What is the penalty for disorderly conduct in Florida?

Disorderly conduct is a common charge after a loud argument on Atlantic Avenue in Delray Beach, a shoving match on Las Olas Boulevard in Fort Lauderdale, or a scene outside a bar on Clematis Street in West Palm Beach. It is a second-degree misdemeanor, the lower of Florida's two misdemeanor classes (s. 775.081(2)), but it is still a crime, with a record and court dates. This page sets out what the statute says, what it sits next to, and how these cases move in South Florida's county courts. The general misdemeanor process is on our misdemeanor charges in South Florida page.

What does the disorderly conduct statute cover?

Section 877.03, Florida Statutes, titled "Breach of the peace; disorderly conduct," makes it a second-degree misdemeanor to commit acts "of a nature to corrupt the public morals, or outrage the sense of public decency, or affect the peace and quiet of persons who may witness them," to engage "in brawling or fighting," or to engage "in such conduct as to constitute a breach of the peace or disorderly conduct." The statute is short and broad. It does not define "breach of the peace" further, does not set a noise level and does not list words that count. That breadth is why the facts in the police report, and what the witnesses actually saw and heard, matter so much in these cases.

How does disorderly conduct compare with related charges?

The maximums come from ss. 775.082 and 775.083. A disorderly conduct arrest often comes with a resisting charge when the person argues with the officer; that charge is explained in whether resisting without violence is a crime. When the incident involved a hit or a push, the battery rules in assault, battery and aggravated battery apply. When something was broken in the scuffle, the damage rules are in when criminal mischief becomes a felony.

What does a conviction cost beyond the fine?

A guilty or no contest plea brings court costs on top of any fine: $20 under s. 775.083(2) and $60 under s. 938.05(1)(b), with other costs set by separate statutes. If the judge orders probation, misdemeanor probation runs up to 6 months unless the court specifies otherwise, and up to 1 year when alcohol or drugs were a significant factor (s. 948.15(1)). The larger cost is often the record. A withhold of adjudication may still allow sealing later, while an adjudication of guilt for any crime bars court-ordered sealing of every record (s. 943.059(1)(b)). The difference is explained in what a withhold of adjudication means.

How does a disorderly conduct case move in South Florida?

1. The arrest or notice to appear. An officer may arrest without a warrant for a misdemeanor committed in the officer's presence, but must do so immediately or in fresh pursuit (s. 901.15(1)). Many people are instead released with a notice to appear (Rule 3.125).
2. Disorderly intoxication. In place of jail, an officer may take an intoxicated person home or to a public or private health facility (s. 856.011(3)).
3. First appearance. A person who is booked sees a judge within 24 hours (Rule 3.130(a)). In Palm Beach that hearing is at the jail on Gun Club Road, described in the Palm Beach County jail and first appearance.
4. County court. Disorderly conduct is heard in county court (s. 34.01). Palm Beach County divides its county criminal cases among four regional courthouses under Administrative Order 4.603, so a Delray Beach case goes to the South County Courthouse; Broward misdemeanors are heard at the Central Courthouse and three satellite courthouses.
5. Diversion, plea or trial. A first offender may be considered for pretrial intervention (s. 948.08(2)), and Broward's Misdemeanor Diversion Program is decided at arraignment. Otherwise the case goes to a six-person jury (s. 913.10) within 90 days of the formal charge unless waived (Rule 3.191(a)).

What changes the answer?

• Words or actions. Section 877.03 names fighting and brawling directly; other conduct must "affect the peace and quiet" of witnesses or outrage public decency, which is a fact question.
• Who was disturbed. The statute speaks of "persons who may witness" the acts, so who was there, and what they saw, matters.
• Mutual fighting in public. Consensual fighting in a public place can be charged as an affray, a step up to first degree (s. 870.01(1)).
• Alcohol. Intoxication with danger to others or a public disturbance is its own charge (s. 856.011), and when alcohol was a significant factor misdemeanor probation can run up to 1 year (s. 948.15(1)).
• Groups. Three or more people can bring unlawful assembly or riot statutes into play (ss. 870.01(2), 870.02).
• Age. Young people may be eligible for a civil citation instead of arrest, explained in whether a child can get a civil citation.
• The record. Disorderly conduct is not on the list of offenses barred from sealing (s. 943.0584(2)); an adjudication of guilt still bars court-ordered sealing of any record (s. 943.059(1)(b)).

