Category: Criminal Offenses · Statute: F.S. 856.011 · Source: Florida Legislature
Understanding Public Intoxication in Florida
In Florida, public intoxication is legally governed by Section 856.011 of the Florida Statutes under the charge of "Disorderly Intoxication." To be convicted under this statute, a person must do more than simply have alcohol in their system while in public. The law requires that the individual is intoxicated and actively endangering the safety of people or property, or causing a public disturbance in a public place or on public transportation. Because Florida law views acute intoxication largely as a public health concern, law enforcement officers have the statutory authority to take an incapacitated individual to a treatment facility or their home instead of making an arrest.
If an officer does choose to initiate criminal charges, disorderly intoxication is classified as a second-degree misdemeanor. This offense carries a maximum penalty of up to 60 days in jail and a fine of up to $500. The prosecution must prove both elements: that the defendant was intoxicated—meaning they lost control of their bodily or mental faculties—and that their behavior created a public safety hazard or disturbance. Merely being drunk in a park or on a sidewalk without disruptive or dangerous behavior does not meet the statutory threshold for a criminal charge in Florida.
Bail and Pretrial Release for Disorderly Intoxication
Because disorderly intoxication is a second-degree misdemeanor, defendants are typically eligible for immediate release under local county bond schedules without needing a formal hearing before a judge. In many Florida jurisdictions, law enforcement may issue a notice to appear rather than booking the individual into jail. If booked, the defendant is often released on their own recognizance (ROR) or a very low cash bond once they have sobered up sufficiently to safely care for themselves.
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