Florida Statutes

Fla. Stat. § 856.021 (2025)

Loitering or prowling; penalty.

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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.

Arrestable Offenses under F.S. 856.021

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

§856.021LOITERINGLOITER/PROWL IN UNSUAL PLACE OR MANNERM · 2nd

Notes of Decisions

Cited in 223 cases (12 in the last 5 years), 1973–2025 · leading case: State v. Ecker, 311 So. 2d 104 (Fla. 1975).

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State v. Ecker, 311 So. 2d 104 (Fla. 1975). · cites it 22× “This decision concerns the constitutionality of this state's "loitering" statute, Section 856.021, Florida Statutes (1973).”

Watts v. State, 463 So. 2d 205 (Fla. 1985). · cites it 19× “2d DCA 1983), which expressly declared valid Florida's loitering and prowling statute, section 856.021, Florida Statutes (1981).”

Hiibel v. Sixth Jud. Dist. Court of Nev., Humboldt Cty., 542 U.S. 177 (2004). · cites it 2× “11, §§ 1902(a), 1321(6) (2003); Fla. Stat. § 856.021 (2) (2003); Ga. Code Ann.”

United States v. Lewis Franklin, 323 F.3d 1298 (11th Cir. 2003). · cites it 4× “” Fla. Stat. Ann. § 856.021 (2000). In addition the statute lists flight “upon appearance of a law enforcement officer” as one of the "circumstances which may be considered in determining whethér such alarm or immediate concern is warranted.”

Wyche v. State, 619 So. 2d 231 (Fla. 1993). · cites it 5× “Florida's loitering statute, section 856.021, Florida Statutes (1987), and its prostitution and solicitation statute, section 796.”

M.R. v. State, 101 So. 3d 389 (Fla. 3d DCA 2012). · cites it 12× “appeals the adjudication of delinquency and final disposition of a loitering and prowling charge under section 856.021, Florida Statutes (2010), following an adjudicatory hearing.”

State v. Cortez, 705 So. 2d 676 (Fla. 3d DCA 1998). · cites it 7× “the defendants were placed under arrest for loitering and prowling in violation of section 856.021, Florida Statutes (1995).”

P.R. v. State, 97 So. 3d 980 (Fla. 4th DCA 2012). · cites it 6× “” § 856.021(1), Fla. Stat. (2010); Hollingsworth v.”

E.F. v. State, 110 So. 3d 101 (Fla. 4th DCA 2013). · cites it 6× “” See § 856.021, Fla. Stat. (2011); see also J.”

Simms v. State, 51 So. 3d 1264 (Fla. 2d DCA 2011). · cites it 6× “Section 856.021, Florida Statutes (2008), outlaws loitering or prowling: (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…”

Griffin v. State, 603 So. 2d 48 (Fla. 1st DCA 1992). · cites it 8× “§ 856.021, Fla. Stat. (1989). The state responds that it need not prove an offense beyond a reasonable doubt to show a violation of probation, but rather it must show only by a preponderance *50 of the evidence that the probationer committed the offense charged.”

Hollingsworth v. State, 991 So. 2d 990 (Fla. 4th DCA 2008). · cites it 6× “The crime of loitering and prowling has two elements: (1) the defendant loitered and prowled "in a place, at a time, or in a manner not usual for law-abiding individuals," and (2) the loitering occurred under "circumstances that warrant a justifiable and reasonable alarm or…”

Show all 223 citing cases →

— 856.021(1) — 53 cases

P.R. v. State, 97 So. 3d 980 (Fla. 4th DCA 2012). “” § 856.021(1), Fla. Stat. (2010); Hollingsworth v.”

Jones v. State, 117 So. 3d 818 (Fla. 4th DCA 2013).

M.J. v. State, 121 So. 3d 1151 (Fla. 4th DCA 2013).

Carter v. State, 516 So. 2d 312 (Fla. 3d DCA 1987).

State v. Caballero, 396 So. 2d 1210 (Fla. 3d DCA 1981).

— 856.021(2) — 37 cases

M.R. v. State, 101 So. 3d 389 (Fla. 3d DCA 2012). “appeals the adjudication of delinquency and final disposition of a loitering and prowling charge under section 856.021, Florida Statutes (2010), following an adjudicatory hearing.”

P.R. v. State, 97 So. 3d 980 (Fla. 4th DCA 2012). “” § 856.021(1), Fla. Stat. (2010); Hollingsworth v.”

E.F. v. State, 110 So. 3d 101 (Fla. 4th DCA 2013). “” See § 856.021, Fla. Stat. (2011); see also J.”

Patmore v. State, 383 So. 2d 309 (Fla. 2d DCA 1980).

Boal v. State, 368 So. 2d 71 (Fla. 2d DCA 1979).

— 856.021(3) — 1 case

Carter v. State, 516 So. 2d 312 (Fla. 3d DCA 1987).

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