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Florida Statute 856.021 | Lawyer Caselaw & Research
F.S. 856.021 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 856
DRUNKENNESS; OPEN HOUSE PARTIES; LOITERING; PROWLING; DESERTION
View Entire Chapter
F.S. 856.021
856.021 Loitering or prowling; penalty.
(1) It is unlawful for any person to loiter or prowl in a place, at a time or in a manner not usual for law-abiding individuals, under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.
(2) Among the circumstances which may be considered in determining whether such alarm or immediate concern is warranted is the fact that the person takes flight upon appearance of a law enforcement officer, refuses to identify himself or herself, or manifestly endeavors to conceal himself or herself or any object. Unless flight by the person or other circumstance makes it impracticable, a law enforcement officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm or immediate concern which would otherwise be warranted by requesting the person to identify himself or herself and explain his or her presence and conduct. No person shall be convicted of an offense under this section if the law enforcement officer did not comply with this procedure or if it appears at trial that the explanation given by the person is true and, if believed by the officer at the time, would have dispelled the alarm or immediate concern.
(3) Any person violating the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.s. 1, ch. 72-133; s. 1384, ch. 97-102.

F.S. 856.021 on Google Scholar

F.S. 856.021 on Casetext

Amendments to 856.021


Arrestable Offenses / Crimes under Fla. Stat. 856.021
Level: Degree
Misdemeanor/Felony: First/Second/Third

S856.021 - LOITERING - OR PROWLING - M: S



Annotations, Discussions, Cases:

Cases from cite.case.law:

D. M. B. a v. STATE, 254 So. 3d 448 (Fla. App. Ct. 2018)

. . . In April 2016, appellant was charged by petition with loitering or prowling under section 856.021, Florida . . . State , 110 So.3d 101, 104 (Fla. 4th DCA 2013) (quoting § 856.021, Fla. Stat. (2011) ). . . .

I. G. a v. STATE, 245 So. 3d 897 (Fla. App. Ct. 2018)

. . . adjudication of delinquency and placing I.G. on probation for loitering and prowling, under sections 856.021 . . . for his actions of looking into parked vehicles and pulling on door handles in violation of sections 856.021 . . . him without first inquiring as to his identity or asking what he was doing, as required by section 856.021 . . . Section 856.021 provides, in pertinent part, the following: (1) It is unlawful for any person to loiter . . . As such, Detective Mata's actions were consistent with the purpose and intent of section 856.021. . . .

ACEVEDO, v. STATE, 200 So. 3d 196 (Fla. Dist. Ct. App. 2016)

. . . Section 856.021, Florida Statutes (2014), provides: (1) It is unlawful for any person to loiter or prowl . . . The elements of section 856.021 render it a “forward-looking” statute. V.E. v. . . . As the Florida Supreme Court stated in Ecker, the purpose of section 856.021 is to provide law enforcement . . . violation of probation hearing as to the distance from Baillergeon’s house to her property litie. . § 856.021 . . .

DUNN, v. CITY OF BOYNTON BEACH,, 192 F. Supp. 3d 1310 (S.D. Fla. 2016)

. . . declaratory judgment against both Defendants that sections 810.06 (possession of burglary tools) and 856.021 . . . Stat. § 856.021. . . .

UNITED STATES v. WITTEN,, 649 F. App'x 880 (11th Cir. 2016)

. . . . § 856.021(1). . . .

MOCEK, v. CITY OF ALBUQUERQUE F. De La, 813 F.3d 912 (10th Cir. 2015)

. . . . §§ 856.021(2), 901.151(2); Ga.Code Ann. § 16-ll-36(b); Ind.Code § 34-28-5-3.5 (a stopped suspect must . . .

D. J. E. a v. STATE, 178 So. 3d 78 (Fla. Dist. Ct. App. 2015)

. . . To prove loitering and prowling under section 856.021, Florida Statutes, the State must show: 1) the . . . Accordingly, the evidence did not support án adjudication for loitering and prowling under section 856.021 . . .

