The South Central Avenue resident wanted the Flagler Beach city commissioners to know what had happened a week and a half earlier: “I’m coming home from an event, 2 o’clock in the morning, and a kid, couldn’t be more than 11 years old, zooms right out in front of my car on a skateboard. I nearly hit him. We ended up having a quick discussion. I took him home because I was like, dude, you’re going to get run over by a car like that. So I’m just glad this is happening.”
What was happening was the Flagler Beach City Commission’s adoption on second reading last month of an ordinance that enacts a curfew for children younger than 16 unaccompanied by a parent or guardian between 11 p.m. and 5 a.m. Sunday through Thursday, and between midnight and 6 a.m. on Saturdays, Sundays and legal holidays. The ordinance incorporates a provision of state law that gives local governments the authority to impose curfews, if they choose to do so. Palm Coast has not enacted a juvenile curfew.
“This is simply adopting the state program for juvenile curfew. We are not going above that” City Attorney Drew Smith said.
Flagler Beach Police Chief Matt Doughney said there was not a major “triggering event” that led to the ordinance. “We had a couple small ones. But should we wait for a really bad triggering event to do this?” Doughney said, speaking at last Saturday’s “Coffee with Commissioner Spradley,” the weekly town-hall-like event the commission chair hosts at his law firm in Flagler Beach. Doughney and Smith were both guests.
“All you have to do is have one 13 or 14 year old get abducted when they’re out at 1 or 2 o’clock in the morning, and now it’s a disaster. So the old adage that your mom or dad probably told you that nothing good happens after 11 o’clock, it still rings true in 2024. 13, 14, and 15 year old kids, in my opinion, should not be out after 11 o’clock at night. And the Florida Legislature agreed.”
A minor who violates curfew is subject to a written warning for a first violation, and is guilty of a civil infraction on a second offense, with a $50 fine for that and subsequent offenses, but no harsher penalties. Parents or guardians who knowingly allow their child to violate curfew are subject to the same penalties–a written warning first, then a $50 fine.
“If you’re out at 1 o’clock in the morning as a 13 year old, what places are open? They can’t go to Finn’s, they can’t go to Poor Walt’s,” the police chief said, referring to two downtown bars. “They can either hang out at the 7-Eleven or they can roam and become the victim of a crime, or be involved in criminal activity.” (There appears to be no room, in state law or in the city ordinance, for the a teenager simply walking the streets for the pleasure, or the hell, of it, or to get a break from unbearable adults or an endlessly wailing infant, or to get some air during an intense all-nighter study session before an IB exam, or to glimpse the ocean under the stars during a vacation.)
When police determine a child is in violation, police are required either to take the child to an organization that has agreed to be part of the curfew program as a safe haven–it has to be a charitable, civic or religious organization–or to the police station, where contact is made with the child’s parents, who are required to pick up the child. Failing that, police have the authority to take the child home. No criminal infraction is recorded.
In Flagler Beach, there’s been no need to invoke any of those measures in the few weeks the ordinance has been in effect. The aim is to educate, not cite.
“The ordinance was not to punish kids. It was to make this ordinance a tool in law enforcement’s tool box where if we see kids that we believe are underage, is to confirm how old they are and to get them back to their families, which is where they belong,” Doughney said. “With this ordinance comes common sense and discretion. You see someone that’s standing out of at a dune walkover at 1 o’clock in the morning, and they’re 14 years old, but they’re staying at an Airbnb a block away, you just help them get back home. But we had a 13 year old girl trying to get someone to buy her beer at the 7-Eleven at 12:30 a.m.”
Doughney also mentioned the January 2023 incident when siblings Gabriella and Nicholas Alo attacked a 15-year-old boy at Wickline Park, prompting Kaitlin Dahme to rush to the rescue–only for Gabriela Alo to run her over with Alo’s car. Alo was sentenced to six years in prison, her brother to two years. The incident took place just before midnight. “So it’s predictable. It’s preventable. The ordinance was put in place unanimously because the commission understands that ordinance is a commitment for the safety of our youth. Period.”
Numerous exceptions apply. The curfew does not apply to children accompanied by parents or authorized guardians, when the child is on an emergency errand–say, a trip to 7-Eleven for medicines–attending, going to or coming back from an event protected by the First Amendment (for example, a late night demonstration at Veterans Park), going or coming back to work, or working late, or even being on the sidewalk in front of one’s home or a next door neighbor’s home, and so on.
The state law was rewritten as part of a more controversial bill in the last session of the Legislature–HB 49, the bill that loosened restrictions on labor regulations for 16 and 17 year olds.
Joe D says
It’s a shame the Government has to step in to enforce child supervision, which SHOULD be the responsibility of their parents!
As a retired Child and Family therapist, I had to MANY times inform my client’s parents that THEY were their child’s PARENT, NOT their child’s FRIEND! Their children were going to have MANY friends, but only 2 PARENTS.
Yes, their children were not going to like rules, and could even bring out the “I HATE you for RUINING my LIFE,” response, but that’s the responsibility of a parent.
The curfew rules are completely APPROPRIATE. If anything, they are somewhat on the Lenient side.
Some of the issue is that some PARENTS aren’t particularly responsible themselves. Alcohol, drugs, mental illness, and physical abuse can affect the parent’s ability to be an APPROPRIATE parent. The children are frequently left to essentially RAISE THEMSELVES. Also, children as young as 12 and 13 are left in charge of younger siblings for EXTENDED periods of time.
I’m HOPING that these community holding centers have the ability to offer resources to assist at risk families.
I also hope that there is a mechanism (in addition to fines) of dealing with a child, and a FAMILY where there is FREQUENT violation of this curfew guideline.
Andy Montgomery says
I applaud the Chief on his sane implementation and heart for kids.
Bill Boots says
Who does the Chief answer to, the Flagler Beach City Commission, that passed that curfew, or does the FBCC answer to the Chief?
FlaglerLive says
The chief answers to the commission. But as Mr Montgomery accurately notes, the chief implements the ordinance.
Skibum says
As the saying goes, “nothing good ever happens after midnight”, and I would certainly agree that in the case of unaccompanied teenagers wandering around or merely “hanging out” after 11 PM, the same could and should be said of them. I wish more communities would place appropriate restrictions on anyone under 18 years of age who is found to be “hanging out” during the wee hours when they should be home in bed.