Category: Criminal Offenses · Statute: F.S. 856.021 · Source: Florida Legislature
Understanding Loitering and Prowling in Florida
In Florida, a charge of loitering and prowling under Florida Statute Section 856.021 requires the state to prove two distinct elements. First, the accused must be in a place, at a time, or in a manner not usual for law-abiding citizens. Second, these circumstances must create an immediate, justifiable alarm or immediate concern for the safety of persons or property in the vicinity. This is not a catch-all charge for simply standing in public; the officer must observe specific, articulable behavior—such as hiding in bushes, flight at the sight of police, or attempting to conceal one's identity—that strongly suggests an imminent breach of the peace or property crime.
Because of these strict constitutional requirements, Florida law mandates that officers provide the suspect with an opportunity to dispel any alarm before making an arrest. The officer must ask the individual to identify themselves and explain their presence and conduct. If the individual provides a credible explanation, or if the officer fails to offer this opportunity to explain prior to the arrest, the charge may not hold up in court. Additionally, the officer must personally witness the suspicious behavior; an arrest cannot be based solely on a citizen's report of past loitering.
Bail and Pretrial Release for Loitering and Prowling
As a second-degree misdemeanor, loitering and prowling carries a maximum penalty of 60 days in jail and is typically assigned a low standard bond on local county jail schedules. Defendants are often eligible for rapid release on a surety bond or through a supervised Release on Recognizance (ROR) program. However, because these arrests frequently occur late at night in residential areas, judges at first appearance closely scrutinize whether the defendant has underlying charges, such as possession of burglary tools or trespassing, which can increase the total bail amount required for release.