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Tallahassee, FL Public Conduct: Loitering Rules (2026)

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

Key Facts

Scope
In or near structures/facilities in city parks
Standard used
F.S. § 856.021 loitering standard
Required first step
Officer must ask person to identify/explain
Violation type
Noncriminal offense
Consequence
Warning, ejection, or trespass warning
Governing section
Code of General Ordinances § 13-34(b)(6)

Summary

In Tallahassee city parks, Code of General Ordinances § 13-34(b)(6) bars loitering in or near any structure or facility in a manner that would create a justifiable alarm for the safety of others, using the same standard as Florida's loitering-and-prowling statute, F.S. § 856.021. Before an officer can warn or arrest, the person must first be given a chance to explain their presence.

It shall be unlawful for any person to do one or more of the following in a park or recreational facility owned, managed, maintained, or controlled by the city:...(6)Loiter in or near any structure or facility in a manner not usual for law-abiding individuals under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons in the vicinity. See F.S. § 856.021. A law enforcement officer shall, prior to issuance of a trespass warning or any arrest for an offense under this section, afford the person an opportunity to dispel any alarm or immediate concern which would otherwise be warranted by requesting the person to identify himself or herself and explain his or her presence and conduct.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Land Development Code: Supplement 75 | Code of Ordinances: Supplement 75).

Full Breakdown

Section 13-34(b) lists a second set of unlawful park activities separate from subsection (a). 021, the state loitering and prowling statute, as the governing standard. The section builds in a procedural safeguard borrowed from that same state law: before a law enforcement officer can issue a trespass warning or make an arrest under this clause, the officer must first give the person an opportunity to dispel the alarm by asking them to identify themselves and explain their presence and conduct. Only if that explanation fails to resolve the concern does enforcement proceed.

Subsection (b) covers other conduct in the same list, including defacing park property (item 2), harming wildlife (item 3), and dumping trash (item 7), and the subsection's closing sentence sets the shared consequence: a noncriminal offense carrying a warning, immediate ejection from the park, or a trespass warning, with immediate ejection and a trespass warning available if warranted. Because this clause is written into the parks chapter, it reaches loitering in or near structures and facilities within city parks and recreational facilities specifically, not general loitering anywhere in the city.

Violations & Fines

Loitering near a structure or facility in a Tallahassee park under circumstances warranting reasonable alarm is a noncriminal offense under § 13-34(b): the response is a warning, immediate ejection, or a trespass warning, after the officer has first given the person a chance to identify themselves and explain their presence per the F.S. § 856.021 standard incorporated into the section.

Frequently Asked Questions

What counts as illegal loitering in a Tallahassee park?
Loitering in or near a structure or facility in a manner not usual for law-abiding people, under circumstances creating justifiable alarm for others' safety, under § 13-34(b)(6). The section applies the same standard as Florida's loitering and prowling statute, F.S. § 856.021.
Can an officer arrest me right away for loitering in a park?
No. Section 13-34(b)(6) requires the officer to first give the person a chance to identify themselves and explain their presence and conduct. Only if that fails to dispel the concern does a trespass warning or arrest follow.
Does this loitering rule apply outside of parks?
No. This clause is written into the parks and recreation chapter and only reaches loitering in or near structures and facilities within city parks and recreational facilities, not citywide sidewalks or private property.

Sources & Official References

Other rules in Tallahassee

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