Pasco Commission Seeks New Ways To Curb Panhandling After Courts Declare It Free Speech

PASCO COUNTY, FL — Hoping to curb a surge in the number of panhandlers on Pasco County roads, the Pasco County Commission has asked its attorneys to draft a new ordinance to prevent roadside solicitations based on safety concerns.

The effort follows a recent ruling in federal court that found Florida's laws banning panhandling, including Pasco County's law, are unconstitutional based on the court's opinion that panhandling bans violate the First Amendment by infringing on a person's right to free speech.

Pasco County first passed a ban on panhandling on all state and county roads and within 100 yards of a major intersection on local roads, except on Sundays, in 2011. The Sunday exception was a concession to allow newspaper hawkers to keep their livelihoods.

After the sheriff's office complained that deputies had difficulty enforcing the law, the county amended its ordinance in 2016 to make panhandling a trespassing violation.

However, with the new federal ruling, the sheriff's office is no longer able to enforce even the amended ordinance.

"I guess the word has gotten out on the street that it's not able to be enforced and people are coming back on the streets," said Commissioner Mike Moore, who has even seen an increase in his district that includes Wesley Chapel. "A federal court judge thinks he knows what's better for our community than we do, and it's ruined it for everyone."

Commissioner Jack Mariano noted that the federal ruling comes at a time when the panhandling problem has become especially troublesome due to people losing their jobs and homes during the coronavirus pandemic.

"This has been a sore subject in the Hudson area. Probably the No. 1 complaint I get is all the panhandling," said Marino, adding that he just heard about one man who brings two children with him while he panhandles at U.S. 19 and State Road 52.

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"It's a very big problem," said Commissioner Kathryn Starkey. "In Holiday, we have people walking in the intersections on both sides."

Senior assistant county attorney Patrick Moore told commissioners that Lee County has come up with a workaround, passing an ordinance based on the safety concerns caused by panhandlers.

He proposed an ordinance that would make it illegal for anyone to stand in a median that is less than 6 feet wide and penalize those who walk into the road to solicit money from the occupants of vehicles as well as those occupants who give money to panhandlers.

"It's titled 'Dangerous Uses of Public Rights of Way' and it has the same exact purpose as our current ordinance - basically the free flow of traffic, pedestrian and vehicular safety," Moore said. "What is different is it specifically eliminates any mention of solicitation or panhandling as the reason for the violation."

This would eliminate the First Amendment concerns, he said.

"Very simply, this does the two things we need it to do," agreed Mariano. "It addresses stopping, standing and otherwise occupying the median if it's not a sufficient pedestrian refuge. The second part is what we talked about is to try to get the people to understand that they are going to be in violation of the law if they give money. Those two things will help us tremendously. I think it can change the quality of life for us."

Starkey said the key is enforcement.

"I feel we're going to have to get a little tough for a while to get the message out and enforce it," she said.

Moore suggested spreading the word on electronic billboards, letting drivers know that they will be cited if they give money to panhandlers.

At the same time, Starkey said she had pamphlets printed up to pass out to homeless people listing resources where they can receive help, so they don't have to panhandle.

"With so many jobs available. we have businesses that can't hire people because they can't find people to work," Mariano said. "And some of these people I see on the streets are dressed very well and have the opportunity to go to work if they want to."