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Florida Statute 856.011 | Lawyer Caselaw & Research
F.S. 856.011 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 856
DRUNKENNESS; OPEN HOUSE PARTIES; LOITERING; PROWLING; DESERTION
View Entire Chapter
F.S. 856.011
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.

F.S. 856.011 on Google Scholar

F.S. 856.011 on Casetext

Amendments to 856.011


Arrestable Offenses / Crimes under Fla. Stat. 856.011
Level: Degree
Misdemeanor/Felony: First/Second/Third

S856.011 - DISORDERLY INTOX - DISORDER INTOX PUBLIC PLACE CAUSE DISTURBANCE - M: S



Annotations, Discussions, Cases:

Cases from cite.case.law:

F. PALANCAR, v. STATE, 204 So.3d 473 (Fla. Dist. Ct. App. 2016)

. . . Section 856.011, Florida Statutes, provides in pertinent part: “No person in the state shall be intoxicated . . . alcoholic beverage in a public place or in or upon any public conveyance and cause a public disturbance.” § 856.011 . . .

NORMAN, v. STATE, 159 So. 3d 205 (Fla. Dist. Ct. App. 2015)

. . . chapter 396 or has been convicted under s. 790.151 or has been deemed a habitual offender under s. 856.011 . . .

R. GRANGER, E. v. C. WILLIAMS,, 563 F. App'x 720 (11th Cir. 2014)

. . . . § 856.011(3), Disorderly Intoxication. . . .

UNITED STATES v. GARCIA- SANDOBAL, a. k. a., 703 F.3d 1278 (11th Cir. 2013)

. . . . § 856.011. See U.S.S.G. § 4A1.2(c)(l). . . . Stat. § 856.011(1). . . . Stat. § 856.011(1). . . . Stat. § 856.011(1). . . . Stat. § 856.011. . . .

L. MANNING, v. STATE, 957 So. 2d 111 (Fla. Dist. Ct. App. 2007)

. . . Payment to the fund may be “imposed for any criminal violation of s.316.193. s.856.011, s.856.015, or . . .

K. IVEY, Jr. v. STATE, 779 So. 2d 662 (Fla. Dist. Ct. App. 2001)

. . . the conviction, because the evidence was legally insufficient to establish, as required by section 856.011 . . .

BUTLER, v. DOWLING, D R a d b a s a C. E., 750 So. 2d 674 (Fla. Dist. Ct. App. 1999)

. . . The arrest was for disorderly conduct and disorderly intoxication under sections 877.03 and 856.011(1 . . .

AUSTIN, v. A. MYLANDER,, 717 So. 2d 1073 (Fla. Dist. Ct. App. 1998)

. . . Section 856.011, which deals with disorderly intoxication, provides in part: Any peace officer, in lieu . . .

BEAGLING, v. STATE, 667 So. 2d 1019 (Fla. Dist. Ct. App. 1996)

. . . The defendant was also convicted and sentenced on Count II of disorderly intoxication, section 856.011 . . .

PAPALAS, v. STATE, 645 So. 2d 153 (Fla. Dist. Ct. App. 1994)

. . . Section 856.011(1), Florida Statutes, provides: No person in the state shall be intoxicated and endanger . . .

ROYSTER, v. STATE, 643 So. 2d 61 (Fla. Dist. Ct. App. 1994)

. . . Section 856.011, Florida Statutes (1991), provides: (1) No person in the state shall be intoxicated and . . .

STATE v. R. L. K. a, 568 So. 2d 1341 (Fla. Dist. Ct. App. 1990)

. . . . § 856.011, Fla.Stat. (1989). . § 877.03, Fla.Stat. (1989). . . . .

MOLINA, v. STATE, 561 So. 2d 425 (Fla. Dist. Ct. App. 1990)

. . . Molina was charged with disorderly intoxication in violation of section 856.011, Florida Statutes (1985 . . .

STATE OF FLORIDA v. CRAMASTA STATE OF FLORIDA v. TEITELBAUM, 33 Fla. Supp. 2d 134 (Fla. Cir. Ct. 1989)

. . . Stat. 856.011, disorderly intoxication, the state must prove the defendant was intoxicated and causing . . .

STATE v. A. THOMPSON,, 536 So. 2d 388 (Fla. Dist. Ct. App. 1989)

. . . upon its erroneous conclusion that the ordinance is facially unconstitutional and violative of section 856.011 . . . Section 856.011 governs the condition of disorderly intoxication. . . . Joyce, 529 So.2d 791 (Fla. 3d DCA 1988) (conviction for violation of section 856.011, unlike city ordinance . . .

STATE v. JOYCE,, 529 So. 2d 791 (Fla. Dist. Ct. App. 1988)

. . . the defendant with three controlled substance violations and disorderly intoxication under section 856.011 . . .

