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Miami-Dade County, FL Public Conduct: Aggressive Panhandling (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 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.

City-specific rules exist: Miami, Hialeah, Coral Gables, and Miami Beach have their own aggressive panhandling rules that differ from Miami-Dade County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

(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)...

Source: Florida Roadway Solicitation StatuteView 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 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?
Section 21-31.4 defines aggressive begging as soliciting money with intent to intimidate. Courts can consider whether the person touched the one solicited, followed them and kept begging after being refused, used profane or abusive language, or made violent or threatening gestures toward them.
Can I still hold a sign asking for help on a sidewalk?
Simply standing with a sign and asking is not itself a crime under this section; only aggressively begging with intent to intimidate, or obstructing pedestrian or vehicular traffic, is prohibited. Picketing, protest, and activity covered by a lawful permit are expressly excluded from the obstruction offense.
What is the penalty for a first offense?
Up to 30 days in jail, a fine of up to $100, or both at the court's discretion, along with the alternative of Chapter 8CC civil fines or completion of the county's Diversion Program instead of prosecution.
Does the penalty increase for repeat violations?
Yes. A second or later conviction under Section 21-31.4 raises the maximum penalty to 60 days in jail and a $200 fine, on top of the same Chapter 8CC and Diversion Program alternatives available for a first offense.

Sources & Official References

Other rules in Miami-Dade County

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