Arrestable Offenses / Crimes under Fla. Stat. 856.011
S856.011 - DISORDERLY INTOX - DISORDER INTOX PUBLIC PLACE CAUSE DISTURBANCE - M: S
CopyCited 112 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 201
...How that policy decision is carried out is a ministerial act of the police officer. Arrest is one alternative. Another alternative is provided in section 396.072 which provides that intoxicated persons shall be taken into protective custody. A further alternative is section 856.011 which provides yet another means for getting a drunk off the highway....
CopyCited 21 times | Published | Supreme Court of Florida
...The state argues in its brief that this Court's recent decision in a similar case, Vernold v. State,
376 So.2d 1166 (Fla. 1979), precludes such a challenge subsequent to a plea of nolo contendere. In Vernold the defendant challenged the validity of Florida's disorderly intoxication statute, section
856.011, by a motion to dismiss, which motion was denied by the trial court. The defendant subsequently entered a plea of nolo contendere reserving the right to appeal the denial of his motion. In upholding the constitutionality of section
856.011 we stated: We need not consider the defendant's argument that the statute is unconstitutional as applied to him....
CopyCited 18 times | Published | Florida 2nd District Court of Appeal
...§§ 1346(b)-1346(f) (1976), we would have reached a contrary result. We also reject any assertion that sections
30.07 [2] and
30.15 [3] , Florida Statutes (1979), creates a special standard of duty and liability for sheriffs and their deputies. Although not argued by the parties, we have considered section
856.011, Florida Statutes (1979), relating to disorderly intoxication....
CopyCited 12 times | Published | Florida 5th District Court of Appeal
...[5] The argument raised on appeal was whether the lower court erred in giving or refusing various instructions and in failing to direct verdicts on several grounds. The appellate court stated that the trial judge erred in failing to instruct the jury on Fla. Stat. § 856.011(3) (1981) which provides: [A]ny peace officer, in lieu of incarcerating an intoxicated person for violation of subsection (1), may take or send the intoxicated person to his home or to a public or private health facility, and the law enfor...
CopyCited 12 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 219
...fficers who placed the drunk driver in the cab to be taken home, I would have no difficulty in finding that action did not give rise to liability as a matter of law. The officers were fulfilling a statutorily imposed duty in a reasonable manner. See § 856.011(3), Fla....
CopyCited 10 times | Published | Florida 1st District Court of Appeal
...ch his probation was revoked must fail. He contends his actions in talking loudly and flapping his arms did not violate the disorderly intoxication statute. We agree that appellant's behavior did not amount to disorderly intoxication as described in Section 856.011(1), Florida Statutes, and discussed in State v....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 1994 WL 525076
...l court abused its discretion in denying appellant's motion for mistrial made after the prosecutor commented, during closing argument, that Officer Weeks was a "good cop"; (9) the cumulative effect of trial errors deprived appellant of a fair trial. Section 856.011, Florida Statutes (1991), provides: (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....
CopyCited 8 times | Published | Supreme Court of Florida
...We have for review by direct appeal the judgment of the County Court for Pinellas *1167 County adjudicating Jeffrey Vernold guilty of the offense of disorderly intoxication. We have jurisdiction because, an order denying the defendant's motions to dismiss, the county court upheld the constitutionality of section 856.011, Florida Statutes (1977). The pertinent part of section 856.011 provides: (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. ..... The only question properly before us is the facial constitutionality of section 856.011....
CopyCited 8 times | Published | Supreme Court of Florida
...Petersburg, of the Law Offices of Clinton Marvin Tyler Green, Seminole, for appellee. McCAIN, Justice. This case is before the Court on direct appeal of an order of the County Court for Pinellas County, dismissing a charge of disorderly intoxication because of the unconstitutionality of Florida Statutes, Section 856.011....
...Holden, Jr., was informed against in two informations charging, to-wit: disorderly intoxication and resisting arrest. On the trial date, the appellee-defendant made a motion to dismiss the information charging disorderly intoxication because of the unconstitutionality of Fla. Stat. § 856.011....
