§ 856.011, Fla. Stat. · Chapter 856. DRUNKENNESS; OPEN HOUSE PARTIES; LOITERING; PROWLING; DESERTION
Disorderly intoxication.
Text — 2026 Florida Statutes
(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.
Notes and commentary — not statutory text
History
s. 16A, ch. 71-132; s. 1383, ch. 97-102.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0856/0856.html
- Text hash
- sha256 e7b2dfd34f16ec936a7d899da74754267a301a2cb2470303f13717b92ee97d55
- Composed by
- compose_v2.py 2026-10-04: the Legislature's structured HTML read in document order; verify_v2.py's independent reading agrees character for character
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This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 5 provisions
Provisions in this library whose text cites § 856.011, Fla. Stat.. Each shows the citation as that text prints it.
The Florida Statutes
- § 316.193, Fla. Stat.Driving under the influence; penalties.Printed as s. 856.011(3)
- § 493.6106, Fla. Stat.License requirements; posting.Printed as s. 856.011(3)
- § 790.06, Fla. Stat.License to carry concealed weapon or concealed firearm.Printed as s. 856.011(3)
- § 938.21, Fla. Stat.Alcohol and drug abuse programs.Printed as s. 856.011
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.