Q: This month, a reader asked if you could provide any information about the different groups of people soliciting donations at the corner of State Road 13 and Race Track Road. What are the criteria to do this and can anything be done from a safety aspect, since they often leave the median and walk between cars stopped at the red light?
A: We get lots of questions about this topic in law enforcement … why aren’t we enforcing laws in these instances? The answer is that we were sued by an individual in 2019 whom we thought was in violation of Florida State Statute 316.2045, Obstruction of public streets, highways, and roads — and he won. So we are cautious at this point.

Q: Can you give some background on this case?
A: Yes. It is a matter of public record. Peter Vigue filed the lawsuit after more than 50 contacts with law enforcement between 2016 – 2018 and he was arrested a few times for trespassing and impeding traffic flow. The federal judge who decided the case found in Vigue’s favor based on Vigue’s First Amendment rights. The judge felt that his First Amendment rights outweighed the public safety aspect. 

In 2022, the Florida Legislature had to revisit this statute in light of the lawsuit. They made changes, including removing the requirement for a permit to solicit donations or panhandle on state roads. Basically, FL Statute 316.2045 went from a two page statute to a half page, but it is now a much grayer area for us to operate in.

Q: Were any other changes made?
A: Our county, along with Duval and Clay counties, are currently considering local ordinances on this topic. The St. Johns County legal department is drafting an ordinance that would prohibit or restrict soliciting at intersections and doesn’t distinguish between panhandling and charitable donations. Violation would be a second degree misdemeanor, as opposed to the non-moving violation that the Florida State Statute allows for. The goal of the ordinance is to improve safety of pedestrians and motorists at intersections.

The first draft of the ordinance is due to be completed in early March and then the next step will be for it to move to the Board of County Commissioners for required readings and adoption.

Q: What should citizens do at this point if they are concerned about a particular instance of panhandling or charitable donation solicitation at the intersection?
A: Citizens should continue to call the SJSO non-emergency number, (904) 824-8304 and we will let our deputies know and make a discretionary call about the particular situation.

Q: What is the best way for our readers to contact you with any questions or suggestions about this article?

A: They can email me at sheriff@sjso.org or call me at (904) 824-8304. Also, our website, www.sjso.org has a wealth of resources, from alarm registration to Crime Stoppers to our Neighbors app.

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