Assault, Battery & Self-Defense

What is disorderly conduct in Florida?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
A second-degree misdemeanor covering conduct that corrupts public morals, outrages the sense of public decency, or affects the peace of others.

Disorderly conduct — also called breach of the peace — is a second-degree misdemeanor. The statutory language is broad, which is both why it's charged so often and why it's frequently defensible.

Because the statute is broad, courts have narrowed it considerably. Speech alone is generally protected unless it falls into a narrow category — words that by their utterance inflict injury or tend to incite an immediate breach of the peace, or that incite others to imminent lawless action.

That means loud arguing, profanity toward officers, expressing anger, and refusing to disperse are not automatically this offense, and charges based on speech alone are challengeable on constitutional grounds.

What tends to support the charge: physical conduct affecting others, fighting, or conduct genuinely disrupting a lawful assembly.

It's also frequently a companion charge — added to a resisting or battery arrest — which means it sometimes falls away when the primary charge is addressed.

If this rests on what you said, that's a real argument. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.