...The trial court dismissed the charge of disorderly intoxication following stare decisis in that the statute had previously been declared unconstitutional by Judge Michael N. Athanson, County Judge in the County Court for Pinellas County in In Re Case of State v. Lucas, (Not Reported). Florida Statutes, Section 856.011 provides: "(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 publ...
CopyCited 7 times | Published | Florida 1st District Court of Appeal
...nce. The state urges on this appeal that the officer did have the authority to arrest appellant for disorderly intoxication because of the officer's testimony that appellant smelled of alcoholic beverages and acted as if he were under the influence. Section 856.011(1), Florida Statutes (1977) provides: "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 in or upon any public conveyance and cause a public disturbance." In State v....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal
...On appeal, appellant argues that the lower court erred in giving or refusing various instructions and in failing to direct verdicts on several grounds. We hold that the court erred in failing to instruct the jury on an applicable statute, and do not discuss the other issues raised. Section 856.011(3), Florida Statutes (1981), provides as follows: [A]ny peace officer, in lieu of incarcerating an intoxicated person for violation of subsection (1), may take or send the intoxicated person to his home or to a public or private healt...
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1990 WL 123103
...A trial was held, and at the end of the state's case, the defense moved for a judgment of acquittal. The motion was denied. A jury found the appellant guilty of disorderly intoxication and resisting arrest without violence, a lesser included offense. To sustain a conviction for disorderly intoxication as described in section 856.011(1), Florida Statutes, the state must prove not only that a person is intoxicated but that the public safety is endangered....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1990 WL 62868
...Gen., for appellee. Before BASKIN, JORGENSON and COPE, JJ. PER CURIAM. Lauro Molina appeals an order finding him guilty, but withholding adjudication, of disorderly intoxication. [1] We reverse. Molina was charged with disorderly intoxication in violation of section 856.011, Florida Statutes (1985), by consuming beer on the public sidewalk....
...Molina argued that he had never previously seen the city code section and had had no opportunity to investigate the nature of the ordinance and the defenses thereto. The trial court allowed the amendment and the case proceeded to trial. Section 25-33.1 is similar to section 856.011, Florida Statutes, in that both prohibit consumption of alcohol in a public place....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1988 WL 81850
...After the arrest the bag was picked up, examined and found to contain money and illegal drugs. A search of the defendant revealed more controlled substances. An information subsequently filed charged the defendant with three controlled substance violations and disorderly intoxication under section 856.011, Florida Statutes (1987)....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 10376
...3d 144, 145 (Fla. 1st DCA 2015).
The state alleged Palancar violated his probation by, among other
things, committing the new offense of disorderly intoxication and failing to
follow his probation officer’s instructions by committing the new offense.
Section 856.011, Florida Statutes, provides in pertinent part: “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.” § 856.011(1), Fla....
CopyCited 2 times | Published | Supreme Court of Florida
...Public Defender, Jacksonville, for appellant. Jim Smith, Atty. Gen., and Michael H. Davidson, Asst. Atty. Gen., Tallahassee, for appellee. ALDERMAN, Justice. Randall Cross appeals his conviction of the crime of disorderly intoxication in violation of section 856.011(1), Florida Statutes....
...section 3(b)(1), Florida Constitution. We hold that this statute is constitutional as applied to Cross and affirm his conviction. Cross was charged by information with being intoxicated and causing a public disturbance, contrary to the provisions of section 856.011(1)....
...Cross does not attack the facial validity of this statute but only challenges its constitutionality as applied to him under the particular facts of this case. Although conceding that he was intoxicated, Cross alleges that the State's case against him for violation of section 856.011 was based on his utterance of words protected by the first and fourteenth amendments to the Constitution *521 of the United States and article I, section 4, of the Florida Constitution. We do not agree with Cross that, under the facts of this case, section 856.011(1) was applied to him in an unconstitutional manner so as to intrude upon his first amendment freedom of speech rights....
...a willful disturbance of a school by appellant, in violation of Section
871.01, Florida Statutes.
355 So.2d at 1179. Furthermore, contrary to Cross' assertion, we find that the evidence adduced at trial is sufficient to support his conviction under section
856.011....
