Highlands County, FL Public Conduct: Loitering Rules (2026)
Key Facts
- Scope
- Only sexually oriented business employees, § 4-251
- No general loitering law
- Chapter 7 has none
- Covered area
- Anywhere visible from a public sidewalk/ROW
- Enforcing agency
- Highlands County Sheriff's Office
- Penalty
- General penalty under § 1-7, F.S. § 125.69
Summary
Highlands County has no general public loitering law; its only loitering rule targets sexually oriented businesses. Code § 4-251 makes it unlawful for an employee of an adult arcade, cabaret, bookstore, motel, theater, escort agency or nude model studio to loiter outside the business or to wave in or otherwise solicit passersby visible from a public right-of-way or sidewalk.
It shall be unlawful for any employee of a sexually oriented business, regardless of whether it is licensed under this article, to loiter outside any structure on the sexually oriented business or to engage in advertising on behalf of the employee, any other employee, or the sexually oriented business, while situated outside any structure on the sexually oriented business, including but not limited to, sitting or standing outside any structure on the sexually oriented business or waving to or otherwise enticing potential customers beyond the sexually oriented business to enter the sexually oriented business. For purposes of this section, the term "outside any structure" shall be construed to mean the employee is situated at a place at the sexually oriented business where he is visible from any public right-of-way or sidewalk.
Full Breakdown
Highlands County does not have a general loitering or vagrancy ordinance applicable to the public at large; the county's only codified loitering restriction, section 4-251, is written narrowly into the Sexually Oriented Business Ordinance in Chapter 4, Article IV. It applies only to an employee of a licensed or unlicensed sexually oriented business, meaning an adult arcade, adult bookstore or video store, adult cabaret, adult dancing establishment, adult motel, adult motion picture theater, adult theater, escort agency, or nude model studio as defined in section 4-102.
The section makes it unlawful for that employee to loiter outside any structure on the business's premises, or to advertise on the employee's own behalf, another employee's behalf, or the business's behalf while positioned outside the structure, including sitting or standing outside it or waving to or otherwise enticing potential customers to come in. The statute defines 'outside any structure' as any place at the business where the employee is visible from a public right-of-way or sidewalk, so the rule reaches a parking lot or sidewalk frontage the same way it reaches the building's front steps. ' The Sheriff's Office, which verifies and enforces sexually oriented business compliance under section 4-141(c), is the agency responsible for enforcing this section.
Violations & Fines
A violation of section 4-251 is a violation of Article IV of Chapter 4, and where the article sets no specific fine, section 1-7's general penalty controls, punishable as provided in F.S. § 125.69, with each day of a continuing violation a separate offense. A pattern of violations can also support suspension or revocation of the business's sexually oriented business license by the county administrator under section 4-141(b).
Frequently Asked Questions
Does Highlands County have a general loitering law for the public?
Can an employee of an adult business wave customers in from the sidewalk?
What can happen to the business if an employee keeps violating the loitering rule?
Sources & Official References
Other rules in Highlands County
Florida rules heatmap·Compare Highlands County to another location·View the Florida public conduct overview
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