So, how many different ways are there to be arrested for being “disorderly”? In Central Florida, the answer is a lot. Disorderly conduct laws are incredibly broad, giving the police wide discretion to decide what is “criminal” and what isn’t. It’s an area of law ripe for abuse, where a cop’s opinion can land you in handcuffs.
As a criminal defense attorney practicing in Orlando since 1993, I’ve seen countless people charged under these vague statutes. The truth is, many of these arrests are legally flawed from the start.
The Laws That Define “Disorderly”
While many cities in Florida have their own specific laws, the general State of Florida Statute § 877.03 is the most common. It criminalizes acts that:
- Corrupt the public morals or outrage the sense of public decency.
- Affect the peace and quiet of people who may witness them.
- Engage in brawling or fighting.
- Constitute a breach of the peace.
These broad definitions allow officers to make a lot of arrests. Just look at the statutes in a city like Daytona Beach, which have been used to target spring breakers for decades. They consider acts like making “unreasonably loud noise,” failing to obey a dispersal order, or loitering to be a crime. But the real question is, are they?
The First Amendment & “Fighting Words”
Much of what’s considered “disorderly” can directly conflict with your First Amendment right to free speech. Florida courts have been forced to put some limits on this. Specifically, a person’s speech alone can only constitute criminal disorderly conduct if it:
- Causes injury or tends to incite an immediate breach of peace.
- Is known to be false and endangers public safety (like shouting “fire!” in a crowded theater).
In other words, your words must be what the courts call “fighting words.” They have to incite a reaction that is more than just curiosity—they must incite a person to engage in an immediate breach of the peace. If your comments cause a legitimate public safety concern, the charges may stick.
Take the real-life example of a homeowner in Coral Springs who was yelling profanities like “fuck you” and “all of Coral Springs officers are assholes” at three officers who were issuing a citation. The homeowner was arrested and convicted. But the appellate court overturned the conviction, finding that the expletives did not amount to “fighting words” and did not outrage the sense of public decency. The court correctly ruled that expressing dissatisfaction, however vulgar, was protected speech. This is in sharp contrast to a case where the same expletives were used in front of crying children in a school cafeteria. Context matters. Ever been to a losing Magic game in Orlando? Unhappy fans and alcohol don’t always mix, but that doesn’t mean it’s a crime to be loud and angry.
Can a Cop Be “Offended”?
Another crucial defense in these cases comes down to a simple question: was anyone actually offended? The Florida disorderly conduct statute requires that the act “outrage the sense of public decency” or “affect the peace and quiet of persons who may witness them.” This language means someone must be offended. That “someone,” however, applies to citizens, not necessarily to law enforcement.
An officer, standing alone, will typically not qualify as an “offended” person in the eyes of the law. They are trained to handle public disturbances. I’ve seen cases where convictions for public nudity have been overturned because the undercover officers were the only ones who claimed to be “offended.” The courts correctly ruled that it’s virtually impossible to be criminally “offended” if you’re in a private establishment where you voluntarily went to see that type of performance.
If the prosecution cannot produce a single civilian witness to testify that they were offended or that the peace was disturbed, it’s a tough case for them to prove.
Don’t let a vague, abused law lead to a conviction. If you have been charged with disorderly conduct in Orlando, Orange, Seminole, or Osceola counties, or anywhere in Central Florida, you need an attorney who will aggressively defend your rights. With over three decades of experience, I know how to scrutinize the evidence and challenge the prosecution’s flimsy case.. For more information on this topic, check out my article “Today, Garden of Eden Would Be Illegal”.
John’s Takeaways
- Disorderly conduct laws are vague by design. This gives police broad discretion, which can often lead to an improper arrest.
- Your free speech is protected, even if it’s vulgar. Cursing at a police officer is not automatically a crime. The state must prove your words incited an immediate breach of the peace.
- Cops can’t be “offended.” Under Florida law, the prosecution often needs a civilian witness to prove someone was offended or that the peace was disturbed. An officer’s testimony alone often isn’t enough.
- Context is everything. The same behavior in a bar, on the street, or in a private club can be treated very differently by the courts.
About John Guidry II
John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 33 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.
Speak With an Orlando Disorderly Conduct / Intoxication Attorney Today
Yes, you probably thought disorderly conduct was a simple issue, but it’s not. Don’t worry, Orlando disorderly conduct/intoxication lawyer John Guidry has the experience and knowledge to help you thru, just pick up the phone, and schedule a free consultation. Free is good.
