The 2023 Florida Statutes (including Special Session C)
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. . . In April 2016, appellant was charged by petition with loitering or prowling under section 856.021, Florida . . . State , 110 So.3d 101, 104 (Fla. 4th DCA 2013) (quoting § 856.021, Fla. Stat. (2011) ). . . .
. . . adjudication of delinquency and placing I.G. on probation for loitering and prowling, under sections 856.021 . . . for his actions of looking into parked vehicles and pulling on door handles in violation of sections 856.021 . . . him without first inquiring as to his identity or asking what he was doing, as required by section 856.021 . . . Section 856.021 provides, in pertinent part, the following: (1) It is unlawful for any person to loiter . . . As such, Detective Mata's actions were consistent with the purpose and intent of section 856.021. . . .
. . . Section 856.021, Florida Statutes (2014), provides: (1) It is unlawful for any person to loiter or prowl . . . The elements of section 856.021 render it a “forward-looking” statute. V.E. v. . . . As the Florida Supreme Court stated in Ecker, the purpose of section 856.021 is to provide law enforcement . . . violation of probation hearing as to the distance from Baillergeon’s house to her property litie. . § 856.021 . . .
. . . declaratory judgment against both Defendants that sections 810.06 (possession of burglary tools) and 856.021 . . . Stat. § 856.021. . . .
. . . . § 856.021(1). . . .
. . . . §§ 856.021(2), 901.151(2); Ga.Code Ann. § 16-ll-36(b); Ind.Code § 34-28-5-3.5 (a stopped suspect must . . .
. . . To prove loitering and prowling under section 856.021, Florida Statutes, the State must show: 1) the . . . Accordingly, the evidence did not support án adjudication for loitering and prowling under section 856.021 . . .
. . . Some history regarding Florida’s loitering and prowling statute, section 856.021-, Florida Statutes ( . . . violating the provisions of this section shall be guilty of a misdemeanor of the second degree.... § 856.021 . . .
. . . The crime of loitering or prowling under section 856.021(1), Florida Statutes (2012), has the following . . .
. . . Section 856.021 of the Florida Statutes (2007), the loitering or prowling statute, provides as follows . . . The case law interpreting section 856.021 has found that the State must prove two elements to support . . . Id.; see also § 856.021(1). . . . textbook examples of the “alarm” required in the statute, and are even specifically mentioned in section 856.021 . . .
. . . State, 110 So.3d 101, 104 (Fla. 4th DCA 2013) (quoting § 856.021, Fla. Stat. (2011)). . . .
. . . See § 856.021, Fla. Stat. (2011). . . . and, if believed by the officer at the time, would have dispelled the alarm or immediate concern. § 856.021 . . . Section 856.021(1) requires the defendant to commit conduct that “warrantfs] a justifiable and reasonable . . . to give a statement to “dispel any alarm or immediate concern which would otherwise be warranted.” § 856.021 . . . See § 856.021(2). It is far from clear in this case that Mr. . . .
. . . .” § 856.021(1), Fla. Stat. (2012). See also C.H.S. v. . . .
. . . concern for the safety of persons or property in the vicinity.’ ” E.F., 110 So.3d at 104 (quoting § 856.021 . . . (quoting § 856.021(2), Fla. Stat. (2012)) (emphasis added). . . .
. . . . §§ 848.02, 856.021. Detective Sealy then searched Torres-Bonilla. . . . Moreover, there was probable cause to arrest Torres-Bonilla under section 856.021, Florida Statutes, . . . Stat. § 856.021(1). . . . Stat. § 856.021(1); Ecker, 311 So.2d at 106. . . . Stat. § 856.021(1), Watts, 463 So.2d at 207; Ecker, 311 So.2d at 106. . . .
. . . Section 856.021, Florida Statutes (2010), defines loitering and prowling. . . .
. . . Section 856.021(1), Florida Statutes (2009), makes it “unlawful for any person to loiter or prowl in . . . and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.” § 856.021 . . .
. . . Section 856.021, Florida Statutes (2012), provides: “It is unlawful for any person to loiter or prowl . . . and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.” § 856.021 . . . ” this is a circumstance for consideration in determining the alarm or immediate concern element. § 856.021 . . . Id. at 983 (quoting § 856.021(1), Fla. Stat. (2010)). . . .
. . . Section 856.021(1), Florida Statutes (2010), makes it “unlawful for any person to loiter or prowl in . . . and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.” § 856.021 . . .
. . . See § 856.021(1), Fla. Stat. (2011). . . . Section 856.021(1) defines loitering or prowling as follows: It is unlawful for any person to loiter . . .
