Florida Statutes

Fla. Stat. § 810.097 (2025)

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

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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.

Arrestable Offenses under F.S. 810.097

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§810.097(1)TRESPASSINGTRESPASS ON SCHOOL GROUNDSM · 2nd

§810.097(2)TRESPASSINGTRESPASS SCHOOL GROUNDS REFUSE TO LEAVEM · 1st

Notes of Decisions

Cited in 30 cases (5 in the last 5 years), 2003–2025 · leading case: State of Florida v. Ricky Alphonso Rand, 209 So. 3d 660 (Fla. 1st DCA 2017).

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State of Florida v. Ricky Alphonso Rand, 209 So. 3d 660 (Fla. 1st DCA 2017). · cites it 16× “See § 810.097(1)(a), Fla. Stat. (defining unlawful trespassing on campus as lacking “legitimate business on the campus or any other authorization, license, or invitation to enter or remain upon the school property”).”

M.M. v. State, 187 So. 3d 300 (Fla. 5th DCA 2016). · cites it 10× “Section 810.097 provides, in pertinent part: (1) Any person who: (a) Does not have legitimate business on the campus or ány other authorization, license, or invitation to enter or remain upon school property; or (b) Is a student currently under suspension or expulsion; and who…”

Stand. Jury Inst. in Cr. Cases No. 2006-2, 962 So. 2d 310 (Fla. 2007). · cites it 4× “(Defendant) entered or remained on the campus of (school name).”

J.H. v. State, 220 So. 3d 508 (Fla. 3d DCA 2017). · cites it 4× “Graham K-8 Academy, in violation of Florida Statute section 810.097. § 810.097(1), Fla. Stat.”

D.J. v. State, 67 So. 3d 1029 (Fla. 2011). · cites it 20× “09, it becomes clear that section 810.097 grants to the principal of a school the same authority that is granted to the owner of private property by section 810.”

J.R. v. State, 99 So. 3d 427 (Fla. 2012). · cites it 22× “’s delinquency under section 810.097(2), Florida Statutes (2008), for trespass on school grounds after having been warned by the principal or his desig-nee.”

E.W. v. State, 873 So. 2d 485 (Fla. 1st DCA 2004). · cites it 3× “Appellant, who was 14 at the time of the incident, could not legally comply with the directions of the dean of the school to leave the school’s premises, in that the policy of the school was that no student under the age of 18 could lawfully leave the campus unless he or she had…”

B.C. v. State, 70 So. 3d 666 (Fla. 1st DCA 2011). · cites it 21× “This is an appeal from a conviction for trespass on school grounds pursuant to section 810.097(2), Florida Statutes (2010).”

L.M. v. State, 256 So. 3d 226 (Fla. 3d DCA 2018). · cites it 4× “, a juvenile, appeals an adjudication for trespass on school grounds ( section 810.097, Florida Statutes (2014) ) and the denial by the trial court of L.”

A.S.P. v. State, 964 So. 2d 211 (Fla. 2d DCA 2007). · cites it 3× “” Section 810.097(1) provides in pertinent part as follows: (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 .”

DJ v. State, 67 So. 3d 1029 (Fla. 2011). · cites it 20× “09, it becomes clear that section 810.097 grants to the principal of a school the same authority that is granted to the owner of private property by section 810.”

D.J. v. State, 43 So. 3d 176 (Fla. 3d DCA 2010). · cites it 2× “See § 810.097(2), Fla. Stat. (2009). The evidence showed that the school security guard had directed D.”

Show all 30 citing cases →

— 810.097(1) — 13 cases

M.M. v. State, 187 So. 3d 300 (Fla. 5th DCA 2016). “Section 810.097 provides, in pertinent part: (1) Any person who: (a) Does not have legitimate business on the campus or ány other authorization, license, or invitation to enter or remain upon school property; or (b) Is a student currently under suspension or expulsion; and who…”

J.H. v. State, 220 So. 3d 508 (Fla. 3d DCA 2017). “Graham K-8 Academy, in violation of Florida Statute section 810.097. § 810.097(1), Fla. Stat.”

E.W. v. State, 873 So. 2d 485 (Fla. 1st DCA 2004). “Appellant, who was 14 at the time of the incident, could not legally comply with the directions of the dean of the school to leave the school’s premises, in that the policy of the school was that no student under the age of 18 could lawfully leave the campus unless he or she had…”

A.S.P. v. State, 964 So. 2d 211 (Fla. 2d DCA 2007). “” Section 810.097(1) provides in pertinent part as follows: (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 .”

J.A.M. v. State, 75 So. 3d 816 (Fla. 2d DCA 2011).

— 810.097(1)(a) — 3 cases

State of Florida v. Ricky Alphonso Rand, 209 So. 3d 660 (Fla. 1st DCA 2017). “See § 810.097(1)(a), Fla. Stat. (defining unlawful trespassing on campus as lacking “legitimate business on the campus or any other authorization, license, or invitation to enter or remain upon the school property”).”

State of Florida v. Ricky Alphonso Rand (Fla. 1st DCA 2016).

X.b., a Juv. v. The State of Florida (Fla. 3d DCA 2021).

— 810.097(1)(b) — 3 cases

L.M. v. State, 256 So. 3d 226 (Fla. 3d DCA 2018). “, a juvenile, appeals an adjudication for trespass on school grounds ( section 810.097, Florida Statutes (2014) ) and the denial by the trial court of L.”

JAM v. State, 75 So. 3d 816 (Fla. 2d DCA 2011).

X.b., a Juv. v. The State of Florida (Fla. 3d DCA 2021).

— 810.097(2) — 9 cases

J.R. v. State, 99 So. 3d 427 (Fla. 2012). “’s delinquency under section 810.097(2), Florida Statutes (2008), for trespass on school grounds after having been warned by the principal or his desig-nee.”

Stand. Jury Inst. in Cr. Cases No. 2006-2, 962 So. 2d 310 (Fla. 2007). “(Defendant) entered or remained on the campus of (school name).”

D.J. v. State, 67 So. 3d 1029 (Fla. 2011). “09, it becomes clear that section 810.097 grants to the principal of a school the same authority that is granted to the owner of private property by section 810.”

B.C. v. State, 70 So. 3d 666 (Fla. 1st DCA 2011). “This is an appeal from a conviction for trespass on school grounds pursuant to section 810.097(2), Florida Statutes (2010).”

D.J. v. State, 43 So. 3d 176 (Fla. 3d DCA 2010). “See § 810.097(2), Fla. Stat. (2009). The evidence showed that the school security guard had directed D.”

— 810.097(3) — 2 cases

State of Florida v. Ricky Alphonso Rand (Fla. 1st DCA 2016).

— 810.097(4) — 3 cases

State of Florida v. Ricky Alphonso Rand (Fla. 1st DCA 2016).

— 810.097(l)(a) — 1 case

— 810.097(l)(b) — 1 case

J.A.M. v. State, 75 So. 3d 816 (Fla. 2d DCA 2011).

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