MADGE, v. STATE, 160 So. 3d 86 (Fla. Dist. Ct. App. 2015)

. . . Some history regarding Florida’s loitering and prowling statute, section 856.021-, Florida Statutes ( . . . violating the provisions of this section shall be guilty of a misdemeanor of the second degree.... § 856.021 . . .

ELLIS, v. STATE, 157 So. 3d 467 (Fla. Dist. Ct. App. 2015)

. . . The crime of loitering or prowling under section 856.021(1), Florida Statutes (2012), has the following . . .

PEREZ- TEJON, v. STATE, 147 So. 3d 1094 (Fla. Dist. Ct. App. 2014)

. . . Section 856.021 of the Florida Statutes (2007), the loitering or prowling statute, provides as follows . . . The case law interpreting section 856.021 has found that the State must prove two elements to support . . . Id.; see also § 856.021(1). . . . textbook examples of the “alarm” required in the statute, and are even specifically mentioned in section 856.021 . . .

J. S. a v. STATE, 147 So. 3d 608 (Fla. Dist. Ct. App. 2014)

. . . State, 110 So.3d 101, 104 (Fla. 4th DCA 2013) (quoting § 856.021, Fla. Stat. (2011)). . . .

W. McCLAMMA, v. STATE, 138 So. 3d 578 (Fla. Dist. Ct. App. 2014)

. . . See § 856.021, Fla. Stat. (2011). . . . and, if believed by the officer at the time, would have dispelled the alarm or immediate concern. § 856.021 . . . Section 856.021(1) requires the defendant to commit conduct that “warrantfs] a justifiable and reasonable . . . to give a statement to “dispel any alarm or immediate concern which would otherwise be warranted.” § 856.021 . . . See § 856.021(2). It is far from clear in this case that Mr. . . .

R. R. a v. STATE, 137 So. 3d 535 (Fla. Dist. Ct. App. 2014)

. . . .” § 856.021(1), Fla. Stat. (2012). See also C.H.S. v. . . .

C. C. a v. STATE, 137 So. 3d 466 (Fla. Dist. Ct. App. 2014)

. . . concern for the safety of persons or property in the vicinity.’ ” E.F., 110 So.3d at 104 (quoting § 856.021 . . . (quoting § 856.021(2), Fla. Stat. (2012)) (emphasis added). . . .

UNITED STATES v. TORRES- BONILLA,, 556 F. App'x 875 (11th Cir. 2014)

. . . . §§ 848.02, 856.021. Detective Sealy then searched Torres-Bonilla. . . . Moreover, there was probable cause to arrest Torres-Bonilla under section 856.021, Florida Statutes, . . . Stat. § 856.021(1). . . . Stat. § 856.021(1); Ecker, 311 So.2d at 106. . . . Stat. § 856.021(1), Watts, 463 So.2d at 207; Ecker, 311 So.2d at 106. . . .

W. D. v. STATE, 132 So. 3d 871 (Fla. Dist. Ct. App. 2014)

. . . Section 856.021, Florida Statutes (2010), defines loitering and prowling. . . .

WRIGHT, v. STATE, 126 So. 3d 420 (Fla. Dist. Ct. App. 2013)

. . . Section 856.021(1), Florida Statutes (2009), makes it “unlawful for any person to loiter or prowl in . . . and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.” § 856.021 . . .

M. J. a v. STATE, 121 So. 3d 1151 (Fla. Dist. Ct. App. 2013)

. . . Section 856.021, Florida Statutes (2012), provides: “It is unlawful for any person to loiter or prowl . . . and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.” § 856.021 . . . ” this is a circumstance for consideration in determining the alarm or immediate concern element. § 856.021 . . . Id. at 983 (quoting § 856.021(1), Fla. Stat. (2010)). . . .