. . . present evidence sufficient to prove either of the two elements of the crime as set forth in section 856.021 . . . See § 856.021, Fla. Stat. (2011); see also J.M.C. v. . . . Id.-, see also § 856.021(2), Fla. Stat. (2011). . . .
. . . adjudication of delinquency and final disposition of a loitering and prowling charge under section 856.021 . . . Section 856.021, Florida Statutes (2010), provides that “[i]t is unlawful for any person to loiter or . . . and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.” § 856.021 . . . See §§ 856.021(1) & 856.021(2), Fla. Stat.; see also A.L. v. . . . E.C., 724 So.2d at 1244; see also § 856.021(2). . . .
. . . .” § 856.021(1), Fla. Stat. (2010); Hollingsworth v. State, 991 So.2d 990, 992 (Fla. 4th DCA 2008). . . . and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.” § 856.021 . . . identify himself or herself, or manifestly endeavors to conceal himself or herself or any object.” § 856.021 . . .
. . . See § 856.021(1), Fla. Stat. (2010); State v. Ecker, 311 So.2d 104, 110 (Fla.1975). . . . CONCLUSION Because neither element necessary to establish a crime under section 856.021(1), Florida Statutes . . .
. . . holding that A.M.O.’s conviction cannot stand based on the application of the last sentence of section 856.021 . . . When the State rested, A.M.O. moved for a judgment of dismissal, arguing that according to section 856.021 . . . was not asked to identify himself, only why he was wearing the mask on his head, contrary to section 856.021 . . . Section 856.021 provides: 856.021. . . .
. . . . § 856.021.” (R.3-59 at 12.) . . .
. . . See § 856.021, Fla. Stat. (2008). There are two elements to the crime of loitering and prowling. . . .
. . . Section 856.021, Florida Statutes (2008), outlaws loitering or prowling: (1) It is unlawful for any person . . . loitering or prowling “in a place, at a time or in a manner not usual for law-abiding individuals....” § 856.021 . . . justifiable and reasonable alarm or immediate concern for the safety of persons or property....” § 856.021 . . . , refusal to identify himself, or “manifest[ ] endeavor[ ] to conceal himself ... or any object.” § 856.021 . . . for that instead of loitering or prowling)); see also Ecker, 311 So.2d at 111 (“The use of Section 856.021 . . .
. . . Section 856.021, Florida Statutes, provides, in relevant part: (1) It is unlawful for any person to loiter . . . requesting the person to identify himself or herself and explain his or her presence and conduct. § 856.021 . . .
. . . Section 856.021(1), Florida Statutes (2008), provides, “It is unlawful for any person to loiter or prowl . . . requesting the person to identify himself or herself and explain his or her presence and conduct.” § 856.021 . . .
. . . . § 856.021(2), and possession of burglary tools, Fla. Stat. § 810.06. . . .
. . . the elements of loitering and prowling: To prove a charge of loitering and prowling, under section 856.021 . . .
. . . According to section 856.021(1), Florida Statutes (2004), the elements of loitering and prowling are: . . .
. . . the front porch of KH.’s house, and arrested him for loitering and prowling in violation of section 856.021 . . .
. . . . § 856.021, Fla. Stat. (2007); C.H.S. v. State, 795 So.2d 1087, 1090 (Fla. 2d DCA 2001). . . .
. . . . § 856.021(1), Fla. Stat. (2004). See also State v. . . . See § 856.021(2) Fla. Stat. (2004). . . .
. . . Hollingsworth of loitering and prowling in violation of section 856.021, Florida Statutes (2004). . . . .” § 856.021(1), Fla. Stat. (2004). . . . State, 951 So.2d 100, 102 (Fla. 4th DCA 2007) (citing § 856.021(2), Fla. Stat. (2004)). . . .
. . . As mentioned above, we limit our discussion to Stephens’s conviction for loitering and prowling, § 856.021 . . .
. . . State, 749 So.2d 548, 549 (Fla. 2d DCA 2000) (quoting § 856.021, Fla. Stat. (1995)). . . .
. . . . § 856.021, Fla. Stat. (2007). . . .
. . . The offense of loitering or prowling is defined under section 856.021, Florida Statutes (2005): (1) It . . . and reasonable alarm or immediate concern for the safety of persons or property in the vicinity. § 856.021 . . .
. . . his observations, the officer suspected Mitchell of loitering and prowling in violation of section 856.021 . . . State, 951 So.2d 100 (Fla. 4th DCA 2007) (citing § 856.021(1), Fla. Stat. (2005)). . . . (citations omitted); see also § 856.021(2), Fla. Stat. (2005). . . .
. . . B.J. appeals his adjudication of delinquency for loitering and prowling in violation of section 856.021 . . . and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.” § 856.021 . . .
