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Florida Statute 810.097 | Lawyer Caselaw & Research
F.S. 810.097 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 810.097

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 810
BURGLARY AND TRESPASS
View Entire Chapter
F.S. 810.097
810.097 Trespass upon grounds or facilities of a school; penalties; arrest.
(1) Any person who:
(a) Does not have legitimate business on the campus or any other authorization, license, or invitation to enter or remain upon school property; or
(b) Is a student currently under suspension or expulsion;

and who enters or remains upon the campus or any other facility owned by any such school commits a trespass upon the grounds of a school facility and is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(2) Any person who enters or remains upon the campus or other facility of a school after the principal of such school, or his or her designee, has directed such person to leave such campus or facility or not to enter upon the campus or facility, commits a trespass upon the grounds of a school facility and is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(3) The chief administrative officer of a school, or any employee thereof designated by the chief administrative officer to maintain order on such campus or facility, who has probable cause to believe that a person is trespassing upon school grounds in violation of this section may take such person into custody and detain him or her in a reasonable manner for a reasonable length of time pending arrival of a law enforcement officer. Such taking into custody and detention by an authorized person does not render that person criminally or civilly liable for false arrest, false imprisonment, or unlawful detention. If a trespasser is taken into custody, a law enforcement officer shall be called to the scene immediately after the person is taken into custody.
(4) Any law enforcement officer may arrest either on or off the premises and without warrant any person the officer has probable cause for believing has committed the offense of trespass upon the grounds of a school facility. Such arrest shall not render the law enforcement officer criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.
(5) As used in this section, the term “school” means the grounds or any facility, including school buses, of any kindergarten, elementary school, middle school, junior high school, or secondary school, whether public or nonpublic.
History.s. 1, ch. 68-3; s. 1, ch. 72-10; s. 1, ch. 72-221; s. 1, ch. 77-425; s. 48, ch. 79-164; s. 1, ch. 82-3; s. 27, ch. 91-224; s. 1207, ch. 95-147; s. 1, ch. 99-147; s. 5, ch. 2018-150.
Note.Former s. 228.21; s. 228.091.

F.S. 810.097 on Google Scholar

F.S. 810.097 on Casetext

Amendments to 810.097


Arrestable Offenses / Crimes under Fla. Stat. 810.097
Level: Degree
Misdemeanor/Felony: First/Second/Third

S810.097 1 - TRESPASSING - SCHOOL GROUNDS -WAS 228.091 - M: S
S810.097 2 - TRESPASSING - SCHOOL GROUNDS REFUSE TO LEAVE-WAS 228.091 - M: F



Annotations, Discussions, Cases:

Cases from cite.case.law:

E. W. a v. STATE, 263 So. 3d 306 (Fla. App. Ct. 2019)

. . . Appellant challenges his adjudication of delinquency for trespassing on school grounds pursuant to section 810.097 . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 253 So. 3d 1040 (Fla. 2018)

. . . Trespass on School 810.097(2) 13.5(b) Grounds or Facility After Warning By Principal (if refusal to depart . . . is charged) Trespass Upon School 810.097(1) 13.5(a) Grounds or Facility (if no legitimate business or . . .

L. M. a v. STATE, 256 So. 3d 226 (Fla. App. Ct. 2018)

. . . L.M., a juvenile, appeals an adjudication for trespass on school grounds ( section 810.097, Florida Statutes . . . The elements of the crime of trespass upon grounds or facilities of a school, section 810.097(1)(b), . . .

J. H. a v. STATE, 220 So. 3d 508 (Fla. Dist. Ct. App. 2017)

. . . Graham K-8 Academy, in violation of Florida Statute section 810.097. § 810.097(1), Fla. . . . The Florida courts, moreover, have found sufficient evidence to support a violation, of section 810.097 . . .

STATE v. RAND,, 209 So. 3d 660 (Fla. Dist. Ct. App. 2017)

. . . .” § 810.097(1)(a), Fla. Stat. . . . cause for believing has committed the offense of trespass upon the grounds of a school facility.” § 810.097 . . . reasonable manner for a reasonable length of time” while awaiting arrival of a law enforcement officer. § 810.097 . . . See § 810.097(l)(a), Fla. Stat. . . .

M. M. a v. STATE, 187 So. 3d 300 (Fla. Dist. Ct. App. 2016)

. . . juvenile, appeals an order finding him guilty of trespass on school grounds in violation of section 810.097 . . . Section 810.097 provides, in pertinent part: (1) Any person who: (a) Does not have legitimate business . . . school resource officer by entering into other areas of the campus constituted a violation of section 810.097 . . . We conclude that the only reasonable interpretation of section 810.097(1) is that “school property” means . . . enter or remain upon a restricted area of the school property may be found guilty of violating section 810.097 . . . M.M. was adjudicated delinquent for trespass on school grounds in violation of section 810.097(1), Florida . . . Turning to the statute in question here, section 810.097 provides that: (1) Any person who: (a) Does . . . Under section 810.097 (the school campus statute at issue here), if the visitor goes somewhere other . . .

