Leon County commissioners approve narrow ordinance restricting use of medians under 6 feet, 6-1

The Leon County Board of County Commissioners voted 6-1 on a substitute motion Monday to adopt a county ordinance that prohibits people from occupying medians narrower than 6 feet and makes violations subject to a civil fine rather than criminal penalties.

The ordinance, advanced as a substitute to a proposal that would have mirrored the City of Tallahassee’s broader ban, passed after Commissioner Maddox moved the county-draft option and Commissioner Cummings seconded; Commissioner O’Keefe cast the lone vote against the measure.

The measure applies only in the county’s unincorporated areas where medians narrower than 6 feet exist. Public Works staff told commissioners it analyzed 16 high-frequency intersections and found only three in unincorporated Leon County with medians relevant to the draft ordinance and that most high-traffic intersections are inside the city limits, where the City of Tallahassee’s ordinance governs.

Supporters framed the ordinance as a public-safety measure. “No part of [my motion] was about homelessness. No part of it was about panhandling,” said Commissioner Maddox, who sponsored the substitute motion and successfully amended the penalty to a $250 fine and no jail time. Maddox and other supporters repeatedly cited pedestrian and driver safety, including incidents in which people — adults and children fundraising or cleaning car windows — were exposed to moving vehicles.

Several residents and community members spoke during the public-comment period. Charlene Stuckey of Tallahassee said she had thought the proposal was aimed at restricting aid to homeless people and asked the board to clarify the scope. Alan Ballas of Tallahassee urged a “multi-jurisdictional task force” and said his chief concern was safety: “Somebody’s gonna get...rear ended them. Somebody’s going to get hurt.” Stanley Sims asked the board to handle the issue “with compassion” and cautioned against criminalizing people who are experiencing homelessness.

Opponents raised legal and values-based concerns. Commissioner O’Keefe warned that conduct the ordinance seeks to restrict — people asking for help at intersections — is protected speech under the First Amendment and said similar measures have prompted litigation in other Florida cities. “We are actually moving an ordinance that would preclude us from new ideas like that,” O’Keefe said, urging focus on services and alternatives such as social‑enterprise programs used in other cities.

County Attorney Sherman advised the board on the legal differences between the county draft and the city ordinance and confirmed that removing jail time and relying on fines would make the offense civil, not criminal, and therefore not prosecuted by the State Attorney’s Office. Commissioners asked staff and public-safety officials whether civil penalties would be enforceable; the attorney said police could use trespass warnings and criminal trespass charges if a person refused to leave a restricted median after a warning.

Public Works staff described the county’s geographic impact: most medians at major intersections — including Capitol Circle — are wider than 6 feet and fall under city jurisdiction; medians narrower than 6 feet cited in county territory include locations on Woodville Highway and at the Mahan Drive/Langnappy Way area near a big-box retail cluster. The board’s action therefore removes a limited number of county medians from public occupation while leaving broader city rules in place inside municipal limits.

The ordinance text adopted is limited to medians less than 6 feet in width and includes language that would prohibit “stopping, standing, or otherwise occupying a pedestrian refuge that is not a sufficient pedestrian refuge” except while lawfully crossing. The board amended the proposed penalties on the floor, replacing potential jail time with a $250 civil fine; Sheriff’s Office and State Attorney enforcement practices were discussed but not changed by the board.

Commissioners said they weighed safety for drivers and pedestrians against concerns about targeting visible poverty. Commissioner Proctor described the ordinance as a “measured approach” that responds to safety risks encountered by motorists and the public. Commissioner O’Keefe said the measure risked criminalizing poverty and urged investment in services instead. The vote was 6 in favor, 1 opposed.

The ordinance takes effect as set by the county’s adoption procedures; the transcript did not specify an effective date or immediate implementation details.