. . . otherwise be warranted by his presence near the 7-Eleven, which he claimed was required by section 856.021 . . . Section 856.021(2) provides: (1) It is unlawful for any person to loiter or prowl in a place, at a time . . .
. . . Here, Bowser was allegedly loitering and prowling in violation of section 856.021, Florida Statutes ( . . . Section 856.021(1) makes it unlawful “to loiter or prowl in a place, at a time or in a manner not usual . . .
. . . 5 of his probation by committing a new offense on June 21, 2004 — prowling, a violation of section 856.021 . . .
. . . Loitering and Prowling Section 856.021, Florida Statutes (2003), makes it unlawful “to loiter or prowl . . .
. . . adjudication but finding he had committed the delinquent act of loitering and prowling under section 856.021 . . .
. . . . § 856.021(1), Fla. Stat. (2004); Grant v. . . .
. . . ." § 856.021(1), Fla. Stat. (2004). . . .
. . . See 856.021(2), Fla. Stat. (2004). . . .
. . . Loitering and prowling under section 856.021(1), Florida Statutes (2002) involves conduct that occurs . . .
. . . .2d 1340 (Fla. 2d DCA 1996), a case which recognizes that the loitering and prowling statute, section 856.021 . . .
. . . . §856.021(2) (2003); Ga. Code Ann. §16-11-36(b) (2003); Ill. Comp. . . .
. . . Section 856.021, Florida Statutes (2002), provides: (1) It is unlawful for any person to loiter or prowl . . . Section 856.021(2) specifically provides that endeavors to conceal oneself or any object are circumstances . . . State, 795 So.2d 1087, 1090 (Fla. 2d DCA 2001) (noting “[a]larm is presumed under [856.021] if the defendant . . .
. . . See § 856.021(1), Fla. Stat. (2000); see also Von Goff v. . . .
. . . . § 856.021(1). Franklin’s behavior at the time of the incident did not meet these requirements. . . . Stat. § 856.021, provides as follows: Loitering or prowling; penalty. (1) It is unlawful for any person . . . . § 856.021 (2000). . . . Ann. § 856.021(2). . . .
. . . afternoon, was insufficient to establish the elements of loitering and prowling as required by section 856.021 . . . . § 856.021, Fla. Stat. (2001) (emphasis added). . . .
. . . Ecker, 311 So.2d 104, 106 (Fla.1975)); § 856.021, Fla. Stat. (2002). . . . There is no evidence that Gonzalez fled the area "upon appearance of a law enforcement officer." § 856.021 . . .
. . . a juvenile, appeals from a finding of guilt for the offense of loitering and prowling under section 856.021 . . . Under section 856.021(1), Florida Statutes (2001), the offense of loitering and prowling has two distinct . . .
. . . . § 856.021, Fla. Stat. .§ 843.02, Fla. Stat. . See State v. . . .
. . . . § 856.021, Fla. Stat. (1999). . . .
. . . .” § 856.021, Fla. Stat. (1997); see J.S.B. v. State, 729 So.2d 456, 457 (Fla. 2d DCA 1999). . . . .” § 856.021, Fla.Stat. (2000); see also State v. Ecker, 311 So.2d 104, 106 (Fla.1975). . . .
. . . . § 856.021); evidence seized from Gordon’s car at the time of that arrest gave rise to the robbery-related . . . Stat. § 856.021(1). . . . Id. § 856.021(2). . . .
. . . R.M. appeals his conviction for loitering and prowling in violation of section 856.021, Florida Statutes . . .
. . . See section 856.021, Fla. Stat. (1999). . . .
. . . facts showing either an imminent breach of peace or threat to public safety as required by section 856.021 . . . and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.” § 856.021 . . .
. . . See § 856.021(2), Fla. Stat. (1997). . . .
. . . Therefore, the State failed to establish a prima facie case under section 856.021, Florida Statutes ( . . .
. . . To prove a charge of loitering and prowling, under section 856.021, Florida Statutes, the state must . . .
. . . . § 856.021, Fla. Stat. (1995). . . . .
. . . Section 856.021, Florida Statutes, makes it illegal “for any person to loiter or prowl in a place, at . . .
. . . . § 856.021(2). I would hold that a brief stop is authorized under these circumstances. . . .
. . . In Ecker, while addressing the constitutionality of the loitering and prowling statute, see section 856.021 . . .
. . . Wilkinson arrested R.S. for loitering or prowling pursuant to section 856.021, Florida Statutes (1995 . . .
. . . :00 p.m. the defendants were placed under arrest for loitering and prowling in violation of section 856.021 . . . Section 856.021, Florida Statutes, defines the offense as follows: “It is unlawful for any person to . . . Id. § 856.021(1). . . . to stress that the circumstances inferred from this record would constitute a violation of Section 856.021 . . .