JONES, v. STATE, 117 So. 3d 818 (Fla. Dist. Ct. App. 2013)

. . . Section 856.021(1), Florida Statutes (2010), makes it “unlawful for any person to loiter or prowl in . . . and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.” § 856.021 . . .

S. K. W. v. STATE, 112 So. 3d 775 (Fla. Dist. Ct. App. 2013)

. . . See § 856.021(1), Fla. Stat. (2011). . . . Section 856.021(1) defines loitering or prowling as follows: It is unlawful for any person to loiter . . .

E. F. a v. STATE, 110 So. 3d 101 (Fla. Dist. Ct. App. 2013)

. . . present evidence sufficient to prove either of the two elements of the crime as set forth in section 856.021 . . . See § 856.021, Fla. Stat. (2011); see also J.M.C. v. . . . Id.-, see also § 856.021(2), Fla. Stat. (2011). . . .

M. R. a v. STATE, 101 So. 3d 389 (Fla. Dist. Ct. App. 2012)

. . . adjudication of delinquency and final disposition of a loitering and prowling charge under section 856.021 . . . Section 856.021, Florida Statutes (2010), provides that “[i]t is unlawful for any person to loiter or . . . and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.” § 856.021 . . . See §§ 856.021(1) & 856.021(2), Fla. Stat.; see also A.L. v. . . . E.C., 724 So.2d at 1244; see also § 856.021(2). . . .

P. R. a v. STATE, 97 So. 3d 980 (Fla. Dist. Ct. App. 2012)

. . . .” § 856.021(1), Fla. Stat. (2010); Hollingsworth v. State, 991 So.2d 990, 992 (Fla. 4th DCA 2008). . . . and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.” § 856.021 . . . identify himself or herself, or manifestly endeavors to conceal himself or herself or any object.” § 856.021 . . .

A. L. a v. STATE, 84 So. 3d 1272 (Fla. Dist. Ct. App. 2012)

. . . See § 856.021(1), Fla. Stat. (2010); State v. Ecker, 311 So.2d 104, 110 (Fla.1975). . . . CONCLUSION Because neither element necessary to establish a crime under section 856.021(1), Florida Statutes . . .

A. M. O. A v. STATE, 67 So. 3d 420 (Fla. Dist. Ct. App. 2011)

. . . holding that A.M.O.’s conviction cannot stand based on the application of the last sentence of section 856.021 . . . When the State rested, A.M.O. moved for a judgment of dismissal, arguing that according to section 856.021 . . . was not asked to identify himself, only why he was wearing the mask on his head, contrary to section 856.021 . . . Section 856.021 provides: 856.021. . . .

CRAFT, ZC, ZC, v. OLSZEWSKI, F., 428 F. App'x 919 (11th Cir. 2011)

. . . . § 856.021.” (R.3-59 at 12.) . . .

MILLS, v. STATE, 58 So. 3d 936 (Fla. Dist. Ct. App. 2011)

. . . See § 856.021, Fla. Stat. (2008). There are two elements to the crime of loitering and prowling. . . .

SIMMS, v. STATE, 51 So. 3d 1264 (Fla. Dist. Ct. App. 2011)

. . . Section 856.021, Florida Statutes (2008), outlaws loitering or prowling: (1) It is unlawful for any person . . . loitering or prowling “in a place, at a time or in a manner not usual for law-abiding individuals....” § 856.021 . . . justifiable and reasonable alarm or immediate concern for the safety of persons or property....” § 856.021 . . . , refusal to identify himself, or “manifest[ ] endeavor[ ] to conceal himself ... or any object.” § 856.021 . . . for that instead of loitering or prowling)); see also Ecker, 311 So.2d at 111 (“The use of Section 856.021 . . .

S. J. a v. STATE, 50 So. 3d 102 (Fla. Dist. Ct. App. 2010)

. . . Section 856.021, Florida Statutes, provides, in relevant part: (1) It is unlawful for any person to loiter . . . requesting the person to identify himself or herself and explain his or her presence and conduct. § 856.021 . . .

