking pay-on-foot machine; and anywhere within a "high-volume intersection," defined by reference to the city's Level of Service (LOS) rating of "E" or "F" in the municipal mobility plan.

Sec. 74-77 clarifies that this buffer-zone scheme "does not affect the city's prohibition against aggressive or obstructive panhandling," meaning the LOS-intersection and 20-foot rules stack on top of, rather than replace, whatever separate prohibition applies to aggressive or obstructive begging. Sec. 74-79 sets the penalty for a Sec. 74-78 violation by cross-reference to the general penalty provision, Code Sec. 1-14. The article was adopted by Ord. No. 2003-3411 and amended twice, most recently by Ord. No. 2011-3725 in 2011, which expanded the buffer-zone and high-volume-intersection language.

Violations & Fines

Anyone caught panhandling or soliciting inside a protected buffer zone or high-volume intersection is punished under the citywide general penalty, Sec. 1-14: a fine of up to $500.00, imprisonment for up to 60 days, or both, with each day the violation continues treated as a separate offense that can also be abated as a public nuisance.

Frequently Asked Questions

Where is panhandling banned in Miami Beach?
Within 20 feet of any outdoor cafe or restaurant, ATM, package store, financial institution entrance, or parking pay-on-foot machine, and anywhere inside a city intersection rated Level of Service E or F under the municipal mobility plan. Sec. 74-78 lists these specific buffer zones rather than imposing a blanket citywide ban.
Does Miami Beach separately ban aggressive panhandling?
Yes. Sec. 74-77 states that the 20-foot buffer-zone rules in Sec. 74-78 do 'not affect the city's prohibition against aggressive or obstructive panhandling,' confirming that a distinct prohibition on aggressive or obstructive begging applies on top of, and independent from, the location-based buffer zones.
What is the penalty for illegal panhandling in Miami Beach?
Sec. 74-79 punishes a violation of the buffer-zone ban under the city's general penalty section, Sec. 1-14, which allows a fine of up to $500.00, imprisonment for up to 60 days, or both, with each day of continued violation counted as a separate offense.

Sources & Official References

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