The Basics of Florida Curfew Laws
In Florida, curfew laws impose restrictions on minors. A minor is someone who is younger than 18 years of age. It is generally understood that the purpose of curfew laws is to keep minors out of trouble.
One historical dilemma with these types of laws stems from the First Amendment – some people argue that requiring minors to stay home puts limitations on their freedom of movement. Although it is important to consider the freedom of speech, these curfew laws are a constitutional regulation of conduct, which isn’t a violation of the First Amendment.
The U.S. Supreme Court has addressed this issue (Schneider v. New Jersey, 308 U.S. 147 (1939) and Jamison v. Texas, 318 U.S. 413 (1943)) . The Court argues that the compelling state interest in protecting minor children justifies some limitations on their constitutionally protected freedoms.
A common curfew law, however, does not prohibit minors from going out at all times, nor does it limit where they can go. Most curfew laws like that in Hillsborough County have certain exceptions. For instance, if a minor is accompanied by his or her parents or legal guardian, they are allowed to be out past curfew.
Likewise, if the minor is doing something like running an errand for a parent or legal guardian and there is proof of it, they are also permitted to stay out. In Hillsborough County, exceptions also exist if the minor is traveling to work, participating in a school sponsored activity, or exercising First Amendment rights.
The Curfew Time and Restrictions
In general, all municipalities in Florida have the power to create their own curfews subject to these statutory limits:
Minors age 15 years or younger cannot be on the streets between 11 p.m. and 6 a.m.
Minors ages 16 and 17 cannot be on the streets between 12:01 a.m. and 6 a.m.
However, curfew hours may differ for a municipality’s unincorporated areas and its incorporated areas.
Ordinance No. 89-38, s. 11, § 1(3), adopted Dec. 11, 1989.
The sheriff may designate certain public places within all municipalities as "high crime areas," along with the times of day when the high crime increases in the area. When in effect, anyone who is in the "high crime area" during the designated hours can be charged with a curfew violation. The sheriff must notify the municipality which areas and times are designated as high crime times and what law enforcement statistics were used as a basis for the designation.
So, what are Florida’s curfew hours for unincorporated areas?
In the unincorporated areas of unincorporated Orange County, the county has established the following curfews:
The curfew restriction does not apply to minors ages 17 or older.
For Orange County, the curfew hours for incorporated areas are:
However, Orange County ordinance states that a minor who is on his or her way to or from a meeting, event or activity sponsored and attended by either a parent or legal guardian or by an organization listed in the ordinance may be exempt from the curfew hours. Under the ordinance, a minor is allowed to remain out after curfew until 1:00 a.m.
Curfew Exceptions
The law in Florida provides exceptions to the curfew requirements for minors. Generally, a minor is exempt from curfew during any "emergency," which is defined as "all circumstances arising unexpectedly and requiring immediate action or attention." In other words, if you are an exhausted adolescent who suddenly realizes that you have time to get pizza with your friends before Tuesday morning pre-calc, and you leave on your bicycle, an officer can treat you as if it’s a Tuesday at noon, and not 2:00 in the morning, and he cannot enforce the curfew against you. This example, of course, is somewhat extreme, but this context of "emergency" should illustrate what the law requires. Also, it’s worth noting that the law explicitly states that the term "emergency" does not include running away from home.
Another exception to the curfew requirement is if a minor is "returning directly home from employment." In this case, direct means just that. If your boss, who works in a field where "night hours" are not outside the ordinary, makes you work until 3:15 in the morning, having that extra fifteen minutes is a critical issue for enforcement. Remember, you only have the exception to the curfew requirement when you are "returning directly home" from work. Another example is if you finish up your janitorial work at the courthouse where you work, but a tornado warning traps you for an hour in the break room, now you are "returning directly home" from work.
School-related exceptions, such as "school-sponsored activities" or "in connection with an event sponsored by the school", cover some of the otherwise overlooked ways in which minors can be out and about past curfew. Of course, "school-sponsored activity" means exactly what it says. So, if your high school requests your participation in a high school pageant, and you stay late at school until 11:30pm for rehearsals, you are exempt from the curfew requirement. Note that the exception to a curfew is limited to events sponsored by the school, so if you are visiting a friend at the local amusement park, that does not count.
One of the few exceptions expressly written in the statute provides for an exemption for parents. If one of your parents or guardians is directly accompanying you, there is no curfew. Now, listen, I know what you’re thinking: why on earth would any self-respecting parent want to hang out to around midnight with you? Well, they don’t. The reason your parent can help you avoid violating a curfew is because the law requires that the parent or guardian physically be with the minor person. In all other cases where a minor is physically present with someone over the age of eighteen, the law will presume that the minor is under the control of the adult. In other words, for a parent to actually help you avoid a curfew violation, they need to be walking with you at all times.
There may be other exceptions, and they may differ depending on the county in which you live. Additionally, the Statute requires that the parent or guardian be notified in order for the minor to incur any penalty for a violation. So there are several possible safeguards for minors who might get caught out just a little too late at night.
