WHAT IS DISORDERLY CONDUCT / DISORDERLY INTOXICATION?
Disorderly Conduct, or “Breach of the Peace” is found in Florida Statute 877.03 and is a second degree misdemeanor, punishable by up to sixty (60) days in the county jail. This charge, while commonly levied, is not so easily proven by the State. According to the Florida Supreme Court the law in the State of Florida is that in order to be convicted pursuant to 877.03 the State must first prove that “some act on the part of the accused either corrupted the public morals, outraged the sense of public decency, affected the peace and quiet of persons who witnessed the conduct of the accused, or that the accused engaged in brawling or fighting, or engaged in conduct constituting a breach of the peace or disorderly conduct” (see Gonzalez v. City of Belle Glade, 278 So.2d 699 (Fla. 1973). There are a plethora of these cases where the State has failed to meet its burden.
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