Florida Statute 856.11 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 856
DRUNKENNESS; OPEN HOUSE PARTIES; LOITERING; PROWLING; DESERTION

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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.

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Amendments to 856.011

Annotations, Discussions, Cases:

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

Cases Citing Statute 856.011

Total Results: 29

Everton v. Willard

468 So. 2d 936, 10 Fla. L. Weekly 201

Supreme Court of Florida | Filed: Apr 4, 1985 | Docket: 1402273

Cited 112 times | Published

protective custody. A further alternative is section 856.011 which provides yet another means for getting

Falco v. State

407 So. 2d 203

Supreme Court of Florida | Filed: Dec 17, 1981 | Docket: 1515369

Cited 21 times | Published

Florida's disorderly intoxication statute, section 856.011, by a motion to dismiss, which motion was denied

Everton v. Willard

426 So. 2d 996

District Court of Appeal of Florida | Filed: Jan 5, 1983 | Docket: 1283250

Cited 18 times | Published

argued by the parties, we have considered section 856.011, Florida Statutes (1979), relating to disorderly

Duvall v. City of Cape Coral

468 So. 2d 961, 10 Fla. L. Weekly 219

Supreme Court of Florida | Filed: Apr 4, 1985 | Docket: 1401674

Cited 12 times | Published

statutorily imposed duty in a reasonable manner. See § 856.011(3), Fla. Stat. (1973). The absence of liability

Huhn v. Dixie Ins. Co.

453 So. 2d 70

District Court of Appeal of Florida | Filed: May 17, 1984 | Docket: 1163323

Cited 12 times | Published

in failing to instruct the jury on Fla. Stat. § 856.011(3) (1981) which provides: [A]ny peace officer

Blake v. State

433 So. 2d 611

District Court of Appeal of Florida | Filed: Jun 17, 1983 | Docket: 1727453

Cited 10 times | Published

to disorderly intoxication as described in Section 856.011(1), Florida Statutes, and discussed in State

Blake v. State

433 So. 2d 611

District Court of Appeal of Florida | Filed: Jun 17, 1983 | Docket: 1727453

Cited 10 times | Published

to disorderly intoxication as described in Section 856.011(1), Florida Statutes, and discussed in State

Royster v. State

643 So. 2d 61, 1994 WL 525076

District Court of Appeal of Florida | Filed: Sep 29, 1994 | Docket: 1492798

Cited 8 times | Published

errors deprived appellant of a fair trial. Section 856.011, Florida Statutes (1991), provides: (1) No

Vernold v. State

376 So. 2d 1166

Supreme Court of Florida | Filed: Nov 8, 1979 | Docket: 473236

Cited 8 times | Published

constitutionality of section 856.011, Florida Statutes (1977). The pertinent part of section 856.011 provides: (1)

State v. Holden

299 So. 2d 8

Supreme Court of Florida | Filed: Jul 24, 1974 | Docket: 1745570

Cited 8 times | Published

the unconstitutionality of Florida Statutes, Section 856.011. We have jurisdiction pursuant to Article V

City of Cape Coral v. Duvall

436 So. 2d 136

District Court of Appeal of Florida | Filed: Jan 19, 1983 | Docket: 1701109

Cited 7 times | Published

and do not discuss the other issues raised. Section 856.011(3), Florida Statutes (1981), provides as follows:

TLM v. State

371 So. 2d 688

District Court of Appeal of Florida | Filed: Jun 5, 1979 | Docket: 1786730

Cited 7 times | Published

and acted as if he were under the influence. Section 856.011(1), Florida Statutes (1977) provides: "No person

Jernigan v. State

566 So. 2d 39, 1990 WL 123103

District Court of Appeal of Florida | Filed: Aug 22, 1990 | Docket: 547380

Cited 4 times | Published

for disorderly intoxication as described in section 856.011(1), Florida Statutes, the state must prove

Molina v. State

561 So. 2d 425, 1990 WL 62868

District Court of Appeal of Florida | Filed: May 15, 1990 | Docket: 1480883

Cited 3 times | Published

with disorderly intoxication in violation of section 856.011, Florida Statutes (1985), by consuming beer

State v. Joyce

529 So. 2d 791, 1988 WL 81850

District Court of Appeal of Florida | Filed: Aug 9, 1988 | Docket: 551020

Cited 3 times | Published

violations and disorderly intoxication under section 856.011, Florida Statutes (1987). A conviction for

