Fla. Stat. » 810

810.0975

School safety zones; definition; trespass prohibited; penalty.

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810.0975 School safety zones; definition; trespass prohibited; penalty.—
(1) For the purposes of this section, the term “school safety zone” means in, on, or within 500 feet of any real property owned by or leased to any public or private elementary, middle, or high school or school board and used for elementary, middle, or high school education.
(2)(a) Each principal or designee of each public or private school in this state shall notify the appropriate law enforcement agency to prohibit any person from loitering in the school safety zone who does not have legitimate business in the school safety zone or any other authorization, or license to enter or remain in the school safety zone or does not otherwise have invitee status in the designated safety zone.
(b)1. During the period from 1 hour prior to the start of a school session until 1 hour after the conclusion of a school session, it is unlawful for any person to enter the premises or trespass within a school safety zone or to remain on such premises or within such school safety zone when that person does not have legitimate business in the school safety zone or any other authorization, license, or invitation to enter or remain in the school safety zone.
2.a. Except as provided in sub-subparagraph b., a person who violates this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
b. A person who violates this subsection and who has been previously convicted of any offense contained in chapter 874 commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(c)1. Except as provided in subparagraph 2., a person who does not have legitimate business in the school safety zone or any other authorization, license, or invitation to enter or remain in the school safety zone who shall willfully fail to remove himself or herself from the school safety zone after the principal or designee, having a reasonable belief that he or she will commit a crime or is engaged in harassment or intimidation of students entering or leaving school property, requests him or her to leave the school safety zone commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
2. A person who violates subparagraph 1. and who has been previously convicted of any offense contained in chapter 874 commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(3) This section does not abridge or infringe upon the right of any person to peaceably assemble and protest.
(4) This section does not apply to residents or persons engaged in the operation of a licensed commercial business within the school safety zone.
History.—s. 1, ch. 2002-192; s. 1, ch. 2013-80.
Notes of Decisions
Cited in 9 cases (3 in the last 5 years), 2007–2026 · leading case: State of Florida v. Ricky Alphonso Rand
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State of Florida v. Ricky Alphonso Rand (2017) fladistctapp · cites it 8× “” § 810.0975(1), Fla. Stat. (2014). Criminal trespass occurs when someone is on school grounds without “legitimate business on the campus or any other authorization, license, or invitation to enter or remain upon school property.”
J.L.S. v. State (2007) fladistctapp · cites it 14× “was arrested and a petition of delinquency was filed charging him with one count of trespass within a school safety zone in violation of Section 810.0975(2), Florida Statutes and one count of resisting arrest without violence in violation of Section 843.”
Greater Birmingham Ministries v. Merrill (2017) alnd “Sheriff Roth disavows any knowledge concerning policy making within the Monroe County Sheriffs Office and its enforcement and interpretation of F.S.A. § 810.0975. However, given Sheriff Roth’s executive oversight and high level leadership and command responsibility over the…”
Gray v. Kohl (2008) flsd · cites it 12× “§ 810.0975, Fla. Stat. Gray claims the statute is unconstitutional for vagueness and overbreadth.”
JLS v. State (2007) fladistctapp · cites it 14× “was arrested and a petition of delinquency was filed charging him with one count of trespass within a school safety zone in violation of Section 810.0975(2), Florida Statutes and one count of resisting arrest without violence in violation of Section 843.”
Andrew Bryant Sheets v. Michael Kyle Martin and Lauren Hertz (2025) flmd · cites it 13× “He hands Plaintiff a copy of Fla. Stat. § 810.0975.5 He then informs Plaintiff that he is in a school safety zone (as defined in the statute).”
D.M.T., A JUVENILE v. THE STATE OF FLORIDA (2023) fladistctapp · cites it 9× “was arrested and a petition of delinquency was filed charging him with one count of trespass within a school safety zone in violation of Section 810.0975(2), Florida Statutes . .”
