Loitering or Prowling by Certain Offenders Near Children
Specified offenders with convictions involving minors who loiter or prowl within 500 feet of where children congregate, or unlawfully contact, communicate with, or approach children at specified locations.
Florida Statute
§ 856.022
Loitering or prowling by certain offenders in close proximity to children; prohibition on contact or communication with children in certain locations; penalty
Verified against the 2026 Florida Statutes: September 13, 2026
Current provision effective: July 1, 2026
Quick Summary
First confirm the person has a qualifying conviction involving a minor and has not been removed from the registration requirement. Then identify the applicable location and prohibited loitering, presence, contact, communication, or approach conduct.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Any Violation
F.S. § 856.022(5)
A violation of the statute's covered loitering/prowling, contact/communication/approach, or school/child-care presence provisions.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
The State must prove this status and one conduct track
The defendant had a qualifying conviction involving a victim younger than 18 and had not been removed from the sexual-offender or sexual-predator registration requirement under F.S. § 943.04354.
Plain language: The defendant must be a person covered by the statute because of a qualifying offense involving a minor.
- Element 2OR — Alternative
One prohibited conduct track must be proven
The defendant committed one prohibited conduct track: loitered or prowled within 500 feet of a place where children congregate; knowingly contacted, communicated with, or approached with intent to contact or communicate with a person younger than 18 at a covered park, playground, or public swimming pool; or was present at a covered school or child care facility without complying with the statutory requirements.
Plain language: Identify the covered location and which prohibited conduct track occurred. The school and child-care track has listed exceptions.
Jury Instructions
Jury Instructions
No dedicated Florida Standard Jury Instruction was located in the July 2026 compilation. Consult the current statute, applicable case law, and agency or legal guidance.
View Official Jury InstructionsImportant Definitions
Important Definitions
Qualifying conviction
The statute lists qualifying convictions and similar out-of-state offenses involving a victim younger than 18. Confirm the statutory list and the person's registration-removal status.
Place where children congregate
The statute uses this phrase for the 500-foot loitering-or-prowling track. Document the location and the factual basis that children congregate there.
Additional Notes
Additional Notes
Quick Reference
Confirm the qualifying conviction and registration-removal status before relying on this statute. Then document the covered place, conduct track, knowledge, and any school or child-care exception.
Family or Household Exception
The park, playground, and public-swimming-pool contact prohibition does not prohibit contact with a family or household member as defined in F.S. § 741.28.