Florida Statute 810.097 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 810
BURGLARY AND TRESPASS

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F.S. 810.097

810.097 Trespass upon grounds or facilities of a school; penalties; arrest.—

(1) Any person who:

(a) Does not have legitimate business on the campus or any other authorization, license, or invitation to enter or remain upon school property; or

(b) Is a student currently under suspension or expulsion;

and who enters or remains upon the campus or any other facility owned by any such school commits a trespass upon the grounds of a school facility and is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(2) Any person who enters or remains upon the campus or other facility of a school after the principal of such school, or his or her designee, has directed such person to leave such campus or facility or not to enter upon the campus or facility, commits a trespass upon the grounds of a school facility and is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(3) The chief administrative officer of a school, or any employee thereof designated by the chief administrative officer to maintain order on such campus or facility, who has probable cause to believe that a person is trespassing upon school grounds in violation of this section may take such person into custody and detain him or her in a reasonable manner for a reasonable length of time pending arrival of a law enforcement officer. Such taking into custody and detention by an authorized person does not render that person criminally or civilly liable for false arrest, false imprisonment, or unlawful detention. If a trespasser is taken into custody, a law enforcement officer shall be called to the scene immediately after the person is taken into custody.

(4) Any law enforcement officer may arrest either on or off the premises and without warrant any person the officer has probable cause for believing has committed the offense of trespass upon the grounds of a school facility. Such arrest shall not render the law enforcement officer criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.

(5) As used in this section, the term:

(a) “School” means the grounds or any facility, including school buses, of any kindergarten, elementary school, middle school, junior high school, or secondary school, whether public or nonpublic.

(b) “School bus” means any vehicle operated, owned, or contracted by a school district for student transportation.

(6) For purposes of this section, a clearly posted sign or a verbal warning provided by the school bus operator, the principal, a school district employee, or law enforcement personnel, indicating that unauthorized boarding or remaining on a school bus is prohibited and violators will be prosecuted, constitutes sufficient notice and satisfies the prior warning requirement necessary for immediate arrest and prosecution of any person who boards, enters, or remains upon a school bus without authorization.

History.—s. 1, ch. 68-3; s. 1, ch. 72-10; s. 1, ch. 72-221; s. 1, ch. 77-425; s. 48, ch. 79-164; s. 1, ch. 82-3; s. 27, ch. 91-224; s. 1207, ch. 95-147; s. 1, ch. 99-147; s. 5, ch. 2018-150; s. 4, ch. 2025-109.

Note.—Former s. 228.21; s. 228.091.

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Amendments to 810.097

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 810.097

Level: Degree
Misdemeanor/Felony: First/Second/Third

S810.097 1 - TRESPASSING - SCHOOL GROUNDS -WAS 228.091 - M: S

S810.097 2 - TRESPASSING - SCHOOL GROUNDS REFUSE TO LEAVE-WAS 228.091 - M: F

Cases Citing Statute 810.097

Total Results: 26

Standard Jury Inst. in Cr. Cases No. 2006-2

962 So. 2d 310, 2007 WL 2002611

Supreme Court of Florida | Filed: Jul 12, 2007 | Docket: 2518611

Cited 36 times | Published

(a) TRESPASS ON SCHOOL GROUNDS OR FACILITIES § 810.097, Fla. Stat. To prove the crime of Trespass on

EW v. State

873 So. 2d 485, 2004 WL 1068046

District Court of Appeal of Florida | Filed: May 13, 2004 | Docket: 1451563

Cited 9 times | Published

(Fla. 1st DCA 2003). The statute applicable, section 810.097(1), Florida Statutes (2002), provides: 810

J.A.M. v. State

75 So. 3d 816, 2011 Fla. App. LEXIS 19549

District Court of Appeal of Florida | Filed: Dec 7, 2011 | Docket: 60303940

Cited 2 times | Published

trespass on school property in violation of section 810.097(1), Florida Statutes (2009). Under this statute

DJ v. State

43 So. 3d 176, 2010 WL 3489010

District Court of Appeal of Florida | Filed: Sep 8, 2010 | Docket: 2546341

Cited 2 times | Published

being directed not to enter the property. See § 810.097(2), Fla. Stat. (2009). The evidence showed that

J.H. v. State

220 So. 3d 508, 2017 WL 2348530, 2017 Fla. App. LEXIS 7819

District Court of Appeal of Florida | Filed: May 31, 2017 | Docket: 60267234

Cited 1 times | Published

Academy, in violation of Florida Statute section 810.097. § 810.097(1), Fla. Stat. (2015) (“Any person who

State of Florida v. Ricky Alphonso Rand

209 So. 3d 660, 2017 WL 535370, 2017 Fla. App. LEXIS 1634

District Court of Appeal of Florida | Filed: Feb 10, 2017 | Docket: 4583348

Cited 1 times | Published

the school’s invitation to use its track. See § 810.097(1)(a), Fla. Stat. (defining unlawful trespassing

JAM v. State

75 So. 3d 816, 2011 WL 6058721

District Court of Appeal of Florida | Filed: Dec 7, 2011 | Docket: 1910766

Cited 1 times | Published

trespass on school property in violation of section 810.097(1), Florida Statutes (2009). Under this statute