R. FERGUSON, v. STATE, 39 So. 3d 551 (Fla. Dist. Ct. App. 2010)

. . . Section 856.021(1), Florida Statutes (2008), provides, “It is unlawful for any person to loiter or prowl . . . requesting the person to identify himself or herself and explain his or her presence and conduct.” § 856.021 . . .

UNITED STATES v. CRESPO,, 378 F. App'x 931 (11th Cir. 2010)

. . . . § 856.021(2), and possession of burglary tools, Fla. Stat. § 810.06. . . .

HUNTER, v. STATE, 32 So. 3d 170 (Fla. Dist. Ct. App. 2010)

. . . the elements of loitering and prowling: To prove a charge of loitering and prowling, under section 856.021 . . .

POVIONES, v. STATE, 15 So. 3d 599 (Fla. Dist. Ct. App. 2009)

. . . According to section 856.021(1), Florida Statutes (2004), the elements of loitering and prowling are: . . .

K. H. a v. STATE, 8 So. 3d 1155 (Fla. Dist. Ct. App. 2009)

. . . the front porch of KH.’s house, and arrested him for loitering and prowling in violation of section 856.021 . . .

D. S. D. a J. T. D. a v. STATE, 997 So. 2d 1191 (Fla. Dist. Ct. App. 2008)

. . . . § 856.021, Fla. Stat. (2007); C.H.S. v. State, 795 So.2d 1087, 1090 (Fla. 2d DCA 2001). . . .

LUGO, v. STATE, 992 So. 2d 415 (Fla. Dist. Ct. App. 2008)

. . . . § 856.021(1), Fla. Stat. (2004). See also State v. . . . See § 856.021(2) Fla. Stat. (2004). . . .

HOLLINGSWORTH, v. STATE, 991 So. 2d 990 (Fla. Dist. Ct. App. 2008)

. . . Hollingsworth of loitering and prowling in violation of section 856.021, Florida Statutes (2004). . . . .” § 856.021(1), Fla. Stat. (2004). . . . State, 951 So.2d 100, 102 (Fla. 4th DCA 2007) (citing § 856.021(2), Fla. Stat. (2004)). . . .

STEPHENS, v. STATE, 987 So. 2d 182 (Fla. Dist. Ct. App. 2008)

. . . As mentioned above, we limit our discussion to Stephens’s conviction for loitering and prowling, § 856.021 . . .

T. R. T. v. STATE, 982 So. 2d 1209 (Fla. Dist. Ct. App. 2008)

. . . State, 749 So.2d 548, 549 (Fla. 2d DCA 2000) (quoting § 856.021, Fla. Stat. (1995)). . . .

G. M. a v. STATE, 981 So. 2d 529 (Fla. Dist. Ct. App. 2008)

. . . . § 856.021, Fla. Stat. (2007). . . .

J. M. C. a v. STATE, 956 So. 2d 1235 (Fla. Dist. Ct. App. 2007)

. . . The offense of loitering or prowling is defined under section 856.021, Florida Statutes (2005): (1) It . . . and reasonable alarm or immediate concern for the safety of persons or property in the vicinity. § 856.021 . . .

MITCHELL, v. STATE, 955 So. 2d 640 (Fla. Dist. Ct. App. 2007)

. . . his observations, the officer suspected Mitchell of loitering and prowling in violation of section 856.021 . . . State, 951 So.2d 100 (Fla. 4th DCA 2007) (citing § 856.021(1), Fla. Stat. (2005)). . . . (citations omitted); see also § 856.021(2), Fla. Stat. (2005). . . .

B. J. a v. STATE, 951 So. 2d 100 (Fla. Dist. Ct. App. 2007)

. . . B.J. appeals his adjudication of delinquency for loitering and prowling in violation of section 856.021 . . . and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.” § 856.021 . . .

