Florida Statute 856.021 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 856
DRUNKENNESS; OPEN HOUSE PARTIES; LOITERING; PROWLING; DESERTION

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F.S. 856.021

856.021 Loitering or prowling; penalty.—

(1) It is unlawful for any person to loiter or prowl in a place, at a time or in a manner not usual for law-abiding individuals, under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.

(2) Among the circumstances which may be considered in determining whether such alarm or immediate concern is warranted is the fact that the person takes flight upon appearance of a law enforcement officer, refuses to identify himself or herself, or manifestly endeavors to conceal himself or herself or any object. Unless flight by the person or other circumstance makes it impracticable, a law enforcement officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm or immediate concern which would otherwise be warranted by requesting the person to identify himself or herself and explain his or her presence and conduct. No person shall be convicted of an offense under this section if the law enforcement officer did not comply with this procedure or if it appears at trial that the explanation given by the person is true and, if believed by the officer at the time, would have dispelled the alarm or immediate concern.

(3) Any person violating the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.—s. 1, ch. 72-133; s. 1384, ch. 97-102.

F.S. 856.021 on Google Scholar

F.S. 856.021 on Casetext

Amendments to 856.021

Arrestable Offenses / Crimes under Fla. Stat. 856.021

Level: Degree
Misdemeanor/Felony: First/Second/Third

S856.021 - LOITERING - OR PROWLING - M: S

Annotations, Discussions, Cases:

Cases Citing Statute 856.021

Total Results: 20

R.A., A JUVENILE v. THE STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-02-07T23:53:00-08:00

Snippet: loitering or prowling, 5 as defined in section 856.021, Florida Statutes: (1) It is unlawful for…) (explaining elements and function of section 856.021, including how “the harm to be prevented by this

LU JING v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2021-04-28T00:53:00-07:00

Snippet: during his investigatory stop pursuant to section 856.021(2), Florida Statutes, which required him to afford… her presence and conduct at Mar-a-Lago. See § 856.021(2), Fla. Stat. (2019) (when investigating a loitering

D.M.B., A CHILD v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-07-11T00:53:00-07:00

Snippet: petition with loitering or prowling under section 856.021, Florida Statutes (2016). In the affidavit of violation…So. 3d 101, 104 (Fla. 4th DCA 2013) (quoting § 856.021, Fla. Stat. (2011)). Both elements must be committed

I.G. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-04-18T00:53:00-07:00

Snippet: probation for loitering and prowling, under sections 856.021 and 777.011, Florida Statutes (2016). We affirm…pulling on door handles in violation of sections 856.021 and 777.011, Florida Statutes (2016). After…asking what he was doing, as required by section 856.021. The State contends that I.G. was not under arrest…most favorable to the state.” Id. Section 856.021 provides, in pertinent part, the following: …persons or property in the vicinity.” § 856.021, Fla. Stat. (2016). (2) Among the circumstances

I.G. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-04-18T00:00:00-07:00

Citation: 245 So. 3d 897

Snippet: probation for loitering and prowling, under sections 856.021 and 777.011, Florida Statutes (2016). We affirm…pulling on door handles in violation of sections 856.021 and 777.011, Florida Statutes (2016). After the…asking what he was doing, as required by section 856.021. The State contends that I.G. was not under arrest…most favorable to the state." Id. Section 856.021 provides, in pertinent part, the following: (1)…of persons or property in the vicinity." § 856.021, Fla. Stat. (2016). (2) Among the circumstances

Adam Acevedo v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-07-08T00:00:00-07:00

Citation: 200 So. 3d 196

Snippet: crime of loitering and prowling. Section 856.021, Florida Statutes (2014), provides: (1) It… Id. at 110. The elements of section 856.021 render it a “forward-looking” statute. V.…stated in Ecker, the purpose of section 856.021 is to provide law enforcement officers with a specific…house to her property litie. 2 . § 856.021, Fla. Stat. (2014). 5D15-931 District

D. J. E., A Child v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2015-10-20T00:00:00-07:00

Citation: 178 So. 3d 78

Snippet: To prove loitering and prowling under section 856.021, Florida Statutes, the State must show: 1) the …adjudication for loitering and prowling under section 856.021, Florida Statutes. Because the State failed

Geoffrey Madge v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-03-04T00:00:00-08:00

Citation: 160 So. 3d 86

Snippet: Florida’s loitering and prowling statute, section 856.021-, Florida Statutes (2012), 2 provides… misdemeanor of the second degree.... § 856.021, Fla. Stat. (2012). 4D13-110 District

