Home
Menu
Call outside Criminal Attorney Mark S. Barnett
904-562-8444
F.S. 856.011 on Google Scholar

F.S. 856.011 on Casetext

Amendments to 856.011


The 2021 Florida Statutes

Title XLVI
CRIMES
Chapter 856
DRUNKENNESS; OPEN HOUSE PARTIES; LOITERING; PROWLING; DESERTION
View Entire Chapter
F.S. 856.011 Florida Statutes and Case Law
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.

Statutes updated from Official Statutes on: January 26, 2022
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

856.011 - DISORDERLY INTOX - DISORDER INTOX PUBLIC PLACE CAUSE DISTURBANCE - M: S


Civil Citations / Citable Offenses under S856.011
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 856.011.


Annotations, Discussions, Cases:

  1. Vernold v. State

    376 So. 2d 1166 (Fla. 1979)   Cited 58 times
    The pertinent part of section 856.011 provides:
    PAGE 1167
  2. United States v. Garcia-Sandobal

    703 F.3d 1278 (11th Cir. 2013)   Cited 30 times
    We need not decide whether the Guidelines adopted the definition of public intoxication under the common law or the Model Penal Code because the Florida statute is dissimilar to both definitions. There are two critical differences between the Florida statute, on the one hand, and both the common law and the Model Penal Code, on the other hand: Florida requires that the person actually cause a public disturbance, and Florida does not proscribe any drunkenness that might harm only the intoxicated person himself. The common-law crime of public intoxication punishes being drunk in public, and the Model Penal Code, which has been adopted by several states, punishes being intoxicated in public “to the degree that [the offender] may endanger himself or other persons or property, or annoy persons in his vicinity.” Model Penal Code § 250.5 (emphasis added); see alsoDel.Code Ann. tit. 11, § 1315; Ky.Rev.Stat. Ann. § 222.202(1); 18 Pa. Cons.Stat. Ann. § 5505; Tex. Penal Code Ann. § 49.02; Utah Code Ann. § 76–9–701. The Florida disorderly intoxication statute punishes more culpable conduct than either the common law or the Model Penal Code: the Florida statute requires that an individual…
    PAGE 1288
  3. Basile v. Massaro

    Case No: 6:10-cv-993-Orl-36DAB (M.D. Fla. Sep. 10, 2012)   Cited 1 times
    Plaintiff was arrested and prosecuted for disorderly intoxication under Florida Statute § 856.011 which provides:
    PAGE 11
  4. 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 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." § 856.011(1), Fla. Stat. (2014).
    PAGE 475
  5. Here, Magielski was arrested for disorderly intoxication. Florida Statutes § 856.011 governs the crime of disorderly intoxication, and provides that:
    PAGE 4
  6. Cross v. State

    374 So. 2d 519 (Fla. 1979)   Cited 3 times
    Section 856.011(1), Florida Statutes (1975), provides:
  7. Molina v. State

    561 So. 2d 425 (Fla. Dist. Ct. App. 1990)   Cited 3 times
    Molina was charged with disorderly intoxication in violation of section 856.011, Florida Statutes (1985), by consuming beer on the public sidewalk. On the day of trial the State moved to amend to change the charge to disorderly conduct in violation of section 25-33.1, Miami Beach City Code. The State argued that the statute and the city code are substantially similar and that there could be no prejudice to the defense by reason of the amendment. Molina argued that he had never previously seen the city code section and had had no opportunity to investigate the nature of the ordinance and the defenses thereto. The trial court allowed the amendment and the case proceeded to trial.
  8. State v. Thompson

    536 So. 2d 388 (Fla. Dist. Ct. App. 1989)
    The trial court granted the motion to suppress based upon its erroneous conclusion that the ordinance is facially unconstitutional and violative of section 856.011, Florida Statutes (1985). Section 856.011 governs the condition of disorderly intoxication. Section 396.161 also addresses the condition of public intoxication. The ordinance, in contrast, proscribes the act of consuming alcoholic beverages in public. See State v. Joyce, 529 So.2d 791 (Fla. 3d DCA 1988) (conviction for violation of section 856.011, unlike city ordinance, requires that accused create public disturbance in addition to consuming alcoholic beverages in public place). The ordinance is narrowly drawn to forbid alcohol consumption in specific, enumerated areas: public streets, vacant lots, and package stores. The language is plain and describes with particularity the conduct to be avoided. See and compare Watts v. State, 463 So.2d 205 (Fla. 1985) (state loitering statute held constitutional); State v. Kemp, 429 So.2d 822 (Fla.2d DCA 1983) (county loitering ordinance held constitutional); Miller v. State, 411 So.2d 299 (Fla. 3d DCA 1982) (county ordinance which adequately set forth…
  9. State v. Holden

    299 So. 2d 8 (Fla. 1974)   Cited 11 times
    Florida Statutes, Section 856.011 provides:
  10. Falco v. State

    407 So. 2d 203 (Fla. 1981)   Cited 25 times
    We next consider appellant's argument that the statute is unconstitutional as applied to him. The state argues in its brief that this Court's recent decision in a similar case, Vernold v. State, 376 So.2d 1166 (Fla. 1979), precludes such a challenge subsequent to a plea of nolo contendere. In Vernold the defendant challenged the validity of Florida's disorderly intoxication statute, section 856.011, by a motion to dismiss, which motion was denied by the trial court. The defendant subsequently entered a plea of nolo contendere reserving the right to appeal the denial of his motion. In upholding the constitutionality of section 856.011 we stated:
    PAGE 207