You Were Loud. You Were Drunk. But Were You Actually "Disorderly" Under Florida Law?
Disorderly intoxication and disorderly conduct are some of the most common arrests in Florida - and also some of the weakest cases to prosecute. Police frequently arrest people for being loud, obnoxious, or difficult. But the law requires much more than that.
The Two "Disorderly" Charges
Florida has two separate disorderly statutes, and they require different proof:
Disorderly Intoxication (F.S. 856.011)
The state must prove you were intoxicated AND:
- Endangered safety of another person or property, OR
- Caused a public disturbance in a public place
Second-degree misdemeanor (up to 60 days)
Disorderly Conduct (F.S. 877.03)
The state must prove conduct that:
- Actually breaches the peace, OR
- Involves brawling or fighting
Second-degree misdemeanor (up to 60 days)
The Core Cases: What Courts Have Said
Jernigan v. State - Public Safety Required
In Jernigan v. State, 566 So. 2d 39 (Fla. 1st DCA 1990), the defendant went to a police station while intoxicated and distraught. He threw down his keys and sunglasses. When told he'd be arrested, a scuffle ensued.
The First District Court of Appeal reversed his disorderly intoxication conviction:
"In order to sustain a conviction for disorderly intoxication, the state must prove not only that a person is intoxicated but that the public safety is endangered."
Miller v. State - "Something More" Required
In Miller v. State, 667 So. 2d 325 (Fla. 1st DCA 1995), the court established that for disorderly conduct:
"To sustain a finding of disorderly conduct, there must be evidence of 'something more than loud or profane language and a belligerent attitude.'"
What Does NOT Constitute Disorderly
Courts have repeatedly held that these behaviors are not enough for conviction:
| Conduct | Case | Result |
|---|---|---|
| Yelling and throwing personal items | Jernigan v. State | REVERSED |
| Loud or profane language | Miller v. State | REVERSED |
| Belligerent attitude | Miller v. State | REVERSED |
| Loudly protesting police | L.A.T. v. State | REVERSED |
| Loud speech and profanity (no crowd) | A.S.C. v. State | REVERSED |
First Amendment Protection
The First Amendment limits Florida's disorderly conduct statute when the conduct is purely verbal. Only two categories of speech are unprotected:
Unprotected Speech
- "Fighting words" - Words that by their very utterance inflict injury or tend to incite immediate breach of peace (White v. State)
- False reports of danger - Like shouting "fire" in a crowded theater when you know it's false (State v. Saunders)
This means profanity directed at police officers is generally protected speech. Being rude, cursing, or expressing contempt is not illegal.
When Charges CAN Stick
The key distinction is words plus physical actions:
| Conduct | Case | Result |
|---|---|---|
| Words + physically approaching officer repeatedly | C.L.B. v. State | AFFIRMED |
| Words + bumping officer + throwing wallet | Wiltzer v. State | AFFIRMED |
| Speech + additional physical actions | Barry v. State | AFFIRMED |
Defense Strategy
If you've been arrested for disorderly intoxication or conduct:
- Identify the specific charge. Is it 856.011 (intoxication) or 877.03 (conduct)? Different elements, different defenses.
- Review what you actually did. Was conduct purely verbal? Were there any physical actions?
- Challenge the elements. For intoxication, was public safety actually endangered? For conduct, was there "something more" than loud language?
- Assert First Amendment rights. If conduct was purely verbal, it may be constitutionally protected.
- File motion to dismiss. Cite Jernigan and Miller - many of these cases fail on the elements.
The Bottom Line
Police use disorderly charges as a catch-all when they want to arrest someone but don't have a stronger charge. Being drunk, being loud, being obnoxious, even being a "general jackass" - none of this is enough for conviction under Florida law.
The state must prove Jernigan's "public safety endangered" standard for intoxication, or Miller's "something more" standard for conduct. Many of these arrests fail to meet either.
Arrested for Disorderly Conduct or Intoxication?
Many of these charges fail to meet Florida's legal standards. Being loud or obnoxious isn't a crime. Call for a case evaluation to see if your charge is dismissable.
Sources
- Jernigan v. State, 566 So. 2d 39 (Fla. 1st DCA 1990)
- Miller v. State, 667 So. 2d 325 (Fla. 1st DCA 1995)
- L.A.T. v. State, 650 So. 2d 214 (Fla. 3d DCA 1995)
- A.S.C. v. State, 14 So. 3d 1118 (Fla. 5th DCA 2009)
- F.S. 856.011 - Disorderly Intoxication
- F.S. 877.03 - Disorderly Conduct
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Need Legal Help?
If you're facing criminal charges in Central Florida, an experienced defense attorney can make the difference. Get a free consultation to discuss your case.
Contact Lotter Law at 407-500-7000 for a free consultation.
Jeff Lotter
Criminal Defense Attorney | Former State Trooper
Jeff Lotter is an Orlando criminal defense attorney and former Florida Highway Patrol trooper. He uses his law enforcement background to build stronger defenses for clients facing criminal charges.