Ellis v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-02-11T00:00:00-08:00

Citation: 157 So. 3d 467

Snippet: The crime of loitering or prowling under section 856.021(1), Florida Statutes (2012), has the following

Perez-Tejon v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-10-01T00:00:00-07:00

Citation: 147 So. 3d 1094

Snippet: of an illegal search and seizure. Section 856.021 of the Florida Statutes (2007), the loitering or…775.083. The case law interpreting section 856.021 has found that the State must prove two elements…persons or property. Id.; see also § 856.021(1). The officer must articulate specific facts …and are even specifically mentioned in section 856.021(2). Finally, when Officer Cabrera asked the defendant

J.S., a Child v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-09-10T00:00:00-07:00

Citation: 147 So. 3d 608

Snippet: So.3d 101, 104 (Fla. 4th DCA 2013) (quoting § 856.021, Fla. Stat. (2011)). The first element is

McClamma v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-05-09T00:00:00-07:00

Citation: 138 So. 3d 578

Snippet: for person or property in the vicinity. See § 856.021, Fla. Stat. (2011). This conduct must occur in …have dispelled the alarm or immediate concern. § 856.021. Subsection (1) of the statutes creates the substantive…for a Terry stop for some other offense. Section 856.021(1) requires the defendant to commit conduct that…concern which would otherwise be warranted.” § 856.021(2). As explained earlier, the supreme court has…jeopardize the safety of person or property. See § 856.021(2). It is far from clear in this case that Mr.

R.R. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-04-09T00:00:00-07:00

Citation: 137 So. 3d 535, 2014 WL 1373814, 2014 Fla. App. LEXIS 5154

Snippet: safety of persons or property in the vicinity.” § 856.021(1), Fla. Stat. (2012). See also C.H.S. v. State

C.C. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-03-26T00:00:00-07:00

Citation: 137 So. 3d 466

Snippet: vicinity.’ ” E.F., 110 So.3d at 104 (quoting § 856.021, Fla. Stat. (2011)). Both elements of the offense…alarm or immediate concern element.”) (quoting § 856.021(2), Fla. Stat. (2012)) (emphasis added). In light

W.D. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-02-05T00:00:00-08:00

Citation: 132 So. 3d 871

Snippet: So.3d at 1265; P.R., 97 So.3d at 982. Section 856.021, Florida Statutes (2010), defines loitering and

Wright v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-11-13T00:00:00-08:00

Citation: 126 So. 3d 420

Snippet: novo review of the issues of law. Id. Section 856.021(1), Florida Statutes (2009), makes it “unlawful…safety of persons or property in the vicinity.” § 856.021(1), Fla. Stat. (2009). The suspect must be given

M.J. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-09-18T00:00:00-07:00

Citation: 121 So. 3d 1151

Snippet: arrest M.J. for loitering and prowling. Section 856.021, Florida Statutes (2012), provides: “It is unlawful…safety of persons or property in the vicinity.” § 856.021(1), Fla. Stat. (2012). When a person takes “flight…determining the alarm or immediate concern element. § 856.021(2), *1155Fla. Stat. (2012). Prior to arrest, a …property in the vicinity.’” Id. at 983 (quoting § 856.021(1), Fla. Stat. (2010)). In P.R., we explained:

Jones v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-06-26T00:00:00-07:00

Citation: 117 So. 3d 818

Snippet: Carter, 835 So.2d 259, 262 (Fla.2002). Section 856.021(1), Florida Statutes (2010), makes it “unlawful…safety of persons or property in the vicinity.” § 856.021(1), Fla. Stat. (2010). As to this element, “there

S.K.W. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-05-17T00:00:00-07:00

Citation: 112 So. 3d 775

Snippet: of probation for loitering or prowling. See § 856.021(1), Fla. Stat. (2011). Because the evidence is …the girls for loitering or prowling. *777Section 856.021(1) defines loitering or prowling as follows: It

E.F. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-03-20T00:00:00-07:00

Citation: 110 So. 3d 101

Snippet: elements of the crime as set forth in section 856.021, Florida Statutes (2011). The court denied that…of persons or property in the vicinity.” See § 856.021, Fla. Stat. (2011); see also J.M.C. v. State, 956…conceal himself or an object.” Id.-, see also § 856.021(2), Fla. Stat. (2011). Here, because both elements