Fla. Stat. § 877.03

Disorderly Conduct

Disorderly conduct is one of Florida’s broadest charges — and that breadth cuts both ways. Here is what it covers and why free-speech limits often matter.

Attorney-Reviewed Statute Resource
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: June 2026

A Deliberately Broad Charge

Under § 877.03, disorderly conduct (also called breach of the peace) covers acts that corrupt public morals, outrage public decency, or disturb the peace. It is frequently charged in situations involving fights, public intoxication, or heated confrontations.

The Governing Statute
Fla. Stat. § 877.03 — Disorderly Conduct
"Whoever commits such acts as are of a nature to corrupt the public morals, or outrage the sense of public decency, or affect the peace and quiet of persons who may witness them … shall be guilty of a misdemeanor of the second degree."
Read the full statute on Online Sunshine →

Florida courts have narrowed this statute to protect free speech: mere words — even offensive or profane ones — are generally not disorderly conduct unless they incite an immediate breach of the peace (like "fighting words" or falsely shouting fire).

The Penalties

Disorderly Conduct — Penalties
Second-degree misdemeanor: up to 60 days in jail, up to $500 fine, and probation.

Though a lower-level offense, a conviction still creates a criminal record.

What a Defense Attorney Looks For

  • Free-speech protection. Whether the charge is based on protected words rather than conduct.
  • Whether the peace was actually breached or merely someone was annoyed.
  • Diversion to keep a first offense off your record.
  • The specifics of what was said and done.

Frequently Asked Questions

Can you be arrested for disorderly conduct for just yelling in Florida?
Usually not for words alone. Florida courts have narrowed § 877.03 to protect free speech — offensive or profane words are generally not disorderly conduct unless they are "fighting words" or incite an immediate breach of the peace.
How serious is disorderly conduct in Florida?
It is a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine. While lower-level, it still creates a criminal record, and its broad wording often gives the defense strong arguments.

Charged Under This Statute?

A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.

This page summarizes Fla. Stat. § 877.03 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.