...1958)] to have "prompted" revision of the appellate system.
151 So.2d at 445 (Thomas, J., dissenting). BOYD, Justice, dissenting. I respectfully dissent. Randall Jack Cross was convicted in a jury trial of the crime of disorderly intoxication, a misdemeanor in violation of section
856.011(1), Florida Statutes (1975)....
...During his trip to the police station, the appellant continued to loudly protest his arrest and to berate the officer, even threatening him with physical harm. He did not resist arrest, however, nor did his conduct interfere with the officer's execution of his intended course of action. Section 856.011(1), Florida Statutes (1975), provides as follows: 856.011 Disorderly intoxication (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....
...committed or words spoken caused or would tend to cause danger to "the safety of another person or property" or created "a public disturbance." *525 I would reverse the judgment and remand with directions that the appellant be discharged. NOTES [1] Section 856.011(1), Florida Statutes (1975), provides: 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....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit | 2013 WL 28255
...See United States Sentencing Guidelines Manual
§ 2L1.2(b)(1)(A)(ii) (Nov. 2010). Third, Garcia-Sandobal contends that the
district court erred when it increased his criminal history score by counting a prior
conviction for disorderly intoxication, Fla. Stat. § 856.011....
...Florida punishes disorderly intoxication and disorderly conduct under
an identical scheme: both offenses are classified as second-degree misdemeanors,
and both offenses carry a maximum penalty of 60 days in jail and a $500 fine, as
provided in sections
775.082 and
775.083. See Fla. Stat §§
775.082(4)(b),
775.083(1)(e),
856.011,
877.03....
...intoxication is similar to a conviction for “disorderly conduct or disturbing the
peace” and should count toward Garcia-Sandobal’s criminal history score. The
offense of disorderly intoxication carries a maximum jail sentence of 60 days, Fla.
Stat. §§
775.082(4)(b),
856.011, and Garcia-Sandobal was initially sentenced to 50
days of imprisonment and 12 months of probation....
...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.” Fla. Stat. § 856.011(1)....
...te punishes more culpable conduct than
either the common law or the Model Penal Code: the Florida statute requires that
an individual actually “endanger the safety of another person or property” or
“cause a public disturbance.” Fla. Stat. § 856.011(1)....
...Stat. Ann. § 222.202(1); 18 Pa. Cons.
Stat. Ann. § 5505; Tex. Penal Code Ann. § 49.02; Utah Code Ann. § 76-9-701.
But the Florida disorderly intoxication statute punishes only activity that actually
endangers or disrupts the public. Fla. Stat. § 856.011(1).
21
Case: 11-12196 Date Filed: 01/03/2013 Page: 22 of 26
The similarities between the Florida statute and the statutes of two other
states also suggest that Garcia-...
...ty when it presents an increased risk
of harm to others.” Hernandez,
634 F.3d at 320. Garcia-Sandobal was convicted
of actually “endanger[ing] the safety of another person or property” or “caus[ing] a
public disturbance.” See Fla. Stat. §
856.011....
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 15259
...nable to walk without wobbling. Former Fla.Stat. § 856.01, which prohibited voluntary intoxication, was repealed effective July 1, 1973. Chapter-71-132, §§ 17 and 21, Laws of Florida, 1971. Appellee now seeks to justify the arrest under Fla.Stat. § 856.011, which provides: (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....
...Roberts v. State, Fla.App.2d 1975,
318 So.2d 166 . However, the record is devoid of evidence that appellant was causing a public disturbance or endangering the safety of another person or property. Since the arrest cannot be justified under Fla.Stat. §
856.011, it was an illegal arrest....
CopyPublished | Florida 1st District Court of Appeal | 9 Fla. L. Weekly 2333, 1984 Fla. App. LEXIS 15802
...The question before us, as was said, is the standard of proof. The trial judge found “[t]hat he did not endanger the safety of another person or another’s property.” The trial judge also found “[tjhat he did not cause a public disturbance, within the meaning of Florida Statute 856.011.” While the trial judge may conclude the facts would not support a verdict of guilty if he were trying the case he could not have properly concluded that the police officer did not have substantial reason to believe appellee was guilty....
