Loitering and Prowling Florida Statute | Florida Loitering and Prowling Law
Shown below is the Florida Statute applicable to the charge of Loitering and Prowling.
Section 856.021 of the Florida Statutes classifies Loitering and Prowling as a second
degree misdemeanor, with penalties of up to 60 days in jail. For additional information
about Loitering and Prowling in Florida, visit our Florida Loitering and Prowling
Attorney web page.
2011 Florida Statutes
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.