Manuel F. Palancar v. State of Florida

204 So. 3d 473, 2016 Fla. App. LEXIS 10376

District Court of Appeal of Florida | Filed: Jul 6, 2016 | Docket: 4108191

Cited 2 times | Published

instructions by committing the new offense. Section 856.011, Florida Statutes, provides in pertinent part:

Cross v. State

374 So. 2d 519

Supreme Court of Florida | Filed: Jul 27, 1979 | Docket: 2510958

Cited 2 times | Published

of disorderly intoxication in violation of section 856.011(1), Florida Statutes.[1] The trial court upheld

United States v. Erick Garcia-Sandobal

703 F.3d 1278, 2013 WL 28255

Court of Appeals for the Eleventh Circuit | Filed: Jan 3, 2013 | Docket: 239022

Cited 1 times | Published

conviction for disorderly intoxication, Fla. Stat. § 856.011. See U.S.S.G. § 4A1.2(c)(l). Garcia-Sandobal

Ron DeSantis, Governor v. Dream Defenders

Supreme Court of Florida | Filed: Jun 20, 2024 | Docket: 68869795

Published

374 So. 2d 519, 520-21 (Fla. 1979) (citing § 856.011(1), Fla. Stat. (1975)); see also Palancar v. State

Ivey v. State

779 So. 2d 662, 2001 Fla. App. LEXIS 3426, 2001 WL 261602

District Court of Appeal of Florida | Filed: Mar 19, 2001 | Docket: 64804267

Published

insufficient to establish, as required by section 856.011(1), Florida Statutes (1999), that he caused

Austin v. Mylander

717 So. 2d 1073, 1998 WL 518611

District Court of Appeal of Florida | Filed: Aug 21, 1998 | Docket: 1277259

Published

PETERSON and ANTOON, JJ., concur. NOTES [1] Section 856.011, which deals with disorderly intoxication,

Beagling v. State

667 So. 2d 1019, 1996 Fla. App. LEXIS 1366, 1996 WL 64813

District Court of Appeal of Florida | Filed: Feb 16, 1996 | Docket: 64762250

Published

sentenced on Count II of disorderly intoxication, section 856.011, Florida Statutes (1989). This sentence has

Papalas v. State

645 So. 2d 153, 1994 Fla. App. LEXIS 11506, 1994 WL 652848

District Court of Appeal of Florida | Filed: Nov 22, 1994 | Docket: 64752185

Published

ALLEN, WEBSTER and DAVIS, JJ., concur. . Section 856.011(1), Florida Statutes, provides: No person in

State v. R.L.K.

568 So. 2d 1341, 1990 Fla. App. LEXIS 8361, 1990 WL 165352

District Court of Appeal of Florida | Filed: Nov 1, 1990 | Docket: 64654172

Published

REVERSED. DAUKSCH and GOSHORN, JJ., concur. . § 856.011, Fla.Stat. (1989). . § 877.03, Fla.Stat. (1989)

State v. Thompson

536 So. 2d 388, 1989 WL 602

District Court of Appeal of Florida | Filed: Jan 10, 1989 | Docket: 1758771

Published

unconstitutional and violative of section 856.011, Florida Statutes (1985). Section 856.011 governs the condition

State v. Presley

458 So. 2d 847, 9 Fla. L. Weekly 2333, 1984 Fla. App. LEXIS 15802

District Court of Appeal of Florida | Filed: Nov 8, 1984 | Docket: 64608026

Published

public disturbance, within the meaning of Florida Statute 856.011.” While the trial judge may conclude the

Lauxman v. State

402 So. 2d 432, 1981 Fla. App. LEXIS 20373

District Court of Appeal of Florida | Filed: Jun 24, 1981 | Docket: 64584642

Published

city ordinance substantially identical to section 856.-011, Florida Statutes. The search following his

T. L. M. v. State

371 So. 2d 688, 1979 Fla. App. LEXIS 15246

District Court of Appeal of Florida | Filed: Jun 5, 1979 | Docket: 64570487

Published

and acted as if he were under the influence. Section 856.011(1), Florida Statutes (1977) provides: “No person

Sears v. State

319 So. 2d 69, 1975 Fla. App. LEXIS 15259

District Court of Appeal of Florida | Filed: Sep 17, 1975 | Docket: 64549244

Published

now seeks to justify the arrest under Fla.Stat. § 856.011, which provides: (1) No person in the state shall