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Disorderly Intoxication

Fla. Stat. 856.011 — endangering others, or a public disturbance

Florida's disorderly intoxication statute reaches intoxication that endangers or disturbs. It prohibits being intoxicated and endangering the safety of another person or property, and being intoxicated, or drinking, in a public place or on public transportation and causing a public disturbance.

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A violation is a second degree misdemeanor, punishable by up to 60 days in jail and a fine of up to $500.

An officer may take the person home or to a health facility instead of jail. In lieu of jail, a peace officer may take or send an intoxicated person home or to a public or private health facility, and may make sure the person pays in advance for commercial transportation used for it.

A person convicted three times in the preceding 12 months is a habitual offender who may be committed to a treatment resource for up to 60 days.

Sources for this section (3)
  1. Fla. Stat. 856.011 — Disorderly intoxication
  2. Fla. Stat. 775.082 — Penalties; applicability of sentencing structures
  3. Fla. Stat. 775.083 — Fines

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Florida attorney.

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