J. R. a v. STATE, 99 So. 3d 427 (Fla. 2012)

. . . 112 (Fla. 3d DCA 2010), affirming the trial court’s adjudication of J.R.’s delinquency under section 810.097 . . . I, the Third District held that a defendant could be found guilty of trespass under section 810.097(2 . . . authority as a designee of the school’s principal are essential elements of trespass under section 810.097 . . . The trial court denied J.R.’s motion, adjudged J.R. delinquent in violation of section 810.097(2), and . . . ANALYSIS Section 810.097(2), Florida Statutes (2008), provides: (2) Any person who enters or remains . . .

J. A. M. v. STATE, 75 So. 3d 816 (Fla. Dist. Ct. App. 2011)

. . . was later charged in a delinquency petition with trespass on school property in violation of section 810.097 . . . s a student currently under suspension or expulsion[] and who enters or remains upon the campus.” § 810.097 . . .

B. C. a v. STATE, 70 So. 3d 666 (Fla. Dist. Ct. App. 2011)

. . . This is an appeal from a conviction for trespass on school grounds pursuant to section 810.097(2), Florida . . . Because this was a necessary element of section 810.097(2), we reverse. . . . In particular, defendant argues the State offered insufficient evidence to establish section 810.097( . . . However, neither case deals with section 810.097(2). . . . He may very well have authority elsewhere but the charge here was a violation of section 810.097(2). . . .

D. J. v. STATE, 67 So. 3d 1029 (Fla. 2011)

. . . juvenile’s conviction for trespassing upon the grounds of a school facility in violation of section 810.097 . . . Specifically, the defense argued that section 810.097(2) requires the State to prove, as an essential . . . Based on our consideration of Dye as well as the clear language of section 810.097(2), we find that the . . . When viewed in pari materia with section 810.09, it becomes clear that section 810.097 grants to the . . . State, 375 So.2d 840 (Fla.1979), is not applicable to the current language of section 810.097(2). . . .

A. S. v. STATE, 62 So. 3d 695 (Fla. Dist. Ct. App. 2011)

. . . See §§ 810.097, 784.03(2), Fla. Stat. (2008). . . .

D. J. a v. STATE, 43 So. 3d 176 (Fla. Dist. Ct. App. 2010)

. . . See § 810.097(2), Fla. Stat. (2009). . . .

SCHOOL BOARD OF MIAMI- DADE COUNTY, v. CARRALERO,, 992 So. 2d 353 (Fla. Dist. Ct. App. 2008)

. . . See § 810.097(l)(a), Fla. . . .

GRAY, v. E. KOHL, D., 568 F. Supp. 2d 1378 (S.D. Fla. 2008)

. . . . § 810.097(1), Fla. Stat. . . . Stat., the precursor to the current trespass upon school grounds statute, § 810.097, Fla. Stat. . . . .

A. S. P. v. STATE, 964 So. 2d 211 (Fla. Dist. Ct. App. 2007)

. . . Section 810.097(1) provides in pertinent part as follows: (1) Any person who: (a) Does not have legitimate . . . Section 810.097(4) provides that a law enforcement officer may arrest, without a warrant, “any person . . . to believe that A.S.P. had committed the crime of trespass upon school grounds as defined in section 810.097 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 962 So. 2d 310 (Fla. 2007)

. . . State, 861 So.2d 78 (Fla. 3d DCA 2003). 13.5 (a) TRESPASS ON SCHOOL GROUNDS OR FACILITIES § 810.097, . . . in 2007. 13.5 (b) TRESPASS ON SCHOOL GROUNDS OR FACILITIES AFTER WARNING BY PRINCIPAL OR DESIGNEE § 810.097 . . .

E. W. a v. STATE, 873 So. 2d 485 (Fla. Dist. Ct. App. 2004)

. . . The statute applicable, section 810.097(1), Florida Statutes (2002), provides: 810.097 Trespass upon . . . the state, see Jones, 790 So.2d at 1197, we consider the state failed to prove a violation of section 810.097 . . .

G. A. v. STATE, 862 So. 2d 96 (Fla. Dist. Ct. App. 2003)

. . . G.A. was adjudicated delinquent for trespass on school grounds pursuant to section 810.097(1), Florida . . .

L. A. B. a v. STATE, 816 So. 2d 828 (Fla. Dist. Ct. App. 2002)

. . . L.A.B. appeals his adjudication of delinquency for school trespass pursuant to sec. 810.097(l)(a), Fla . . .