NICOL, Jr. v. STATE, 939 So. 2d 231 (Fla. Dist. Ct. App. 2006)

. . . otherwise be warranted by his presence near the 7-Eleven, which he claimed was required by section 856.021 . . . Section 856.021(2) provides: (1) It is unlawful for any person to loiter or prowl in a place, at a time . . .

BOWSER, v. STATE, 937 So. 2d 1270 (Fla. Dist. Ct. App. 2006)

. . . Here, Bowser was allegedly loitering and prowling in violation of section 856.021, Florida Statutes ( . . . Section 856.021(1) makes it unlawful “to loiter or prowl in a place, at a time or in a manner not usual . . .

G. STANLEY, v. STATE, 922 So. 2d 411 (Fla. Dist. Ct. App. 2006)

. . . 5 of his probation by committing a new offense on June 21, 2004 — prowling, a violation of section 856.021 . . .

RUCKER, v. STATE, 921 So. 2d 857 (Fla. Dist. Ct. App. 2006)

. . . Loitering and Prowling Section 856.021, Florida Statutes (2003), makes it unlawful “to loiter or prowl . . .

B. A. O. v. STATE, 932 So. 2d 301 (Fla. Dist. Ct. App. 2006)

. . . adjudication but finding he had committed the delinquent act of loitering and prowling under section 856.021 . . .

MASH, v. STATE, 920 So. 2d 67 (Fla. Dist. Ct. App. 2005)

. . . . § 856.021(1), Fla. Stat. (2004); Grant v. . . .

A. F. v. STATE, 912 So. 2d 374 (Fla. Dist. Ct. App. 2005)

. . . ." § 856.021(1), Fla. Stat. (2004). . . .

G. G. A v. STATE, 903 So. 2d 1031 (Fla. Dist. Ct. App. 2005)

. . . See 856.021(2), Fla. Stat. (2004). . . .

S. KITTLES, v. STATE, 897 So. 2d 517 (Fla. Dist. Ct. App. 2005)

. . . Loitering and prowling under section 856.021(1), Florida Statutes (2002) involves conduct that occurs . . .

NICOL, v. STATE, 892 So. 2d 1169 (Fla. Dist. Ct. App. 2005)

. . . .2d 1340 (Fla. 2d DCA 1996), a case which recognizes that the loitering and prowling statute, section 856.021 . . .

HIIBEL v. SIXTH JUDICIAL DISTRICT COURT OF NEVADA, HUMBOLDT COUNTY,, 542 U.S. 177 (U.S. 2004)

. . . . §856.021(2) (2003); Ga. Code Ann. §16-11-36(b) (2003); Ill. Comp. . . .

BATTLE, v. STATE, 868 So. 2d 587 (Fla. Dist. Ct. App. 2004)

. . . Section 856.021, Florida Statutes (2002), provides: (1) It is unlawful for any person to loiter or prowl . . . Section 856.021(2) specifically provides that endeavors to conceal oneself or any object are circumstances . . . State, 795 So.2d 1087, 1090 (Fla. 2d DCA 2001) (noting “[a]larm is presumed under [856.021] if the defendant . . .

GRANT, v. STATE, 854 So. 2d 240 (Fla. Dist. Ct. App. 2003)

. . . See § 856.021(1), Fla. Stat. (2000); see also Von Goff v. . . .

UNITED STATES v. FRANKLIN,, 323 F.3d 1298 (11th Cir. 2003)

. . . . § 856.021(1). Franklin’s behavior at the time of the incident did not meet these requirements. . . . Stat. § 856.021, provides as follows: Loitering or prowling; penalty. (1) It is unlawful for any person . . . . § 856.021 (2000). . . . Ann. § 856.021(2). . . .

S. P. a v. STATE, 833 So. 2d 267 (Fla. Dist. Ct. App. 2002)

. . . afternoon, was insufficient to establish the elements of loitering and prowling as required by section 856.021 . . . . § 856.021, Fla. Stat. (2001) (emphasis added). . . .