. . . Section 856.021, Florida Statutes (1995). . . .
. . . See § 856.021, Fla. Stat.; State v. Ecker. . . . See § 856.021(2), Fla. Stat. . . . J., and DAUKSCH, J., concur. ' . § 856.021, Fla. Stat. (1995). . § 843.02, Fla. Stat. (1995). . . . To prove a charge of loitering and prowling under section 856.021, the state must show (1) that the defendant . . . I note further that section 856.021 reaches the outer limits of constitutionality and that it should . . .
. . . See § 856.021, Fla. Stat. (1995). . . . If the officers’ investigation “dispel[led] any alarm or immediate concern,” § 856.021(2), before the . . . of a law enforcement officer is a statutory factor supporting an investigatory stop for loitering. § 856.021 . . .
. . . ), the supreme court addressed the constitutionality of the loitering and prowling statute, section 856.021 . . . State, 573 So.2d 148 (Fla. 2d DCA 1991) (section 856.021 does not proscribe particular conduct, so it . . .
. . . ground there was no imminent breach of the peace or threat to public safety as required by section 856.021 . . .
. . . appellant violated his community control by committing the offense of loitering and prowling, section 856.021 . . .
. . . Although Coron did not involve section 316.1932, Florida Statutes (1993), it did involve section 856.021 . . .
. . . 1994, a petition charged the juvenile appellant with loitering and prowling, in violation of section 856.021 . . . These circumstances show that the police did not comply with subsection (2) of section 856.021 which . . .
. . . Section 856.021(1), Florida Statutes (1993), prohibits any person from loitering or prowling in a time . . .
. . . Appellant was charged not with a drug offense, but only with loitering and prowling under section 856.021 . . . and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.” § 856.021 . . . proof, required for conviction of the statutory offense, that the officer complied with the section 856.021 . . . State, 440 So.2d 601 (Fla. 3d DCA 1983); § 856.021(2), Fla.Stat. (1993). . . .
. . . C.D.B. was adjudicated delinquent for loitering or prowling, in violation of section 856.021, Florida . . . C.D.B. was accused of violating section 856.021, Florida Statutes (1993), which provides: (1) It is unlawful . . . and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.” § 856.021 . . . business hours and after the Crab Pot's burglary alarm activated contrary to the provisions of Section 856.021 . . .
. . . At the trial on the amended petition of delinquency charging R.D.W. with violating section 856.021, Florida . . . Section 856.021(1) provides that: [i]t is unlawful for any person to loiter or prowl in a place, at a . . .
. . . Section 856.021(1), Florida Statutes (1993) makes it unlawful for any person to loiter or prowl in a . . .
. . . guilty to possession of cocaine and to loitering and prowling, in violation of sections 893.13 and 856.021 . . . A loitering and prowling conviction under section 856.021 requires proof that the defendant was loitering . . . Furthermore, the defendant was given an opportunity to dispel the deputies alarm as required by section 856.021 . . .
. . . delinquency was filed against the appellant charging him with loitering and prowling, in violation of section 856.021 . . . In order to sustain a conviction for loitering and prowling under section 856.021, there must be proof . . .
. . . delinquent upon finding he had committed the offense of loitering and prowling, in violation of section 856.021 . . . Under section 856.021(1) and E.B. v. . . . officer appears, the defendant flees, conceals himself or any object, or refuses to identify himself. § 856.021 . . .
. . . which defendant was charged with, among other things, loitering and prowling in violation of section 856.021 . . .
. . . Section 856.021, Fla.Stat. (1991). . . .
. . . Section 856.021, Fla.Stat. (1973). . . . for greater punishment than that provided for the same offense under the loitering statute, section 856.021 . . . Florida’s loitering statute, section 856.021, Florida Statutes (1987), and its prostitution and solicitation . . . Sections 856.021(3), 796.07(5), 775.-082(4)(b), Fla.Stat. (1987). . . .
. . . prohibiting being in the park after hours); for loitering and prowling in violation of Florida Statutes § 856.021 . . .
. . . based on Griffin’s arrest for the misdemeanor offense of loitering and prowling, contrary to section 856.021 . . . warranting a justifiable and reasonable alarm or immediate concern for the safety of' person or property. § 856.021 . . . enforcement officer, refusal to identify oneself, or a manifest endeavor to conceal oneself or an object. § 856.021 . . .
. . . However, we hold that ground number three, unlawful loitering or prowling in violation of section 856.021 . . .
. . . We begin our analysis with a consideration of Florida’s loitering and prowling statute, section 856.021 . . . The Florida Supreme Court considered section 856.021 in State v. . . . States Supreme Court issued its opinion in Kolender, the Florida Supreme Court reconsidered section 856.021 . . .