Florida Statutes

Fla. Stat. § 856.011 (2025)

Disorderly intoxication.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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856.011 Disorderly intoxication.—

(1) No person in the state shall be intoxicated and endanger the safety of another person or property, and no person in the state shall be intoxicated or drink any alcoholic beverage in a public place or in or upon any public conveyance and cause a public disturbance.

(2) Any person violating the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(3) Any person who shall have been convicted or have forfeited collateral under the provisions of subsection (1) three times in the preceding 12 months shall be deemed a habitual offender and may be committed by the court to an appropriate treatment resource for a period of not more than 60 days. Any peace officer, in lieu of incarcerating an intoxicated person for violation of subsection (1), may take or send the intoxicated person to her or his home or to a public or private health facility, and the law enforcement officer may take reasonable measures to ascertain the commercial transportation used for such purposes is paid for by such person in advance. Any law enforcement officers so acting shall be considered as carrying out their official duty.

History.—s. 16A, ch. 71-132; s. 1383, ch. 97-102.

Arrestable Offenses under F.S. 856.011

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§856.011DISORDERLY INTOXDISORDER INTOX PUBLIC PLACE CAUSE DISTURBANCEM · 2nd

Notes of Decisions

Cited in 35 cases (6 in the last 5 years), 1974–2026 · leading case: United States v. Erick Garcia-Sandobal, 703 F.3d 1278 (11th Cir. 2013).

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United States v. Erick Garcia-Sandobal, 703 F.3d 1278 (11th Cir. 2013). · cites it 5× “Third, Garcia-Sandobal contends that the district court erred when it increased his criminal history score by counting a prior conviction for disorderly intoxication, Fla. Stat. § 856.011 . See U.S.S.G. § 4A1.”

Cross v. State, 374 So. 2d 519 (Fla. 1979). · cites it 12× “Although conceding that he was intoxicated, Cross alleges that the State's case against him for violation of section 856.011 was based on his utterance of words protected by the first and fourteenth amendments to the Constitution *521 of the United States and article I, section…”

Vernold v. State, 376 So. 2d 1166 (Fla. 1979). · cites it 4× “We have jurisdiction because, an order denying the defendant's motions to dismiss, the county court upheld the constitutionality of section 856.011, Florida Statutes (1977).”

Everton v. Willard, 468 So. 2d 936 (Fla. 1985). “A further alternative is section 856.011 which provides yet another means for getting a drunk off the highway.”

Falco v. State, 407 So. 2d 203 (Fla. 1981). · cites it 2× “In Vernold the defendant challenged the validity of Florida's disorderly intoxication statute, section 856.011, by a motion to dismiss, which motion was denied by the trial court.”

Manuel F. Palancar v. State of Florida, 204 So. 3d 473 (Fla. 4th DCA 2016). · cites it 4× “Section 856.011, Florida Statutes, provides in pertinent part: “No person in the state shall be intoxicated and endanger the safety of another person or property, and no person in the state shall be intoxicated or drink any alcoholic beverage in a public place or in or upon any…”

Everton v. Willard, 426 So. 2d 996 (Fla. 2d DCA 1983). · cites it 2× “Although not argued by the parties, we have considered section 856.011, Florida Statutes (1979), relating to disorderly intoxication.”

Huhn v. Dixie Ins. Co., 453 So. 2d 70 (Fla. 5th DCA 1984). · cites it 2× “The appellate court stated that the trial judge erred in failing to instruct the jury on Fla. Stat. § 856.011 (3) (1981) which provides: [A]ny peace officer, in lieu of incarcerating an intoxicated person for violation of subsection (1), may take or send the intoxicated person…”

Duvall v. City of Cape Coral, 468 So. 2d 961 (Fla. 1985). · cites it 2× “See § 856.011(3), Fla. Stat. (1973). The absence of liability is not, in that narrow analysis, dependent upon sovereign immunity.”

State v. Holden, 299 So. 2d 8 (Fla. 1974). · cites it 4× “On the trial date, the appellee-defendant made a motion to dismiss the information charging disorderly intoxication because of the unconstitutionality of Fla. Stat. § 856.011 . The trial court dismissed the charge of disorderly intoxication following stare decisis in that the…”

Blake v. State, 433 So. 2d 611 (Fla. 1st DCA 1983). · cites it 2× “Appellant argues that the arrest for disorderly intoxication was illegal, therefore all three charges upon which his probation was revoked must fail. He contends his actions in talking loudly and flapping his arms did not violate the disorderly intoxication statute.”

Molina v. State, 561 So. 2d 425 (Fla. 3d DCA 1990). · cites it 4× “Molina was charged with disorderly intoxication in violation of section 856.011, Florida Statutes (1985), by consuming beer on the public sidewalk.”

Show all 35 citing cases →

— 856.011(1) — 9 cases

Cross v. State, 374 So. 2d 519 (Fla. 1979). “Although conceding that he was intoxicated, Cross alleges that the State's case against him for violation of section 856.011 was based on his utterance of words protected by the first and fourteenth amendments to the Constitution *521 of the United States and article I, section…”

Blake v. State, 433 So. 2d 611 (Fla. 1st DCA 1983). “Appellant argues that the arrest for disorderly intoxication was illegal, therefore all three charges upon which his probation was revoked must fail. He contends his actions in talking loudly and flapping his arms did not violate the disorderly intoxication statute.”

Manuel F. Palancar v. State of Florida, 204 So. 3d 473 (Fla. 4th DCA 2016). “Section 856.011, Florida Statutes, provides in pertinent part: “No person in the state shall be intoxicated and endanger the safety of another person or property, and no person in the state shall be intoxicated or drink any alcoholic beverage in a public place or in or upon any…”

Jernigan v. State, 566 So. 2d 39 (Fla. 1st DCA 1990).

T. L. M. v. State, 371 So. 2d 688 (Fla. 1st DCA 1979).

— 856.011(3) — 2 cases

Duvall v. City of Cape Coral, 468 So. 2d 961 (Fla. 1985). “See § 856.011(3), Fla. Stat. (1973). The absence of liability is not, in that narrow analysis, dependent upon sovereign immunity.”

City of Cape Coral v. Duvall, 436 So. 2d 136 (Fla. 2d DCA 1983).

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