...the traditional language, with probable cause to believe, that appellee was endangering others and their property. The order is reversed and this cause remanded for trial. REVERSED and REMANDED. COBB, C.J., and FRANK D. UP-CHURCH, Jr., J., concur. . § 856.011, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 11506, 1994 WL 652848
...section
901.151. Even if the stop of appellant were valid, Officer Van Nelson lacked probable cause to believe that appellant was armed. Accordingly, we reverse the denial of appellant’s motion to suppress. ALLEN, WEBSTER and DAVIS, JJ., concur. . Section
856.011(1), Florida Statutes, provides: 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...
CopyPublished | Florida 2nd District Court of Appeal | 1990 Fla. App. LEXIS 8361, 1990 WL 165352
...We hold that the second count (though substantive in nature) constituted an amendment under the rules of procedure, and not a new offense committed under different circumstances. Accordingly, the order being appealed is REVERSED. DAUKSCH and GOSHORN, JJ., concur. . § 856.011, Fla.Stat....
CopyPublished | Florida 1st District Court of Appeal | 2001 Fla. App. LEXIS 3426, 2001 WL 261602
PER CURIAM. Appellant’s conviction for the offense of disorderly intoxication is reversed and the case is remanded with directions to vacate the conviction, because the evidence was legally insufficient to establish, as required by section 856.011(1), Florida Statutes (1999), that he caused “a public disturbance.” See Jernigan v....
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 15246
...e. The state urges on this appeal that the officer did have the authority to arrest appellant for disorderly intoxication because of the officer’s testimony that appellant smelled of alcoholic beverages and acted as if he were under the influence. Section 856.011(1), Florida Statutes (1977) provides: “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 pl...
CopyPublished | Florida 1st District Court of Appeal | 1981 Fla. App. LEXIS 20373
city ordinance substantially identical to section 856.-011, Florida Statutes. The search following his
CopyPublished | Supreme Court of Florida
...that a person “loudly and profanely” yelling at a police officer, to the
point that “[s]everal persons were drawn to the scene,” created a
“public disturbance” under Florida’s disorderly intoxication statute.
Cross v. State,
374 So. 2d 519, 520-21 (Fla. 1979) (citing
§
856.011(1), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 1989 WL 602
...Thereafter, Thompson filed a motion to suppress evidence alleging unreasonable search and seizure. This appeal followed. The trial court granted the motion to suppress based upon its erroneous conclusion that the ordinance is facially unconstitutional and violative of section
856.011, Florida Statutes (1985). Section
856.011 governs the condition of disorderly intoxication. Section 396.161 also addresses the condition of public intoxication. The ordinance, in contrast, proscribes the act of consuming alcoholic beverages in public. See State v. Joyce,
529 So.2d 791 (Fla. 3d DCA 1988) (conviction for violation of section
856.011, unlike city ordinance, requires that accused create public disturbance in addition to consuming alcoholic beverages in public place)....
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 1366, 1996 WL 64813
...6 *1021 Accordingly, the defendant’s sentences are reversed and this case remanded for resen-tencing. REVERSED and REMANDED. HARRIS and THOMPSON, JJ., concur. . §
843.01, Fla.Stat. (1989). . §
784.07(2)(a), Fla.Stat. (1989). . The defendant was also convicted and sentenced on Count II of disorderly intoxication, section
856.011, Florida Statutes (1989)....
CopyPublished | Florida 5th District Court of Appeal | 1998 WL 518611
...he time of Austin's death, and the sheriff did not offer Austin protection. Because there has been no showing that the sheriff owed a duty to Austin in particular, we affirm the summary judgment. AFFIRMED. PETERSON and ANTOON, JJ., concur. NOTES [1] Section 856.011, which deals with disorderly intoxication, provides in part: Any peace officer, in lieu of incarcerating an intoxicated person for violation of subsection (1), may take or send the intoxicated person to his home or to a public or priv...
