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: Fla. Dist. Ct. App. | Date Filed: 2024-05-08T00:00:00-07:00

Snippet: his or her designee.” § 810.097(2), Fla. Stat. As stated in D.J., “section 810.097 grants to the principal… facility after warning, brought under section 810.097(2), Florida Statutes (2021). 2 The defense argued… So. 2d 55 (Fla. 5th DCA 1984)). 2 Section 810.097(2) provides: (2) Any person who enters…charge. Id. at 430. J.R.’s conviction under section 810.097(2) was therefore reversed. Id. Here, the …the grounds of a school facility under section 810.097(2). D.J., 67 So. 3d at 1033. The statute requires

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

Court: Fla. Dist. Ct. App. | Date Filed: 2021-11-16T23:53:00-08:00

Snippet: under suspension or expulsion, in violation of s. 810.097(1).” The matter proceeded to an adjudicatory hearing…1116, 1116 (Fla. 4th DCA 2003). Section 810.097(1), Florida Statutes (2020), provides as follows…school.” L.M., 256 So. 3d at 228 (quoting § 810.097(1)(b), Fla. Stat. (2014)). X.B. argues that…letter to prove the suspension element of section 810.097(1)(b). Moreover, any argument that in order for…for a suspension to be effective under section 810.097(1)(b) it must be reported in writing, is

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

Court: Fla. Dist. Ct. App. | Date Filed: 2019-02-10T23:53:00-08:00

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: Fla. | Date Filed: 2018-09-27T00:00:00-07:00

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…refusal to depart is charged) Trespass Upon School 810.097(1) 13.5(a) Grounds or Facility (if no legitimate

L.M. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-09-20T00:00:00-07:00

Citation: 256 So. 3d 226

Snippet: adjudication for trespass on school grounds ( section 810.097, Florida Statutes (2014) ) and the denial by the…upon grounds or facilities of a school, section 810.097(1)(b), Florida Statutes (2014), are that the person

J.H. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-05-31T00:53:00-07:00

Snippet: , in violation of Florida Statute section 810.097. § 810.097(1), Fla. Stat. (2015) (“Any person who .…legitimate reason for being on campus. Section 810.097(1) does not require that school personnel ask the…sufficient evidence to support a violation of section 810.097(1) based on the personal observation of school

J.H. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-05-31T00:00:00-07:00

Citation: 220 So. 3d 508

Snippet: , in violation of Florida Statute section 810.097. § 810.097(1), Fla. Stat. (2015) (“Any person who ..…legitimate reason for being on campus. Section 810,097(1) does not require that school personnel ask the…sufficient evidence to support a violation, of section 810.097(1) based on the personal observation of school

State of Florida v. Ricky Alphonso Rand

Court: Fla. Dist. Ct. App. | Date Filed: 2017-02-10T00:00:00-08:00

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

Snippet: invitation to enter or remain upon school property.” § 810.097(1)(a), Fla. Stat. We have defined “legitimate business…trespass upon the grounds of a school facility.” § 810.097(4), Fla. Stat. Every school principal is required…awaiting arrival of a law enforcement officer. § 810.097(3), Fla. Stat. It is a third-degree felony for

State of Florida v. Ricky Alphonso Rand

Court: Fla. Dist. Ct. App. | Date Filed: 2016-04-03T00:53:00-07:00

Snippet: invitation to enter or remain upon school property.” § 810.097(1)(a), Fla. Stat. (2014). Any law enforcement officer…trespass upon the grounds of a school facility.” § 810.097(4), Fla. Stat. (2014). Every school principal… 2 arrival of a law enforcement officer. § 810.097(3), Fla. Stat. (2014). It is a third- degree felony

M.M. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-03-04T00:00:00-08:00

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… We disagree and, accordingly, áffirm. Section 810.097 provides, in pertinent part: (1) Any person who… the campus constituted a violation of section 810.097(1). A sterile literal interpretation of a statute… the only reasonable interpretation of section 810.097(1) is that “school property” means any part of …property may be found guilty of violating section 810.097(1). This interpretation is consistent with the

M.M. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-02-28T23:53:00-08:00

Snippet: trespass on school grounds in violation of section 810.097(1), Florida Statutes (2014), arguing that the trial…disagree and, accordingly, affirm. Section 810.097 provides, in pertinent part: …the campus constituted a violation of section 810.097(1). A sterile literal interpretation of… the only reasonable interpretation of section 810.097(1) is that “school property” means any part of…property may be found guilty of violating section 810.097(1). This interpretation is consistent with the

J.R. v. State

Court: Fla. | Date Filed: 2012-08-30T00:00:00-07:00

Citation: 99 So. 3d 427

Snippet: adjudication of J.R.’s delinquency under section 810.097(2), Florida Statutes (2008), for trespass on school…could be found guilty of trespass under section 810.097(2) absent evidence that the individual who had …elements of the trespass offense set forth in section 810.097(2). We therefore accepted jurisdiction over the…are essential elements of trespass under section 810.097(2). D.J. II, 67 So.3d at 1030. We concluded that… in adjudicating J.R. delinquent under section 810.097(2). Accordingly, we quash the Third District’s

J.A.M. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-12-07T00:00:00-08:00

Citation: 75 So. 3d 816

Snippet: trespass on school property in violation of section 810.097(1), Florida Statutes (2009). Under this statute… and who enters or remains upon the campus.” § 810.097(l)(b). In his testimony, the assistant principal

JAM v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-12-06T23:53:00-08:00

Citation: 75 So. 3d 816

Snippet: trespass on school property in violation of section 810.097(1), Florida Statutes (2009). Under this statute…who enters or remains upon the campus." § 810.097(1)(b). In his testimony, the assistant principal

Frye v. IRONSTONE BANK

Court: Fla. Dist. Ct. App. | Date Filed: 2011-09-21T00:00:00-07:00

Citation: 69 So. 3d 1046

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

BC v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-07-18T00:53:00-07:00

Citation: 70 So. 3d 666

Snippet: principal or his/her designee under Section 810.097(2) Section 810.097(2) defines the offense of trespass on…trespass on school grounds pursuant to section 810.097(2), Florida Statutes (2010). Defendant argues the…Because this was a necessary element of section 810.097(2), we reverse. Facts At trial, the State presented…offered insufficient evidence to establish section 810.097(2) as it did not show LaForte was a designee of…law to establish this needed element of section 810.097(2). The lack of evidence establishing the offense

B.C. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-07-18T00:00:00-07:00

Citation: 70 So. 3d 666

DJ v. State

Court: Fla. | Date Filed: 2011-07-07T00:53:00-07:00

Citation: 67 So. 3d 1029

Snippet: grounds of a school facility in violation of section 810.097(2), Florida Statutes (2009). We granted review …charging the petitioner with a violation of section 810.097(2), Florida Statutes (2009). The statute provides…punishable as provided in s. 775.082 or s. 775.083. § 810.097(2), Fla. Stat. At a bench trial on the petition… Specifically, the defense argued that section 810.097(2) requires the State to prove, as an essential…of Dye as well as the clear language of section 810.097(2), we find that the Third District's conclusion

D.J. v. State

Court: Fla. | Date Filed: 2011-07-07T00:00:00-07:00

Citation: 67 So. 3d 1029

As v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-06-10T00:53:00-07:00

Citation: 62 So. 3d 695

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