Florida Statute 877.22 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 877
MISCELLANEOUS CRIMES

View Entire Chapter

877.22 Minors prohibited in public places and establishments during certain hours; penalty; procedure.—

(1)(a) A minor may not be or remain in a public place or establishment between the hours of 11:00 p.m. and 5:00 a.m. of the following day, Sunday through Thursday, except in the case of a legal holiday.

(b) A minor may not be or remain in a public place or establishment between the hours of 12:01 a.m. and 6:00 a.m. on Saturdays, Sundays, and legal holidays.

(2) A minor who has been suspended or expelled from school may not be or remain in a public place, in an establishment, or within 1,000 feet of a school during the hours of 9:00 a.m. to 2:00 p.m. during any school day.

(3) A minor who violates this section shall receive a written warning for her or his first violation. A minor who violates this section after having received a prior written warning is guilty of a civil infraction and shall pay a fine of $50 for each violation.

(4) If a minor violates a curfew and is taken into custody, the minor shall be transported immediately to a police station or to a facility operated by a religious, charitable, or civic organization that conducts a curfew program in cooperation with a local law enforcement agency. After recording pertinent information about the minor, the law enforcement agency shall attempt to contact the parent of the minor and, if successful, shall request that the parent take custody of the minor and shall release the minor to the parent. If the law enforcement agency is not able to contact the minor’s parent within 2 hours after the minor is taken into custody, or if the parent refuses to take custody of the minor, the law enforcement agency may transport the minor to her or his residence or proceed as authorized under part IV of chapter 39.

History.—s. 84, ch. 94-209; s. 1432, ch. 97-102; s. 52, ch. 98-280; s. 17, ch. 2010-117; s. 51, ch. 2011-213.

F.S. 877.22 on Google Scholar

F.S. 877.22 on CourtListener

Amendments to 877.22

Annotations, Discussions, Cases:

Cases Citing Statute 877.22

Total Results: 8 | Sort by: Relevance | Newest First

Copy

State v. JP, 907 So. 2d 1101 (Fla. 2004).

Cited 34 times | Published | Supreme Court of Florida | 2004 WL 3404162

...ness premises during curfew hours are also subject to the sanctions. [7] In contrast, the model juvenile curfew ordinance enacted by the Florida Legislature imposes a civil infraction fine of $50 for the second *1119 and subsequent violations. See §§ 877.22(3), 877.23(3), Fla....

...hs of incarceration for being in violation of the curfew. The Pinellas Park ordinance limits the fines to $500. See Pinellas Park, Fla., Code § 16-124(D)3, (F)2. [7] The Pinellas Park ordinance does not provide penalties for business operators. [8] Section 877.22(3), Florida Statutes (2002), provides that a minor who violates the model curfew statute "shall receive a written warning for her or his first violation." A subsequent violation results in a civil infraction and the minor must pay a $50 fine for each violation. Section 877.23(3), Florida Statutes (2002), imposes the same civil infraction on a parent who knowingly permits a minor to violate section 877.22....

Copy

State v. J.P., 907 So. 2d 1101 (Fla. 2004).

Cited 7 times | Published | Supreme Court of Florida | 2004 Fla. LEXIS 2529

...siness premises during curfew hours are also subject to the sanctions. 7 In contrast, the model juvenile curfew ordinance enacted by the Florida Legislature imposes a civil infraction fine of $50 for the second *1119 and subsequent violations. See §§ 877.22(3), 877.23(3), Fla....

...months of incarceration for being in violation of the curfew. The Pinellas Park ordinance limits the fines to $500. See Pinellas Park, Fla., Code § 16-124(D)3, (F)2. . The Pinellas Park ordinance does not provide penalties for business operators. . Section 877.22(3), Florida Statutes (2002), provides that a minor who violates the model curfew statute "shall receive a written warning for her or his first violation.” A subsequent violation results in a civil infraction and the minor must pay a $50 fine for each violation. Section 877.23(3), Florida Statutes (2002), imposes the same civil infraction on a parent who knowingly permits a minor to violate section 877.22....

Copy

AJM v. State, 746 So. 2d 1222 (Fla. 3d DCA 1999).

Cited 7 times | Published | Florida 3rd District Court of Appeal | 1999 WL 1221651

...veniles "hanging out" well after midnight, and in *1225 violation of the Juvenile Curfew Ordinance, clearly had the authority to take the juvenile into custody and transport him to the police station pursuant to the provisions of that ordinance. See § 877.22(4), Fla....

..."Certainly it would be unreasonable to require that police officers take unnecessary risks in the performance of their duties." Terry, 392 U.S. at 23, 88 S.Ct. 1868. Therefore, if the officers transported the juvenile to the police station for violation of curfew pursuant to section 877.22(4), Florida Statutes, the officers would have been justified to search the juvenile and would undoubtedly discover the firearm....

Copy

D.l., a Child v. State of Florida (Fla. 4th DCA 2021).

Published | Florida 4th District Court of Appeal

...(2020). Subsection 9(b) defines a “low-risk violation” as including “[a] positive drug or alcohol test result” and “[a] violation of curfew.” § 948.06(9)(b)1. & 6., Fla. Stat. (2020). Although a minor’s curfew violation can constitute a new law violation, see § 877.22(1)(a), Fla....

...of the following day, Sunday through Thursday, except in the case of a legal holiday.”), the state’s probation violation affidavit simply alleged the juvenile violated his probation condition 13 (“The child shall have a curfew of 8:00 p.m. until 6:00 a.m.”), not section 877.22(1)(a). Based on the foregoing, the juvenile’s positive marijuana test and curfew violation were technical in nature and not new law violations....

Copy

J.C. v. State, 274 So. 3d 1203 (Fla. 3d DCA 2019).

Published | Florida 3rd District Court of Appeal

PER CURIAM. Affirmed. § 877.22(1)(a), Fla. Stat. (2018) ; Miami-Dade County, Fla., Code of Ordinances

Copy

J.C. v. State, 274 So. 3d 1203 (Fla. 3d DCA 2019).

Published | Florida 3rd District Court of Appeal

PER CURIAM. Affirmed. § 877.22(1)(a), Fla. Stat. (2018) ; Miami-Dade County, Fla., Code of Ordinances

Copy

State v. C.M., a child, 154 So. 3d 1177 (Fla. 4th DCA 2015).

Published | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 167, 2015 WL 71949

...plain meaning of the language which is free from ambiguity.”) (citation omitted). 2 For example, under Florida’s curfew statute, a minor commits a noncriminal infraction and receives a written warning for a first violation, and a civil fine is imposed for subsequent violations. § 877.22, Fla....

Copy

A.J.M. v. State, 746 So. 2d 1222 (Fla. Dist. Ct. App. 1999).

Published | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 17036

...les “hanging out” well after midnight, and in *1225 violation of the Juvenile Curfew Ordinance, clearly had the authority to take the juvenile into custody and transport him to the police station pursuant to the provisions of that ordinance. See § 877.22(4), Fla....

...“Certainly it would be unreasonable to require that police officers take unnecessary risks in the performance of their duties.” Terry, 392 U.S. at 23 , 88 S.Ct. 1868 . Therefore, if the officers transported the juvenile to the police station for violation of curfew pursuant to section 877.22(4), Florida Statutes, the officers would have been justified to search the juvenile and would undoubtedly discover the firearm....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.