Under Florida curfew law, minors cannot be in public places from 11:00 PM to 5:00 AM on school nights (Sunday through Thursday) or from 12:01 AM to 6:00 AM on Fridays, Saturdays, and legal holidays. A first violation gets a written warning. Any later violation is a civil infraction with a $50 fine. Section 877.22 of the Florida Statutes sets these rules statewide, but your county or city may impose stricter hours or penalties on top of them.
The Hours in Detail
The statewide curfew splits by the day of the week:
- Sunday through Thursday nights, minors may not be in any public place or establishment from 11:00 PM until 5:00 AM the next morning, unless that night is a legal holiday.
- Friday nights, Saturday nights, and the night before a legal holiday, the restricted window runs from 12:01 AM to 6:00 AM.
“Public place or establishment” is read broadly. It covers sidewalks, parks, parking lots, restaurants, and any business open to the public. A minor sitting in a parked car in a public lot at 1:00 AM is in violation the same as one walking down the street.
When the Curfew Does Not Apply
The statute lists several situations where a minor can lawfully be out during curfew hours. Officers are expected to check for these before taking any enforcement action.
- The minor is with a parent, legal guardian, or another adult the parent has authorized.
- The minor is traveling directly to or from work, or is on the job. Documentation from the employer makes this easier to prove during a stop.
- The minor is attending, or traveling to or from, an event sponsored by a school, religious organization, or government entity, and adults are supervising the activity.
- The minor is responding to an emergency or seeking medical attention.
- The minor is in a motor vehicle on an interstate highway.
Emancipated minors sit in their own category. Once a court grants emancipation, the minor holds the legal rights and responsibilities of an adult for most purposes, which should take them outside curfew enforcement. Carrying proof of emancipation prevents unnecessary stops.
Penalties
The penalties under Section 877.22 are lighter than most people assume. A first curfew violation produces only a written warning. No fine, no court date, no record beyond the warning itself.
If a minor violates the curfew again after a written warning is already on file, each later violation is a civil infraction with a $50 fine. That is the full extent of the state penalty. The statute does not authorize community service, mandatory counseling, probation, or juvenile detention for a curfew violation on its own. It also does not fine the parent or guardian.
The $50 applies to the minor, not the parent, and only after a prior written warning. Local ordinances in some Florida counties add consequences the state law does not, including higher fines and parental accountability measures, so what you actually face depends on where you live.
What Happens When an Officer Stops a Minor
If an officer finds a minor in violation and takes them into custody, the statute requires the officer to transport the minor to a police station or to a facility run by a religious, charitable, or civic organization that operates a curfew program with local law enforcement.
After recording the minor’s information, the agency must try to reach a parent or guardian and ask them to come pick up the minor. If no parent can be reached within two hours, or the parent refuses to take custody, officers may drive the minor home or proceed under the child-welfare provisions of Chapter 39 of the Florida Statutes. The Chapter 39 path typically comes into play only where there are signs of neglect, abandonment, or danger at home.
Officers should ask why the minor is out before escalating. If any statutory exception applies, the stop ends there. The Orlando Police Department’s written policy, for example, instructs officers to check for every listed exception and take no enforcement action if one fits.
Fourth Amendment rules still govern the stop itself. An officer needs reasonable suspicion that the person is both under 18 and out during restricted hours before detaining them. A curfew stop is limited to confirming age, identity, and whether an exception applies. It is not a blanket authority to search the minor or their belongings. A search of a backpack or vehicle still requires consent, a warrant, or a recognized exception like evidence in plain view. A minor has the right to state why they are out, show identification, and point to the exception that applies; cooperating on those questions is the fastest way to end the stop, but the minor is not required to consent to a search unrelated to the curfew inquiry.
A Separate Daytime Rule for Suspended or Expelled Students
Section 877.22 also contains a daytime provision that often gets confused with the nighttime curfew. A minor who has been suspended or expelled from school may not be in a public place, an establishment, or within 1,000 feet of any school during school hours. This rule is independent of the nighttime curfew and applies only to students currently serving a suspension or expulsion.
Local Ordinances Can Be Stricter
The state statute sets a floor, not a ceiling. Florida counties and cities can adopt their own curfew ordinances with tighter hours, broader definitions, or stiffer penalties.
Miami-Dade County prohibits minors from being in public places between 11:00 PM and 6:00 AM on school nights and between midnight and 6:00 AM on weekends. The school-night end time is 6:00 AM rather than the state’s 5:00 AM. The city of Orlando operates a Youth Protection Ordinance that lets officers issue trespass warnings to 16- and 17-year-olds carrying a valid Florida ID instead of taking them into custody.
If you are not sure what applies where you live, check the county and city code. The state statute always applies underneath, but local rules may extend the restricted hours, change the enforcement procedure, or add penalties the state law does not reach, including penalties on parents.