A worked example

For example, picture two hypothetical friends leaving a restaurant on Atlantic Avenue in Delray Beach after midnight. One argues loudly with a valet, a crowd gathers, and a Delray Beach officer gives him a notice to appear for disorderly conduct under s. 877.03, with a court date at the South County Courthouse. The friend who stepped in and shoved the valet is charged with battery, a first-degree misdemeanor (s. 784.03). The first man's case turns on what the witnesses heard and whether his words affected their peace and quiet; the second man's turns on the shove. If either had fought the valet by mutual consent in public, an affray charge under s. 870.01(1) would be possible. A first offender in either position may ask about pretrial intervention (s. 948.08(2)). This is a hypothetical illustration, not a client's case or a prediction.

Common mistakes in disorderly conduct cases

• Treating it like a traffic ticket. It is a crime, and a guilty or no contest plea creates a criminal record.
• Arguing with the officer after being told to stop, which can add a resisting charge (s. 843.02) or a failure-to-obey charge (s. 316.072(3)).
• Pleading at the first court date with the waiver on the notice to appear (Rule 3.125(k)(1)).
• Letting witness names and phone videos disappear.
• Missing the court date, which leads to a warrant (Rule 3.125(h)), as explained in what happens if you miss a court date.
• Accepting an adjudication of guilt on a small charge without knowing it bars sealing (s. 943.059(1)(b)).

What to do this week

1. Find the exact statute on the notice or booking sheet: s. 877.03, s. 856.011 or s. 870.01.
2. Write down what was said and done, by whom, and who was nearby.
3. Ask friends for any videos and save them.
4. Note receipts or other records that show where you were and when.
5. Calendar the court date and the courthouse.
6. Speak with a defense lawyer about diversion before arraignment.

Frequently asked questions

Can I go to jail for disorderly conduct?

The law allows up to 60 days in county jail and a $500 fine for a second-degree misdemeanor (ss. 775.082(4)(b), 775.083(1)(e)). Those are ceilings, not predictions.

Is cursing at someone disorderly conduct?

Section 877.03 does not list words. Whether speech is enough depends on the facts and on how courts have read the statute, which is why the witnesses' accounts matter.

What is the difference between disorderly conduct and disorderly intoxication?

Disorderly intoxication requires intoxication plus danger to people or property, or a public disturbance while intoxicated or drinking in public (s. 856.011(1)). Both are second-degree misdemeanors.

Is a fight disorderly conduct or battery?

It can be either or both: s. 877.03 covers brawling or fighting, s. 784.03 covers an unwanted touching or striking, and mutual public fighting can be an affray under s. 870.01(1).

Can a disorderly conduct charge be sealed?

A dismissed case is usually sealed automatically (s. 943.0595(2)). A withheld case may be sealed by petition if the person was never adjudicated guilty of a crime (s. 943.059(1)).

Is there diversion for disorderly conduct?

Statewide pretrial intervention covers first offenders charged with misdemeanors (s. 948.08(2)), and each State Attorney runs its own programs, compared in pretrial diversion in Palm Beach and Broward.

How can Mr. Mead help?

Mr. Mead has more than three decades of criminal defense experience in South Florida courts. In a disorderly conduct case, he looks at what the witnesses actually saw and heard, what any video shows, whether diversion fits, and how each possible plea would affect your record. Every case is different, and no result can be promised. The consultation is free, and you can call (561) 362-6677 24 hours a day.

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