GONZALEZ, v. STATE, 828 So. 2d 496 (Fla. Dist. Ct. App. 2002)

. . . Ecker, 311 So.2d 104, 106 (Fla.1975)); § 856.021, Fla. Stat. (2002). . . . There is no evidence that Gonzalez fled the area "upon appearance of a law enforcement officer." § 856.021 . . .

A. D. a v. STATE, 817 So. 2d 1027 (Fla. Dist. Ct. App. 2002)

. . . a juvenile, appeals from a finding of guilt for the offense of loitering and prowling under section 856.021 . . . Under section 856.021(1), Florida Statutes (2001), the offense of loitering and prowling has two distinct . . .

MAPLES, v. STATE, 804 So. 2d 599 (Fla. Dist. Ct. App. 2002)

. . . . § 856.021, Fla. Stat. .§ 843.02, Fla. Stat. . See State v. . . .

C. H. S. v. STATE, 795 So. 2d 1087 (Fla. Dist. Ct. App. 2001)

. . . . § 856.021, Fla. Stat. (1999). . . .

A. RINEHART, v. STATE, 778 So. 2d 331 (Fla. Dist. Ct. App. 2000)

. . . .” § 856.021, Fla. Stat. (1997); see J.S.B. v. State, 729 So.2d 456, 457 (Fla. 2d DCA 1999). . . . .” § 856.021, Fla.Stat. (2000); see also State v. Ecker, 311 So.2d 104, 106 (Fla.1975). . . .

UNITED STATES v. GORDON,, 231 F.3d 750 (11th Cir. 2000)

. . . . § 856.021); evidence seized from Gordon’s car at the time of that arrest gave rise to the robbery-related . . . Stat. § 856.021(1). . . . Id. § 856.021(2). . . .

R. M. v. STATE, 754 So. 2d 849 (Fla. Dist. Ct. App. 2000)

. . . R.M. appeals his conviction for loitering and prowling in violation of section 856.021, Florida Statutes . . .

BAKER, v. STATE, 754 So. 2d 154 (Fla. Dist. Ct. App. 2000)

. . . See section 856.021, Fla. Stat. (1999). . . .

JAUDON, v. STATE, 749 So. 2d 548 (Fla. Dist. Ct. App. 2000)

. . . facts showing either an imminent breach of peace or threat to public safety as required by section 856.021 . . . and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.” § 856.021 . . .

B. D. K. a v. STATE, 743 So. 2d 1155 (Fla. Dist. Ct. App. 1999)

. . . See § 856.021(2), Fla. Stat. (1997). . . .

J. S. B. v. STATE, 729 So. 2d 456 (Fla. Dist. Ct. App. 1999)

. . . Therefore, the State failed to establish a prima facie case under section 856.021, Florida Statutes ( . . .

E. C. a v. STATE, 724 So. 2d 1243 (Fla. Dist. Ct. App. 1999)

. . . To prove a charge of loitering and prowling, under section 856.021, Florida Statutes, the state must . . .

ADSIDE, v. STATE, 722 So. 2d 228 (Fla. Dist. Ct. App. 1998)

. . . . § 856.021, Fla. Stat. (1995). . . . .

D. G. a v. STATE, 714 So. 2d 644 (Fla. Dist. Ct. App. 1998)

. . . Section 856.021, Florida Statutes, makes it illegal “for any person to loiter or prowl in a place, at . . .

GRAHAM, v. STATE, 714 So. 2d 1142 (Fla. Dist. Ct. App. 1998)

. . . . § 856.021(2). I would hold that a brief stop is authorized under these circumstances. . . .

CHARTON, v. STATE, 716 So. 2d 803 (Fla. Dist. Ct. App. 1998)

. . . In Ecker, while addressing the constitutionality of the loitering and prowling statute, see section 856.021 . . .

R. S. A v. STATE, 710 So. 2d 640 (Fla. Dist. Ct. App. 1998)

. . . Wilkinson arrested R.S. for loitering or prowling pursuant to section 856.021, Florida Statutes (1995 . . .

