Panhandling

&
The Homeless
November 10, 2008
 Panhandling – Current Ordinance
Section 26.66 of the City of Casselberry’s Codes of Ordinance defines a
peddler/solicitor as:
• Any person, whether a resident of the City or not,
• Traveling by foot, wagon, automotive vehicle or any other type of conveyance
• Who goes upon the premises of any private residence of the City,
• Not having been invited by the occupant thereof,
• While lawfully carrying, conveying or transporting lawful goods, wares or
merchandise
• Offering and exposing the goods for sale,
• Making sales and delivering the articles to purchasers;
• Or taking or attempting to take orders for the sale of lawful goods, wares,
services and merchandise or personal property of any nature whatsoever for
future delivery.
 Panhandling – Current Ordinance
Section 26.66 of the City of Casselberry’s Codes of Ordinance defines a
peddler/solicitor as:
"Peddler" or "solicitor" shall include persons
• engaged in soliciting information door-to-door
• for the purpose of polls, surveys, and similar activities for a commercial
purpose.

Except as otherwise specified, "peddler" or "solicitor" shall not include

persons
• engaged in the exercise of their constitutional rights of freedom of speech
• political activity.
 Panhandling – Current Ordinance

Included in the City’s Ordinance are the following restrictions and

requirements:

• 26-68 - It shall be unlawful for any person in the streets or public

places of the City to beg or solicit gifts or money for the purpose of
obtaining gifts or money.

• 26-67 - Persons issued permits under this Article and other persons
whose speech is fully protected under the state and federal
constitutions or who are not otherwise required to obtain a permit
under Subsection 26-81(e) shall be allowed to solicit orders from the
citizens of the City between the hours of 9:00 a.m. and 9:00 p.m.,
Monday through Saturday.

• Staff is currently in the process of re-crafting the current ordinance.

 Panhandling – Statistics

From August 1, 2007 until August 31, 2008

• The Police Department handled a total of 62,744

service calls

• Soliciting - 8 (.001%) calls for service

• Panhandling - 13 (.002%) calls for service

 Options
The Police Department reviewing the following changes to the ordinance and
examining the options :

• Incorporate the verbiage used in the City of Gainesville's ordinance; section 19-80
that address aggressive panhandling

• Defining specific enforceable penalties for violations of the ordinance

• The City Attorney has already opined and does not recommend making a full custody
arrest and jailing an individual based purely on a City Code violation
• If an arrest were made based solely on a City Code violation
• Would the State Attorney be willing to file the charge?
– YES - City will be responsible for payment of prosecution
– YES - City may be responsible for any attorney fees associated with the defense
– NO – The City would be exposed to a lawsuit for false arrest
– NO - The City would be exposed to a 1983 Civil Right Violation
• Issue code citation to the “homeless” person
• A warning must be given before a citation can be issued
• Issuing the citation does not guarantee that the individual will cease their actions
• The Clerks Office takes no action for a violator failing to pay a citation
• Have the private property owner issue a trespass in the officer’s presence
• Arrest under Florida State Statute
• No charge to the City for Prosecution or a Public Defender
 Homeless – Police Department’s
Response
August 1, 2007 through August 31, 2008

¾ The Police Department handled a total of 62,744 service calls

¾ 243 or .04% of the total calls were related to an incident involving “homeless” issue or
activity

– 92 events or 39 % were officer initiated

– 151 events or 61% were citizens generator

¾ 69 events or 28% resulted in a contact with an individual

¾ The Police Department obtained 16 “authorization to trespass” letters from private

property owners

¾ The Police Department has issued 84 trespass warnings

¾ Not all property owners are willing to issue a trespass warning

¾ The Police Department has completed 104 “Field Interview Reports”

 Homeless – Legal Issues
People enjoy freedom of movement on public property that they do not have
on other individual’s private property.

The Courts have specifically found certain criminalization measures to be

unconstitutional:

- Laws that are too restrictive

-First Amendment violations (Freedom of Speech and Freedom of
Assembly)

- Actions are too invasive

-Fourth Amendment violations (Search and Seizure)

- The punishment must fit the crime

-Eighth Amendment violations (Punishment must fit the crime)
 Homeless - Conclusion

• What makes a homeless person’s activity a crime is when a trespass occurs

on private property in violation of a trespassing order from the property
owner or manager.

• The Police Department’s function as a law enforcement agency is a singular

approach in addressing “homeless” issues

• Simply being “homeless” is not a crime and to properly address the

“homeless” issue it will take the efforts and dedication of numerous
agencies, social services, and community involvement