Florida curfew law, set by Section 877.22 of the Florida Statutes, keeps minors out of public places overnight: 11:00 PM to 5:00 AM on Sunday through Thursday, and 12:01 AM to 6:00 AM on Fridays, Saturdays, and legal holidays. A first violation is a written warning. Any violation after that is a civil infraction with a $50 fine. Counties and cities can impose stricter rules on top of the state law, so what applies where you live may go further than the statute.
Curfew Hours by Day of Week
The statewide hours split along the school-week calendar:
- Sunday through Thursday nights (school nights, unless the night falls on a legal holiday): 11:00 PM to 5:00 AM the next morning.
- Friday nights, Saturday nights, and legal holidays: 12:01 AM to 6:00 AM.
These hours apply everywhere in Florida. Local ordinances may extend them, but they cannot shrink the window below what the state sets.
Who and Where the Curfew Covers
The curfew applies to anyone under 18 in a public place or establishment during the restricted hours. “Public place or establishment” is read broadly. Sidewalks, parks, parking lots, restaurants, and businesses open to the public all count. A minor sitting in a parked car in a public lot at 1:00 AM is in violation just as much as one walking down the street.
Section 877.22 also carries a separate daytime rule that catches people off guard. Minors currently serving a suspension or expulsion from school may not be in a public place, an establishment, or within 1,000 feet of any school during school hours. That restriction is independent of the nighttime curfew and applies only while the suspension or expulsion is active.
When the Curfew Doesn’t Apply
The statute lists several situations that take a minor out of curfew coverage. Officers are supposed to check for them before doing anything else.
- 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 actively working. Documentation from an 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, so long as adults supervise it.
- 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 a different category. Once a court has granted 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 is the practical way to avoid an unnecessary stop.
Penalties for a Violation
The state-level penalty is lighter than most people expect. A first curfew violation results in a written warning only. No fine, no court appearance, no record beyond the warning itself.
If a minor already has a written warning on file and violates the curfew again, each later violation is a civil infraction carrying a $50 fine. That is the ceiling under the statute. Section 877.22 does not authorize community service, mandatory counseling, probation, or juvenile detention for a curfew violation on its own. It also imposes no fine on the parent or guardian.
The confusion usually lands on two points: the $50 is charged to the minor, not the parent, and it only applies after a prior warning. Local ordinances in some Florida counties add consequences the state statute does not, including higher fines and parental accountability measures, so the real-world penalty depends partly on the county or city.
What Happens During a Stop
When an officer finds a minor in violation and takes them into custody, the statute directs 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 the minor’s information is recorded, the agency must try to reach a parent or guardian and ask them to pick the minor up. If the agency cannot make contact within two hours, or the parent refuses to take custody, officers may drive the minor home or proceed under Chapter 39 of the Florida Statutes. That second path is generally reserved for situations showing signs of neglect, abandonment, or danger at home.
Before any of that, officers are expected to ask why the minor is out. If an exception applies, the stop should end there. The Orlando Police Department’s written policy, for example, tells officers to check for every listed exception and take no enforcement action if one fits.
Fourth Amendment protections still apply during a curfew stop. An officer needs reasonable suspicion that the person is both under 18 and out during restricted hours before detaining them. The stop is limited to confirming age, identity, and whether an exception applies. It does not authorize searching a backpack or belongings without consent, a warrant, or another recognized basis. A minor can answer questions about age and purpose, name the exception that applies, and provide identification without agreeing to a broader search.
Stricter Local Rules
Section 877.22 sets a floor. Counties and cities can adopt tighter hours, broader definitions, or stiffer penalties, and two well-known examples show how far the local variation can go.
Miami-Dade County bars minors from 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, so the restricted window is an hour longer.
The city of Orlando operates under a Youth Protection Ordinance that lets officers issue trespass warnings to 16- and 17-year-olds who carry a valid Florida ID, instead of taking them into custody.
If you are not sure what applies in your area, check your county or city code. The state statute always applies. Local rules can extend the hours, change how enforcement works, or add penalties that reach the parent as well as the minor.