STATE v. M. CORTEZ,, 705 So. 2d 676 (Fla. Dist. Ct. App. 1998)

. . . :00 p.m. the defendants were placed under arrest for loitering and prowling in violation of section 856.021 . . . Section 856.021, Florida Statutes, defines the offense as follows: “It is unlawful for any person to . . . Id. § 856.021(1). . . . to stress that the circumstances inferred from this record would constitute a violation of Section 856.021 . . .

COLEMAN, v. STATE, 707 So. 2d 767 (Fla. Dist. Ct. App. 1998)

. . . Section 856.021, Florida Statutes (1995). . . .

L. K. B. a v. STATE, 697 So. 2d 191 (Fla. Dist. Ct. App. 1997)

. . . See § 856.021, Fla. Stat.; State v. Ecker. . . . See § 856.021(2), Fla. Stat. . . . J., and DAUKSCH, J., concur. ' . § 856.021, Fla. Stat. (1995). . § 843.02, Fla. Stat. (1995). . . . To prove a charge of loitering and prowling under section 856.021, the state must show (1) that the defendant . . . I note further that section 856.021 reaches the outer limits of constitutionality and that it should . . .

DAVIS, v. STATE, 695 So. 2d 836 (Fla. Dist. Ct. App. 1997)

. . . See § 856.021, Fla. Stat. (1995). . . . If the officers’ investigation “dispel[led] any alarm or immediate concern,” § 856.021(2), before the . . . of a law enforcement officer is a statutory factor supporting an investigatory stop for loitering. § 856.021 . . .

C. SMITH, v. STATE, 695 So. 2d 864 (Fla. Dist. Ct. App. 1997)

. . . ), the supreme court addressed the constitutionality of the loitering and prowling statute, section 856.021 . . . State, 573 So.2d 148 (Fla. 2d DCA 1991) (section 856.021 does not proscribe particular conduct, so it . . .

VON GOFF, v. STATE, 687 So. 2d 926 (Fla. Dist. Ct. App. 1997)

. . . ground there was no imminent breach of the peace or threat to public safety as required by section 856.021 . . .

COX, v. STATE, 687 So. 2d 25 (Fla. Dist. Ct. App. 1996)

. . . . § 856.021, Fla. Stat. . . .

BROWN, v. STATE, 684 So. 2d 265 (Fla. Dist. Ct. App. 1996)

. . . appellant violated his community control by committing the offense of loitering and prowling, section 856.021 . . .

STATE v. RIVAS- MARMOL,, 679 So. 2d 808 (Fla. Dist. Ct. App. 1996)

. . . Although Coron did not involve section 316.1932, Florida Statutes (1993), it did involve section 856.021 . . .

D. L. B. v. STATE, 685 So. 2d 1340 (Fla. Dist. Ct. App. 1996)

. . . 1994, a petition charged the juvenile appellant with loitering and prowling, in violation of section 856.021 . . . These circumstances show that the police did not comply with subsection (2) of section 856.021 which . . .

WILLIAMS, v. STATE, 674 So. 2d 885 (Fla. Dist. Ct. App. 1996)

. . . Section 856.021(1), Florida Statutes (1993), prohibits any person from loitering or prowling in a time . . .

McGEE, v. STATE, 673 So. 2d 186 (Fla. Dist. Ct. App. 1996)

. . . Appellant was charged not with a drug offense, but only with loitering and prowling under section 856.021 . . . and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.” § 856.021 . . . proof, required for conviction of the statutory offense, that the officer complied with the section 856.021 . . . State, 440 So.2d 601 (Fla. 3d DCA 1983); § 856.021(2), Fla.Stat. (1993). . . .

C. D. B. a v. STATE, 662 So. 2d 738 (Fla. Dist. Ct. App. 1995)

. . . C.D.B. was adjudicated delinquent for loitering or prowling, in violation of section 856.021, Florida . . . C.D.B. was accused of violating section 856.021, Florida Statutes (1993), which provides: (1) It is unlawful . . . and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.” § 856.021 . . . business hours and after the Crab Pot's burglary alarm activated contrary to the provisions of Section 856.021 . . .