Andrew Bryant Sheets v. Michael Kyle Martin and Lauren Hertz (2026) flmd · cites it 6× “of Fla. Stat. § 810.0975.3 He then informed Plaintiff that he was in a school safety zone (as defined in the statute).”
State of Florida v. Ricky Alphonso Rand (2016) fladistctapp · cites it 4× “” § 810.0975(1), Fla. Stat. (2014). Criminal trespass occurs when someone is on school grounds without “legitimate business on the campus or any other authorization, license, or invitation to enter or remain upon school property.”
— 810.0975(1) — 3 cases
State of Florida v. Ricky Alphonso Rand (2017) fladistctapp “” § 810.0975(1), Fla. Stat. (2014). Criminal trespass occurs when someone is on school grounds without “legitimate business on the campus or any other authorization, license, or invitation to enter or remain upon school property.”
Gray v. Kohl (2008) flsd “§ 810.0975, Fla. Stat. Gray claims the statute is unconstitutional for vagueness and overbreadth.”
State of Florida v. Ricky Alphonso Rand (2016) fladistctapp “” § 810.0975(1), Fla. Stat. (2014). Criminal trespass occurs when someone is on school grounds without “legitimate business on the campus or any other authorization, license, or invitation to enter or remain upon school property.”
— 810.0975(2) — 4 cases
J.L.S. v. State (2007) fladistctapp “was arrested and a petition of delinquency was filed charging him with one count of trespass within a school safety zone in violation of Section 810.0975(2), Florida Statutes and one count of resisting arrest without violence in violation of Section 843.”
Gray v. Kohl (2008) flsd “§ 810.0975, Fla. Stat. Gray claims the statute is unconstitutional for vagueness and overbreadth.”
JLS v. State (2007) fladistctapp “was arrested and a petition of delinquency was filed charging him with one count of trespass within a school safety zone in violation of Section 810.0975(2), Florida Statutes and one count of resisting arrest without violence in violation of Section 843.”
D.M.T., A JUVENILE v. THE STATE OF FLORIDA (2023) fladistctapp “was arrested and a petition of delinquency was filed charging him with one count of trespass within a school safety zone in violation of Section 810.0975(2), Florida Statutes . .”
— 810.0975(2)(a) — 2 cases
State of Florida v. Ricky Alphonso Rand (2017) fladistctapp “” § 810.0975(1), Fla. Stat. (2014). Criminal trespass occurs when someone is on school grounds without “legitimate business on the campus or any other authorization, license, or invitation to enter or remain upon school property.”
State of Florida v. Ricky Alphonso Rand (2016) fladistctapp “” § 810.0975(1), Fla. Stat. (2014). Criminal trespass occurs when someone is on school grounds without “legitimate business on the campus or any other authorization, license, or invitation to enter or remain upon school property.”
— 810.0975(2)(b) — 4 cases
J.L.S. v. State (2007) fladistctapp “was arrested and a petition of delinquency was filed charging him with one count of trespass within a school safety zone in violation of Section 810.0975(2), Florida Statutes and one count of resisting arrest without violence in violation of Section 843.”
JLS v. State (2007) fladistctapp “was arrested and a petition of delinquency was filed charging him with one count of trespass within a school safety zone in violation of Section 810.0975(2), Florida Statutes and one count of resisting arrest without violence in violation of Section 843.”
D.M.T., A JUVENILE v. THE STATE OF FLORIDA (2023) fladistctapp “was arrested and a petition of delinquency was filed charging him with one count of trespass within a school safety zone in violation of Section 810.0975(2), Florida Statutes . .”
Gray v. Kohl (2008) flsd “§ 810.0975, Fla. Stat. Gray claims the statute is unconstitutional for vagueness and overbreadth.”
— 810.0975(2)(e) — 1 case
Gray v. Kohl (2008) flsd “§ 810.0975, Fla. Stat. Gray claims the statute is unconstitutional for vagueness and overbreadth.”
— 810.0975(3) — 3 cases
J.L.S. v. State (2007) fladistctapp “was arrested and a petition of delinquency was filed charging him with one count of trespass within a school safety zone in violation of Section 810.0975(2), Florida Statutes and one count of resisting arrest without violence in violation of Section 843.”
JLS v. State (2007) fladistctapp “was arrested and a petition of delinquency was filed charging him with one count of trespass within a school safety zone in violation of Section 810.0975(2), Florida Statutes and one count of resisting arrest without violence in violation of Section 843.”
Andrew Bryant Sheets v. Michael Kyle Martin and Lauren Hertz (2025) flmd “He hands Plaintiff a copy of Fla. Stat. § 810.0975.5 He then informs Plaintiff that he is in a school safety zone (as defined in the statute).”
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