Florida Statute 810.097 | Lawyer Caselaw & Research

The 2024 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 “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.

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.

Note.—Former s. 228.21; s. 228.091.

F.S. 810.097 on Google Scholar

F.S. 810.097 on Casetext

Amendments to 810.097

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

Annotations, Discussions, Cases:

Cases Citing Statute 810.097

Total Results: 20

Geronnie Tirell Rollins v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-05-08

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

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

Court: District Court of Appeal of Florida | Date Filed: 2021-11-17

Snippet: under suspension or expulsion, in violation of s. 810.097(1).” The matter proceeded to an adjudicatory hearing

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

Court: District Court of Appeal of Florida | Date Filed: 2019-02-11

Citation: 263 So. 3d 306

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

In Re: Standard Jury Instructions in Criminal Cases-Report 2017-10.

Court: Supreme Court of Florida | Date Filed: 2018-09-27

Citation: 253 So. 3d 1040

Snippet: CATEGORY TWO FLA. STAT. INS. NO. Trespass on School 810.097(2) 13.5(b) Grounds or Facility After Warning By

L.M. v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-09-20

Citation: 256 So. 3d 226

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

J.H. v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-05-31

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

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

J.H. v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-05-31

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

State of Florida v. Ricky Alphonso Rand

Court: District Court of Appeal of Florida | Date Filed: 2017-02-10

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

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

State of Florida v. Ricky Alphonso Rand

Court: District Court of Appeal of Florida | Date Filed: 2016-04-03

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

M.M. v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-03-04

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

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

M.M. v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-02-29

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

J.R. v. State

Court: Supreme Court of Florida | Date Filed: 2012-08-30

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

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

J.A.M. v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-12-07

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

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

JAM v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-12-07

Citation: 75 So. 3d 816, 2011 WL 6058721

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

Frye v. IRONSTONE BANK

Court: District Court of Appeal of Florida | Date Filed: 2011-09-21

Citation: 69 So. 3d 1046, 2011 Fla. App. LEXIS 14850, 2011 WL 4375025

Snippet: LLC). The Bank alleged that the LLC owed it $2,247,810.97 plus interest under the note. The Bank also sought

B.C. v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-07-18

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

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

BC v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-07-18

Citation: 70 So. 3d 666, 2011 WL 2752869

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

D.J. v. State

Court: Supreme Court of Florida | Date Filed: 2011-07-07

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

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

DJ v. State

Court: Supreme Court of Florida | Date Filed: 2011-07-07

Citation: 67 So. 3d 1029, 2011 WL 2637451

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

A.S. v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-06-10

Citation: 62 So. 3d 695, 2011 Fla. App. LEXIS 8461

Snippet: grounds and third-degree felony battery. See §§ 810.097, 784.03(2), Fla. Stat. (2008). Because the trial