R. D. W. a v. STATE, 659 So. 2d 1193 (Fla. Dist. Ct. App. 1995)

. . . At the trial on the amended petition of delinquency charging R.D.W. with violating section 856.021, Florida . . . Section 856.021(1) provides that: [i]t is unlawful for any person to loiter or prowl in a place, at a . . .

MARTIN, v. STATE, 658 So. 2d 1153 (Fla. Dist. Ct. App. 1995)

. . . Section 856.021(1), Florida Statutes (1993) makes it unlawful for any person to loiter or prowl in a . . .

STATE v. J. LOOKRETIS,, 657 So. 2d 1237 (Fla. Dist. Ct. App. 1995)

. . . guilty to possession of cocaine and to loitering and prowling, in violation of sections 893.13 and 856.021 . . . A loitering and prowling conviction under section 856.021 requires proof that the defendant was loitering . . . Furthermore, the defendant was given an opportunity to dispel the deputies alarm as required by section 856.021 . . .

W. A. E. a v. STATE, 654 So. 2d 193 (Fla. Dist. Ct. App. 1995)

. . . delinquency was filed against the appellant charging him with loitering and prowling, in violation of section 856.021 . . . In order to sustain a conviction for loitering and prowling under section 856.021, there must be proof . . .

K. R. R. a v. STATE, 629 So. 2d 1068 (Fla. Dist. Ct. App. 1994)

. . . delinquent upon finding he had committed the offense of loitering and prowling, in violation of section 856.021 . . . Under section 856.021(1) and E.B. v. . . . officer appears, the defendant flees, conceals himself or any object, or refuses to identify himself. § 856.021 . . .

STATE v. L. GIBBONS,, 617 So. 2d 854 (Fla. Dist. Ct. App. 1993)

. . . which defendant was charged with, among other things, loitering and prowling in violation of section 856.021 . . .

FREEMAN, v. STATE, 617 So. 2d 432 (Fla. Dist. Ct. App. 1993)

. . . Section 856.021, Fla.Stat. (1991). . . .

C. WYCHE, v. STATE, 619 So. 2d 231 (Fla. 1993)

. . . Section 856.021, Fla.Stat. (1973). . . . for greater punishment than that provided for the same offense under the loitering statute, section 856.021 . . . Florida’s loitering statute, section 856.021, Florida Statutes (1987), and its prostitution and solicitation . . . Sections 856.021(3), 796.07(5), 775.-082(4)(b), Fla.Stat. (1987). . . .

POTTINGER, v. CITY OF MIAMI,, 810 F. Supp. 1551 (S.D. Fla. 1992)

. . . prohibiting being in the park after hours); for loitering and prowling in violation of Florida Statutes § 856.021 . . .

GRIFFIN, v. STATE, 603 So. 2d 48 (Fla. Dist. Ct. App. 1992)

. . . based on Griffin’s arrest for the misdemeanor offense of loitering and prowling, contrary to section 856.021 . . . warranting a justifiable and reasonable alarm or immediate concern for the safety of' person or property. § 856.021 . . . enforcement officer, refusal to identify oneself, or a manifest endeavor to conceal oneself or an object. § 856.021 . . .

BAIN, v. STATE, 595 So. 2d 590 (Fla. Dist. Ct. App. 1992)

. . . However, we hold that ground number three, unlawful loitering or prowling in violation of section 856.021 . . .

STATE v. E. L. a R. W. a, 595 So. 2d 981 (Fla. Dist. Ct. App. 1992)

. . . We begin our analysis with a consideration of Florida’s loitering and prowling statute, section 856.021 . . . The Florida Supreme Court considered section 856.021 in State v. . . . States Supreme Court issued its opinion in Kolender, the Florida Supreme Court reconsidered section 856.021 . . .