Florida’s juvenile curfew laws sit at the intersection of two powerful societal principles: the desire to protect children from night-time harms and the constitutional imperative to avoid overbroad restrictions on liberty.
At the state level Florida provides a model juvenile-curfew framework that sets out permissible hours, basic procedural protections, and the legislative invitation for cities and counties to adopt their own tailored rules. However, the story of curfew in Florida is not just statutory text; it is a story written in cases, where the Florida Supreme Court and the district courts have insisted that any law restricting a child’s movement must survive careful constitutional scrutiny.
Who is a child in Florida?
“Child” is defined as any unmarried, unemancipated person under eighteen years of age. Fla. Stat. § 34.01(12).
What is Curfew in Florida ?
Florida’s model curfew statute prohibits minors from being in public places or establishments during certain overnight hours:
“A minor may not be or remain in a public place or establishment between the hours of 11:00 p.m. and 5:00 a.m. of the following day, Sunday through Thursday, except in the case of a legal holiday.” Fla.Stat. § 877.22(1)(a).
And
“12:01 a.m. to 6:00 a.m. on Saturdays, Sundays, and legal holidays.” Fla.Stat. § 877.22(1)(b).
What Is Curfew In Naples, Florida and Surrounding Areas?
Naple’s curfew is similar to Fla. Stat §877.22(1)(a) with some minor changes.
“It is unlawful for any child under the age of eighteen (18) to be on the streets or public places between 11:00 p.m. and 6:00 a.m. from Sunday through Thursday; however, that child may be on the streets between those times pursuant to the scope of lawful employment.” Sec. 15-19.1(a) https://www.naplesgov.com/media/29106
And
On Fridays and Saturdays the ordinance makes it unlawful for any child under the age of eighteen (18) to be on the streets or other public places between the hours of 12:00 midnight and 6:00 a.m. on Friday and Saturday nights unless it is for lawful employment. Sec. 15-19.1(b) https://www.naplesgov.com/media/29106
Although the ordinance is from 1974, there is no notice of repeal the ordinance so we presume this is still good law.
Curfew laws in Fort Myers, Florida are stricter.
“A minor may not be or remain in any public place or restricted area within the city limits between the hours of 9:00 p.m. and 5:00 a.m. from Sunday through Thursday.” Sec. 50-133(a). Fort Myers Police Department.
And
On Fridays and Saturdays a minor may not remain in any public place or restricted area from 11:00 p.m. and 6:00 a.m. Sec. 50-133(b). Fort Myers Police Department.
In Fort Myers, Florida, a first-time curfew violation leads to a written warning, while any subsequent violation is treated as a civil infraction and carries a $110.00 fine per offense. Sec. 50-133(d). Curfew Violations.
Consequences for Curfew Violations
Violating curfew is not a big deal in Florida.
“A minor who violates this section shall receive a written warning for her or his first violation. A minor who violates this section after having received a prior written warning is guilty of a civil infraction and shall pay a fine of $50 for each violation.” Fla. Stat. § 877.22(3)
In certain circumstances, the law enforcement agency may transport the minor to his or her residence if the law enforcement agency is not able to contact the minor’s parent or if the minor’s parent refuses to take custody of the child.
“[I]f the law enforcement agency is not able to contact the minor’s parent within 2 hours after the minor is taken into custody, or if the parent refuses to take custody of the minor, the law enforcement agency may transport the minor to her or his residence.” Fla. Stat. § 877.22(4).
Defenses to Curfew Violations in Florida
If a child is caught out at night, all the child has to do is go home and they are no longer guilty of breaking curfew.
To be guilty of breaking curfew in Florida, you must “remain in a public place or establishment.”
A minor can simply leave or say they are leaving and no longer be in violation of curfew in Florida.
Many defenses to a curfew turn entirely on the exact wording of the local ordinance or exemptions.
Furthermore, most Florida local curfew ordinances follow the statutory template or explicitly include exemptions for: (1) Statutory/Ordinance Exceptions (2) Parental/Guardian Consent or Accompaniment, (3) Employment traveling, (4) Emergency/Necessity, (5) First Amendment Activity, (6) Constitutional Defenses (the ordinance is vague, overbroad, or selective enforcement, (7) Mistaken Identity or Mistaken Age, or (8) Interstate travel.