STATE OF FLORIDA v. TANKERSLEY, 26 Fla. Supp. 2d 50 (Palm Beach Cty. Ct. 1987)

. . . FINDINGS The issue presented is whether the defendant’s conduct violated Florida Statute 856.011(1) ( . . . FS 856.011(1) provides that: No person in the state shall be intoxicated and endanger the safety of another . . . The problem presents a situation where the legislature in adopting FS 856.011(1) shows the conjunction . . .

J. EVERTON, Jr. 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 . . .

DUVALL, v. CITY OF CAPE CORAL,, 468 So. 2d 961 (Fla. 1985)

. . . See § 856.011(3), Fla.Stat. (1973). . . .

STATE v. PRESLEY,, 458 So. 2d 847 (Fla. Dist. Ct. App. 1984)

. . . judge also found “[tjhat he did not cause a public disturbance, within the meaning of Florida Statute 856.011 . . . UP-CHURCH, Jr., J., concur. . § 856.011, Fla.Stat. (1983), in pertinent part, provides: Disorderly intoxication . . .

HUHN, v. DIXIE INSURANCE COMPANY, a k a, 453 So. 2d 70 (Fla. Dist. Ct. App. 1984)

. . . . § 856.011(3) (1981) which provides: [A]ny peace officer, in lieu of incarcerating an intoxicated person . . .

BLAKE, v. STATE, 433 So. 2d 611 (Fla. Dist. Ct. App. 1983)

. . . We agree that appellant’s behavior did not amount to disorderly intoxication as described in Section 856.011 . . .

CITY OF CAPE CORAL, v. DUVALL, a R. CITY OF CAPE CORAL, v. FONTAINE, a CITY OF CAPE CORAL, v. BEDDOW, CITY OF CAPE CORAL, v. TKAC, 436 So. 2d 136 (Fla. Dist. Ct. App. 1983)

. . . Section 856.011(3), Florida Statutes (1981), provides as follows: [A]ny peace officer, in lieu of incarcerating . . .

J. EVERTON, Jr. v. WILLARD, d b a s s TRINKO, v. R. WILLARD, d b a C. W. s, 426 So. 2d 996 (Fla. Dist. Ct. App. 1983)

. . . Although not argued by the parties, we have considered section 856.011, Florida Statutes (1979), relating . . .

FALCO, v. STATE, 407 So. 2d 203 (Fla. 1981)

. . . Vernold the defendant challenged the validity of Florida’s disorderly intoxication statute, section 856.011 . . . In upholding the constitutionality of section 856.011 we stated: We need not consider the defendant’s . . .

M. VERNOLD, v. STATE, 376 So. 2d 1166 (Fla. 1979)

. . . denying the defendant’s motions to dismiss, the county court upheld the constitutionality of section 856.011 . . . The pertinent part of section 856.011 provides: (1) No person in the state shall be intoxicated and endanger . . .

CROSS, v. STATE, 374 So. 2d 519 (Fla. 1979)

. . . Randall Cross appeals his conviction. of the crime of disorderly intoxication in violation of section 856.011 . . . information with being intoxicated and causing a public disturbance, contrary to the provisions of section 856.011 . . . conceding that he was intoxicated, Cross alleges that the State’s case against him for violation of section 856.011 . . . We do not agree with Cross that, under the facts of this case, section 856.011(1) was applied to him . . . Section 856.011(1), Florida Statutes (1975), provides: No person in the state shall be intoxicated and . . . convicted in a jury trial of the crime of disorderly intoxication, a misdemeanor in violation of section 856.011 . . . Section 856.011(1), Florida Statutes (1975), provides as follows: 856.011 Disorderly intoxication (1) . . .

T. L. M. a v. STATE, 371 So. 2d 688 (Fla. Dist. Ct. App. 1979)

. . . Section 856.011(1), Florida Statutes (1977) provides: “No person in the state shall be intoxicated and . . .

W. TREIMAN, v. STATE MINER, Jr., 343 So. 2d 819 (Fla. 1977)

. . . See' Sections 316.028, .029, .061, and 856.011, Florida Statutes. . . .

H. SEARS, v. STATE, 319 So. 2d 69 (Fla. Dist. Ct. App. 1975)

. . . . § 856.011, which provides: (1) No person in the state shall be intoxicated and endanger the safety . . . Since the arrest cannot be justified under Fla.Stat. § 856.011, it was an illegal arrest. . . .

STATE v. W. HOLDEN, Jr., 299 So. 2d 8 (Fla. 1974)

. . . a charge of disorderly intoxication because of the unconstitutionality of Florida Statutes, Section 856.011 . . . the information charging disorderly intoxication because of the unconstitutionality of Fla.Stat. § 856.011 . . . Florida Statutes, Section 856.011 provides : “(1) No person in the state shall be intoxicated and endanger . . .