TAMPA, Fla. — A Florida lawmaker has introduced a bill that would make panhandling in most parts of the state illegal – and depending upon the circumstances – maybe even a felony.
In the past, similar laws have been found to be a violation of free speech.
“I think it would be very wrong,” said Kevin Drubbs, who panhandles in Tampa.
Drubbs says if House Bill 759 becomes law, he and others who try to make ends meet by panhandling will suffer.
“It would really hurt me,” he said.
State Rep. Alex Andrade (R) District 2 wrote the bill, which would revise the definition of terms like “solicitation” and “panhandling” and apply the same rules that charitable organizations have to follow.
“I just don't buy the argument that some people shouldn't be held to that standard,” Andrade said. “It's the standard we apply to every charity in the state already. It's the standard we apply to individuals who want to start a GoFundMe for a friend of theirs. It's the standard we should apply for anyone who's doing it on the sidewalk or in the middle of a street.”
Andrade says a statewide law would add clarity and consistency.
Right now, Florida’s a patchwork of panhandling laws. Some counties have them and some don't. Some cities have tried to pass them only to be told they're unconstitutional.
“If this is what they want to do, it's entirely up to them, but we're not doing anything wrong,” Thomas Amato said. “They're the ones that are handing us the money even though we've got the God bless cards and everything.”
Lawyers who've defended panhandling as free speech agree that aggressive behavior or entering busy intersections can be a problem, but that punishing everyone is an overreach.
The bill would apply to all roadways or public sidewalks, and anywhere within 50 feet of a commercially zoned property, bus stop, ATM or bank, parking garages and public restrooms.
The same rules apply within 100 feet of any school or other childcare facility.
Those who violate the law could face misdemeanor charges including fines and up to 60 days in jail.
Those who are not registered as a charity could face felony charges.
“I think if we trust that Girl Scouts can follow the law, we should be able to trust that a grown man on the street corner can file the same law,” Andrade.
“I think if they want to give they give. You're not in a store. You're not harassing the customers outside the gas station. I think should be legal to pan,” Drubbs said. “I don't see a problem with it.”