Constitutional Challenges to Curfew Ordinances
Curfew laws often face constitutional challenges, and courts must balance the government’s interest in public safety against individual rights of minors.
A common challenge is vagueness under the Due Process Clause. Ordinances must provide clear notice of what conduct is prohibited. Ambiguous terms like “remain” or “public place” can invite invalidation or require narrow judicial interpretation.
“A statute which does not give people of ordinary intelligence fair notice of what constitutes forbidden conduct is vague.” Papachristou v. City of Jacksonville, 405 U.S. 156 (1972).
For example, in K.L.J. v. State, the court found Jacksonville’s curfew ordinance vague because it failed to give minors clear guidance on prohibited conduct. K.L.J. v. State, 581 So. 2d 92 (Fla. 1991) (holding that Jacksonville ordinance is both unconstitutionally vague and overbroad for failure to define “legitimate business.”)
“A statute is overbroad when it criminalizes legal as well as illegal activity and has a chilling effect on first amendment freedoms.” Clark v. State, 395 So.2d 525 (Fla. 1981).
Courts are more likely to uphold curfews if they serve a significant governmental interest and are narrowly tailored with reasonable exceptions for work, school, emergencies, or parental accompaniment.
These constitutional considerations naturally lead to the question of how local governments can design ordinances that survive legal challenges while addressing community concerns.
The state framework deliberately leaves room for local tailoring by counties and municipalities
Why does local tailoring matter?
The statute is a model in part because community conditions vary: what a city council sees as a neighborhood safety problem in downtown hours may differ from the concerns of a suburban county. So many Florida cities have adopted municipal curfew ordinances that adjust ages covered, carve out exceptions for work, school, religious activities, hurricanes, or medical emergencies, and choose either civil or criminal sanction schemes.
For example, Manatee County commissioners voted to refine a curfew ordinance due to juvenile-related crimes occurring at night. The proposed ordinance would prohibit minors under 17 from being in any public place or establishment between 11:00 p.m. and 5:00 a.m. Sunday through Thursday, and between midnight and 5:00 a.m. on Fridays and Saturdays.
Parents’ Role in Recurring Curfew Violations
Legal penalties for curfew violations can also affect a minors parents or guardians.
“Parents violate the ordinance if they knowingly allow their child to violate the curfew.” State v. T.M., 761 So.2d 1140.
In fact, in some counties, after a juvenile’s third curfew citation, the minor’s parent or guardian must appear in court and may face a fine of up to $500. Miami-Dade Cnty. Sheriff’s Off., Juvenile Curfew Ordinance (2022), (noting that after a juvenile’s third curfew citation the parent or guardian “may be punished by a fine of up to $500”).
Similarly, in Fort Myers, Florida, a parent can face a fine for their child’s repeated curfew violations. The ordinance details the responsibilities of parents to personally supervise the minor so that the minor does not violate the curfew ordinance.
“A parent who knowingly permits the minor to violate any provision of this article, after receiving a written warning, is guilty of a civil infraction and shall pay a fine of $110.00, with a second violation resulting in a fine of $200.00.” Sec. 50.134(c).
There are no Florida case that has imposed a parent’s fundamental right to let children wander at night; instead, parents’ liability is governed by statutory duty and local ordinance.
For divorcing or divorced parents, the curfew is a fine example of what is clearly in the best interests of their child. It is clearly in the best interests of the children for the children not to be breaking the law.
In practice, if one parent knowingly allows the child to break the law by violating curfew, that conduct can be presented as not acting in the best interests of the child.
Since Florida courts must make child custody and time sharing decisions based on the “best interests of the child” standard (see Fla. Stat. §61.13(3)) a pattern of curfew violations can serve as compelling evidence that the parent is failing to supervise the child and is not acting in the child’s best interests.
In extreme cases, this can result in a court limiting or modifying that parent’s timesharing or decision-making authority to ensure the child’s safety.
Children should be at home during nighttime hours unless accompanied by a parent. If the other parent is allowing your child to be out late unsupervised, address the issue directly -but aim any consequences at that parent, not the child. You may even consider seeking to limit their nighttime parenting time until it is clear the child will be home at night.
For further guidance, contact my Naples, Florida family law firm to speak with an experienced Florida family law attorney.