Underage Penalties
Parents and guardians of youth that violate curfew laws will be issued a citation. Curfew laws are not exclusively a law enforcement issue. If your minor child violates curfew, there could be additional legal consequences through the school system, juvenile court and/or the Department of Motor Vehicles (DMV). A minor child is anyone under the age of 18. Under Florida Statute §877.20, it is unlawful for a minor child to: As mentioned above, if a minor child violates curfew, the parent will be issued a citation. The citation issued can be referred to as a Notice to Appear. The Notice to Appear will primarily inform the issuing authority that the parent will be responsible for the minor child’s behavior. Penalties for violating curfew may include: In addition to fines, a minor child can also face suspension of their driving privileges through the DMV. Under Florida Statute §322.055(4), if a juvenile is cited for curfew violations within 12 months, the juvenile will be referred to DMV for suspension of their driver’s license for up to three months or until all fines, fees, court costs and restitution have been paid.
Parents And Guardians Responsibilities
Parents and guardians play a crucial role in ensuring their children obey curfews. As a parent or guardian, the success of Florida’s curfew laws relies on your cooperation and the strength of your family unit. Whether through the implementation of house rules, dialing in a later curfew, or legal steps, you should take an active role in ensuring your children understand and follow curfew laws.
An alternative to house rules and device curfews is to implement curfews that are legally binding. Curfews for minors can be set or altered through court order upon petition from a minor’s parent or legal guardian. Once a curfew order is issued, it is enforceable by law just like any other aspect of a parental custody agreement. A parent or guardian who violates a court-ordered curfew may be held in contempt of court, ordered to attend parenting classes, or face other potential legal ramifications. A minor may also be placed in the custody of the state if he or she becomes habitual disobedient to enacted curfews .
Parents can stress the importance of understanding and respecting curfew times to their teens, but many can be strong-minded and will often bypass conventional rules. Most parents with strong-willed teenagers are familiar with the term "teenage rebellion." While setting a legal curfew is not a final solution for ensuring that your child is home before 11 p.m. (or whatever curfew time you choose), it does give you more legal standing to protect your interests.
If the problem of teenage rebellion does occur, you should begin looking at the possibility of legal implications – should you decide to press the issue. You could encourage your teen to comply with your household rules. Or, you could move forward with taking legal action. Once a curfew is set through court order, law enforcement can then begin to impose violations against the minor and/or his or her parent(s). Legal enforcement of curfew laws often requires the cooperation of local law enforcement as well as resource availability to support juvenile court systems.
The Effects of Curfew Laws on Our Communities
Generally speaking, municipalities adopt curfew laws with the aim of promoting public safety and reducing crime, especially among young people. Law enforcement officials hope that by limiting the hours that minors are on their own, they can deter criminal behavior and also protect minors from victimization. A review of Florida newspaper archives reveals that curfews, especially in beach towns like Palm Beach with high numbers of juvenile offenses, are often greeted with resistance from the community, and parents in particular. Supporters of curfews argue that such measures result in diminished crime rates, but it’s important also to consider the arguments against them.
When curfews are enforced, police officers can stop and detain minors who do not have a valid reason to be out after hours. Some curfew violations require only a verbal warning or a warning letter to parents. Other violations may result in a fine or other civil penalty. Those in favor of curfews see them as an effective way to reduce juvenile crime. Their opponents say that curfews put undue onus on law enforcement, furthering demonizing of law-breaking teens, and also diverting attention away from the real perpetrators of crime when those perpetrators are adults. Critics suggest that more supervision from parents and guardians could help reduce juvenile crime and victimization, instead of curfews. In addition, it is argued, curfew enforcement has the potential to violate constitutional rights, because law enforcement officers may be forced to detain children who are guilty of nothing more than being in the wrong place at the wrong time. In Florida, as in many other states, the constitutionality of curfew laws is a hotly contested topic: in 2001, a federal judge upheld Coral Gables’ curfew law against a constitutional challenge.
Florida Curfews Compared to Other States
In many states, curfews laws for minors are common and can even be more stringent than Florida’s. For example, in the state of Illinois, municipal curfew ordinances typically make it illegal for anyone under the age of 17 to be in a public place after 11 p.m. In Hawaii, youth under 18 cannot remain out between 10 p.m. and 4 a.m., regardless of the day of the week. Georgia enforces curfews for youth 17 and under on weekdays from 11 p.m. to 6 a.m., and 12 a.m. to 6 a.m. on weekends. California has a statewide curfew for minors under 18 from 10 p.m. to 5 a.m. Except in certain circumstances, staying out past curfew can result in a citation and fine.
Oregon’s curfews are more lenient during the weekdays, only prohibiting minors under 18 from remaining out after 10:30 p.m. on Sunday through Thursday. However, the curfew begins earlier on Friday and Saturday nights, at 11 p.m. Idaho has similar rules, although the curfew for minors is 11:30 p.m. on Friday and Saturday nights.
Some states have no municipal curfew ordinances whatsoever , but may have alternative restrictions on youth behavior. Washington, for instance, has no curfew laws, but its laws prohibit adults from allowing youth under 16 to beg or receive alms in public places. Many of these laws are outdated, as begging is considered a nuisance more than a nuisance: an ambulatory occupation nuisance. Morally, most communities tolerate the homeless; but if an occupational prohibition happens to keep the homeless off the streets, it is a byproduct of the law rather than a legitimate goal.
There is no single answer to the question of how Florida’s approach to curfews might influence other jurisdictions: courts, municipalities, and law enforcement agencies are all likely to view the matter differently. In addition, outside influences such as political advocacy groups, lobbyists, local think tanks, and academic institutions may persuade other areas not to implement stringent curfews.