Guide · Florida disorderly conduct
Florida disorderly conduct penalties, straight from the statute.
Disorderly conduct in Florida, also called breach of the peace, is charged under Fla. Stat. § 877.03, and it is a misdemeanor of the second degree. It is a single-degree offense: unlike graded charges such as trespass or battery, there is no occupancy, injury, or armed tier that moves the degree. What is genuinely in play is instead the reach of the statute, which is written broadly and which case law has narrowed to keep protected speech out of it. This is a working reference to the section, the maximum it carries, and that first-amendment limit, with every figure quoted from the controlling statute, so the exposure conversation starts from the law rather than a guess.
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Open the Florida sentencing-outcomes data study →Disorderly conduct is a single second-degree misdemeanor (Fla. Stat. § 877.03)
Fla. Stat. § 877.03 defines breach of the peace and disorderly conduct as one offense and classifies it as a misdemeanor of the second degree. Because there is only one degree, the statutory ceiling is fixed by that classification, and the sentence in a given case sits at or below that maximum and turns on the conduct, the prior record, and the plea posture. The degree sets the ceiling through Fla. Stat. § 775.082 and Fla. Stat. § 775.083.
| Offense | Classification | Maximum jail | Maximum fine |
|---|---|---|---|
| Breach of the peace; disorderly conduct § 877.03 | Misdemeanor of the second degree | up to 60 days | up to $500 |
Offense and degree quoted from Fla. Stat. § 877.03 (Florida Legislature, Online Sunshine); the maximum fine follows from the offense degree under Fla. Stat. § 775.083, and the maximum jail term follows from Fla. Stat. § 775.082. The statute controls; confirm the current text and the specific facts before relying on any figure.
A broad statute, narrowed by the first amendment
Fla. Stat. § 877.03 reaches acts of a nature to corrupt the public morals, outrage the sense of public decency, or affect the peace and quiet of persons who may witness them, as well as brawling or fighting and other conduct constituting a breach of the peace or disorderly conduct. That language is broad, and disorderly conduct is one of the more commonly charged Florida offenses, which is precisely why its edges matter. Longstanding case law has narrowed the statute so that acts amounting only to protected speech cannot themselves be the basis of a conviction. Whether the particular words or expression alleged fall outside that protection, or instead constitute the brawling, fighting, or breach-of-the-peace conduct the statute reaches, is a fact-specific question read against the record and the controlling case law rather than assumed from the charge. This is stated as a general limiting principle, not as a specific holding; confirm the current case law before relying on it.
What the aggregate sentencing data shows
Read the figure below as descriptive, not predictive. It is a statewide rate across all charge types, not disorderly conduct alone, and is a floor over recorded sentences. These figures are not adjusted for offense severity, criminal history, plea posture, or case facts, they do not measure any prosecutor, court, or judge, and they are not a prediction of what any disorderly-conduct case will draw. Counties differ in case mix, so the figure reflects what and who is in the data.
The statute sets the exposure; the public records show how sentences actually landed. In the FDLE Criminal Justice Data Transparency Clerk-of-Court data, across 3,937,598 analyzed charge dispositions, 44% drew a recorded jail or prison sentence. That is a floor, not a true rate, because the confinement field is blank on many charges and is treated as non-incarceration. It spans every charge type, so it orients rather than predicts; the companion data study breaks the recorded incarceration rate and confinement length down by charge category and county.
Free · source-linked statute reference
Read the Florida criminal statutes, each linked to the official Florida Legislature text, alongside the free sentencing-outcomes data.
Open the Florida criminal statute reference →The encounter and the account start with the officer
Whatever the statutory exposure, a disorderly conduct case often turns on the encounter and the officer's account of it, from what was actually said or done to whether the conduct crossed from protected expression into the statute's reach. Before the penalty conversation, the leverage is frequently in how the case was built. BenchRecon's Officer Lookup searches the involved officer's Florida FDLE/CJSTC certification-discipline and incident-ledger record, every row cited to the underlying public record, so the impeachment and credibility angles surface before you draft the motion.
Reference
For the Florida criminal statutes, source-linked to the official text, see the Florida criminal statute reference. For how sentences actually landed across the state, see the Florida sentencing-outcomes data study. For the full set of Florida charge references, start at the Florida criminal-defense references hub.
Common questions
- Is disorderly conduct a misdemeanor in Florida?
- Yes. Disorderly conduct, also called breach of the peace, is charged under Fla. Stat. § 877.03, and it is a misdemeanor of the second degree, carrying up to 60 days of imprisonment and a fine of up to $500. It is a single-degree offense: unlike some charges there is no occupancy or armed tier that moves the degree, so it is a second-degree misdemeanor, and the degree sets the maximum through Fla. Stat. § 775.082 and Fla. Stat. § 775.083.
- What is the maximum penalty for disorderly conduct in Florida?
- Under Fla. Stat. § 877.03, disorderly conduct is a misdemeanor of the second degree, carrying up to 60 days of imprisonment and a fine of up to $500. That maximum term and fine follow from the second-degree-misdemeanor classification through Fla. Stat. § 775.082 and Fla. Stat. § 775.083; a specific sentence turns on the conduct, the prior record, and the plea posture, and the controlling statute governs.
- Can protected speech be charged as disorderly conduct in Florida?
- Fla. Stat. § 877.03 is written broadly, but longstanding case law has narrowed it so that acts amounting only to protected speech cannot themselves be the basis of a disorderly-conduct conviction. Whether particular words or expression fall outside that protection, or instead constitute the brawling, fighting, or breach-of-the-peace conduct the statute reaches, is a fact-specific question read against the record and the controlling case law. This is general legal information for practitioners, not legal advice.
- What conduct does the Florida disorderly conduct statute cover?
- Fla. Stat. § 877.03 reaches acts of a nature to corrupt the public morals, outrage the sense of public decency, or affect the peace and quiet of persons who may witness them, as well as brawling or fighting and other conduct constituting a breach of the peace or disorderly conduct. Because that language is broad and commonly charged, the specific conduct alleged and how it maps onto the statutory language, together with the protected-speech limit above, is frequently the center of the case. The offense is a misdemeanor of the second degree, carrying up to 60 days of imprisonment and a fine of up to $500.
- Does the aggregate Florida sentencing data predict a disorderly conduct sentence?
- No. Statewide, across 3,937,598 analyzed charge dispositions in the public FDLE Clerk-of-Court data, 44% drew a recorded jail or prison sentence. That figure spans every charge type, not disorderly conduct alone, and is a floor over recorded sentences because the confinement field is blank on many charges. It is a descriptive aggregate over past records, not a prediction of what any disorderly-conduct case will draw; the outcome in a specific case depends on the conduct, the prior record, plea posture, and any enhancement, and the controlling statute governs. This is general legal information for practitioners, not legal advice.
This guide is general legal information for practitioners, not legal advice. The penalty figure is the statutory offense classification of Fla. Stat. § 877.03 and the maximum term and fine that follow from the offense degree under Fla. Stat. § 775.082 and Fla. Stat. § 775.083. Disorderly conduct is a broad, commonly-charged offense whose application turns on the specific conduct alleged and the first-amendment protected-speech limit described above, and an actual sentence varies with those facts, the prior record, and any enhancement. Confirm every figure and the current case law against the controlling statute and the record in front of you before relying on it.