Florida Statute 856.011 | Lawyer Caselaw & Research

The 2024 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

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 Citing Statute 856.011

Total Results: 20

Ron DeSantis, Governor v. Dream Defenders

Court: Supreme Court of Florida | Date Filed: 2024-06-20

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

Manuel F. Palancar v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2016-07-06

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

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

Dale Norman v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-02-18

Citation: 159 So. 3d 205, 2015 Fla. App. LEXIS 2178, 2015 WL 669582

Snippet: or has been deemed a habitual offender under s. 856.011(3), or has had two or more convictions under s

Manning v. State

Court: District Court of Appeal of Florida | Date Filed: 2007-05-16

Citation: 957 So. 2d 111, 2007 WL 1427386

Snippet: "imposed for any criminal violation of s.316.193. s.856.011, s.856.015, or Chapters 562, 567, 568, or 893.

Ivey v. State

Court: District Court of Appeal of Florida | Date Filed: 2001-03-19

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

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

Butler v. Dowling

Court: District Court of Appeal of Florida | Date Filed: 1999-12-22

Citation: 750 So. 2d 674, 1999 WL 1243884

Snippet: disorderly intoxication under sections 877.03 and 856.011(1), Florida Statutes (1997). Dowling testified

Austin v. Mylander

Court: District Court of Appeal of Florida | Date Filed: 1998-08-21

Citation: 717 So. 2d 1073, 1998 WL 518611

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

Beagling v. State

Court: District Court of Appeal of Florida | Date Filed: 1996-02-16

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

Snippet: on Count II of disorderly intoxication, section 856.011, Florida Statutes (1989). This sentence has not

Papalas v. State

Court: District Court of Appeal of Florida | Date Filed: 1994-11-22

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

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

Royster v. State

Court: District Court of Appeal of Florida | Date Filed: 1994-09-29

Citation: 643 So. 2d 61, 1994 WL 525076

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

State v. R.L.K.

Court: District Court of Appeal of Florida | Date Filed: 1990-11-01

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

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

Jernigan v. State

Court: District Court of Appeal of Florida | Date Filed: 1990-08-22

Citation: 566 So. 2d 39, 1990 WL 123103

Snippet: disorderly intoxication as described in section 856.011(1), Florida Statutes, the state must prove not

Molina v. State

Court: District Court of Appeal of Florida | Date Filed: 1990-05-15

Citation: 561 So. 2d 425, 1990 WL 62868

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

State v. Thompson

Court: District Court of Appeal of Florida | Date Filed: 1989-01-10

Citation: 536 So. 2d 388, 1989 WL 602

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

State v. Joyce

Court: District Court of Appeal of Florida | Date Filed: 1988-08-09

Citation: 529 So. 2d 791, 1988 WL 81850

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

Everton v. Willard

Court: Supreme Court of Florida | Date Filed: 1985-04-04

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

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

Duvall v. City of Cape Coral

Court: Supreme Court of Florida | Date Filed: 1985-04-04

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

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

State v. Presley

Court: District Court of Appeal of Florida | Date Filed: 1984-11-08

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

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

Huhn v. Dixie Ins. Co.

Court: District Court of Appeal of Florida | Date Filed: 1984-05-17

Citation: 453 So. 2d 70

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

Blake v. State

Court: District Court of Appeal of Florida | Date Filed: 1983-06-17

Citation: 433 So. 2d 611

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