Florida Statutes

Fla. Stat. § 877.22 (2025)

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

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 1999–2021 · leading case: State v. J.P., 907 So. 2d 1101 (Fla. 2004).

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State v. J.P., 907 So. 2d 1101 (Fla. 2004). · cites it 4× “23(3), Florida Statutes (2002), imposes the same civil infraction on a parent who knowingly permits a minor to violate section 877.22. . The juveniles also contend that the ordinances violate their Fourth Amendment right to be free from unreasonable searches and seizures and…”

State v. C.M., a child, 154 So. 3d 1177 (Fla. 4th DCA 2015). · cites it 2× “§ 877.22, Fla. Stat. (2013). Florida’s truancy statutes require minors to attend school regularly and are noncriminal in nature.”

A.J.M. v. State, 746 So. 2d 1222 (Fla. 3d DCA 1999). · cites it 4× “See § 877.22(4), Fla. Stat. (1997). Naturally, an officer always has the authority to search anyone before she or he puts them in the back of the police cruiser for transportation.”

State v. JP, 907 So. 2d 1101 (Fla. 2004). · cites it 4× “" A subsequent violation results in a civil infraction and the minor must pay a fine for each violation.”

AJM v. State, 746 So. 2d 1222 (Fla. 3d DCA 1999). · cites it 4× “See § 877.22(4), Fla. Stat. (1997). Naturally, an officer always has the authority to search anyone before she or he puts them in the back of the police cruiser for transportation.”

D.l., a Child v. State of Florida (Fla. 4th DCA 2021). · cites it 3× “Although a minor’s curfew violation can constitute a new law violation, see § 877.22(1)(a), Fla. Stat. (2020) (“A minor may not be or remain in a public place or establishment between the hours of 11:00 p.”

J.C. v. State, 274 So. 3d 1203 (Fla. 3d DCA 2019). · cites it 2× “§ 877.22(1)(a), Fla. Stat. (2018) ; Miami-Dade County, Fla.”

— 877.22(1)(a) — 3 cases

D.l., a Child v. State of Florida (Fla. 4th DCA 2021). “Although a minor’s curfew violation can constitute a new law violation, see § 877.22(1)(a), Fla. Stat. (2020) (“A minor may not be or remain in a public place or establishment between the hours of 11:00 p.”

J.C. v. State, 274 So. 3d 1203 (Fla. 3d DCA 2019). “§ 877.22(1)(a), Fla. Stat. (2018) ; Miami-Dade County, Fla.”

— 877.22(3) — 2 cases

State v. J.P., 907 So. 2d 1101 (Fla. 2004). “23(3), Florida Statutes (2002), imposes the same civil infraction on a parent who knowingly permits a minor to violate section 877.22. . The juveniles also contend that the ordinances violate their Fourth Amendment right to be free from unreasonable searches and seizures and…”

State v. JP, 907 So. 2d 1101 (Fla. 2004). “" A subsequent violation results in a civil infraction and the minor must pay a fine for each violation.”

— 877.22(4) — 2 cases

A.J.M. v. State, 746 So. 2d 1222 (Fla. 3d DCA 1999). “See § 877.22(4), Fla. Stat. (1997). Naturally, an officer always has the authority to search anyone before she or he puts them in the back of the police cruiser for transportation.”

AJM v. State, 746 So. 2d 1222 (Fla. 3d DCA 1999). “See § 877.22(4), Fla. Stat. (1997). Naturally, an officer always has the authority to search anyone before she or he puts them in the back of the police cruiser for transportation.”

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