D.J. v. State

43 So. 3d 176, 2010 Fla. App. LEXIS 13382

District Court of Appeal of Florida | Filed: Sep 8, 2010 | Docket: 60295428

Cited 1 times | Published

being directed not to enter the property. See § 810.097(2), Fla. Stat. (2009). The evidence showed that

Gray v. Kohl

568 F. Supp. 2d 1378, 2008 U.S. Dist. LEXIS 49482, 2008 WL 2557381

District Court, S.D. Florida | Filed: Jun 18, 2008 | Docket: 2284124

Cited 1 times | Published

campus" from entering or remaining on the campus. § 810.097(1), Fla. Stat. The Third District Court of Appeal

Raulerson v. State of Florida

District Court of Appeal of Florida | Filed: Apr 30, 2025 | Docket: 69996619

Published

trespass until a law enforcement officer arrives); § 810.097, Fla. Stat. (authorizing the chief administrative

Geronnie Tirell Rollins v. State of Florida

District Court of Appeal of Florida | Filed: May 8, 2024 | Docket: 68511406

Published

school facility after warning, brought under section 810.097(2), Florida Statutes (2021). 2 The defense

X.B., A JUVENILE v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 17, 2021 | Docket: 61493024

Published

2d 1116, 1116 (Fla. 4th DCA 2003). Section 810.097(1), Florida Statutes (2020), provides as follows:

E.W., a child v. State of Florida

263 So. 3d 306

District Court of Appeal of Florida | Filed: Feb 11, 2019 | Docket: 14545179

Published

trespassing on school grounds pursuant to section 810.097(1), Florida Statutes. Appellant contends the

L.M. v. State

256 So. 3d 226

District Court of Appeal of Florida | Filed: Sep 20, 2018 | Docket: 64690132

Published

adjudication for trespass on school grounds ( section 810.097, Florida Statutes (2014) ) and the denial by

J.H. v. State

District Court of Appeal of Florida | Filed: May 31, 2017 | Docket: 6067557

Published

Academy, in violation of Florida Statute section 810.097. § 810.097(1), Fla. Stat. (2015) (“Any person who

State of Florida v. Ricky Alphonso Rand

District Court of Appeal of Florida | Filed: Apr 3, 2016 | Docket: 3050454

Published

invitation to enter or remain upon school property.” § 810.097(1)(a), Fla. Stat. (2014). Any law enforcement

M.M. v. State

187 So. 3d 300, 2016 Fla. App. LEXIS 3352, 2016 WL 830365

District Court of Appeal of Florida | Filed: Mar 4, 2016 | Docket: 60254036

Published

trespass on school grounds in violation of section 810.097(1), Florida Statutes (2014), arguing that the

M.M. v. State

District Court of Appeal of Florida | Filed: Feb 29, 2016 | Docket: 3045467

Published

trespass on school grounds in violation of section 810.097(1), Florida Statutes (2014), arguing that the

J.R. v. State

99 So. 3d 427, 37 Fla. L. Weekly Supp. 529, 2012 WL 3732857, 2012 Fla. LEXIS 1662

Supreme Court of Florida | Filed: Aug 30, 2012 | Docket: 60312998

Published

court’s adjudication of J.R.’s delinquency under section 810.097(2), Florida Statutes (2008), for trespass on

B.C. v. State

70 So. 3d 666, 2011 Fla. App. LEXIS 11167

District Court of Appeal of Florida | Filed: Jul 18, 2011 | Docket: 60302856

Published

for trespass on school grounds pursuant to section 810.097(2), Florida Statutes (2010). Defendant argues

BC v. State

70 So. 3d 666, 2011 WL 2752869

District Court of Appeal of Florida | Filed: Jul 18, 2011 | Docket: 2353981

Published

for trespass on school grounds pursuant to section 810.097(2), Florida Statutes (2010). Defendant argues

D.J. v. State

67 So. 3d 1029, 36 Fla. L. Weekly Supp. 363, 2011 Fla. LEXIS 1572

Supreme Court of Florida | Filed: Jul 7, 2011 | Docket: 60301918

Published

grounds of a school facility in violation of section 810.097(2), Florida Statutes (2009). We granted review

DJ v. State

67 So. 3d 1029, 2011 WL 2637451

Supreme Court of Florida | Filed: Jul 7, 2011 | Docket: 2534001

Published

grounds of a school facility in violation of section 810.097(2), Florida Statutes (2009). We granted review

A.S.P. v. State

964 So. 2d 211, 2007 Fla. App. LEXIS 13254, 2007 WL 2403757

District Court of Appeal of Florida | Filed: Aug 24, 2007 | Docket: 64852137

Published

need to check him out because of the safety.” Section 810.097(1) provides in pertinent part as follows: (1)

E.W. v. State

873 So. 2d 485, 2004 Fla. App. LEXIS 6669

District Court of Appeal of Florida | Filed: May 13, 2004 | Docket: 64830680

Published

(Fla. 1st DCA 2003). The statute applicable, section 810.097(1), Florida Statutes (2002), provides: 810

G.A. v. State

862 So. 2d 96, 2003 Fla. App. LEXIS 17543, 2003 WL 22715638

District Court of Appeal of Florida | Filed: Nov 19, 2003 | Docket: 64827246

Published

for trespass on school grounds pursuant to section 810.097(1), Florida Statutes (2002). This crime, which