State v. M.O.

This is an appeal from an order dismissing a petition for delinquency.

At issue is whether a person who is a student at a public school can be properly arrested for trespass on the grounds of that school.1

Section 228.091(2), Florida Statutes (1991) provides:(2) Any person who:(a) 1. Is not a student, officer, or employee of a public school;

2. Does not have legitimate business on the campus or any other authorization, license, or invitation to enter or remain upon school property; or

3. Is not a parent, guardian, or person who has legal custody of a student enrolled at such school; or(b) 1. Is a…