The “Disorderlies” as I call them are misdemeanors. Each is punishable by up to 60 days in jail and a fine of up to $500.00.
877.03 Breach of the peace; 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, or engages in brawling or fighting, or engages in such conduct as to constitute a breach of the peace or disorderly conduct, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083
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.(2) Any person violating the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.(3) Any person who shall have been convicted or have forfeited collateral under the provisions of subsection (1) three times in the preceding 12 months shall be deemed a habitual offender and may be committed by the court to an appropriate treatment resource for a period of not more than 60 days. Any peace officer, in lieu of incarcerating an intoxicated person for violation of subsection (1), may take or send the intoxicated person to her or his home or to a public or private health facility, and the law enforcement officer may take reasonable measures to ascertain the commercial transportation used for such purposes is paid for by such person in advance. Any law enforcement officers so acting shall be considered as carrying out their official duty.
The statutes only apply to “public” conduct. Acting up in a private home or other places not open to the public at large is not covered. An arrest for Disorderly Intoxication does not require intoxilyzer breath testing or blood tests and these are virtually never used for this purpose.
Disorderly Conduct has no “intoxication” requirement. Acting up in public to the degree that the public’s sense of decency is offended is what is required. In the 21st century it has become harder to achieve that level of obnoxiousness, but some still try.
The First Amendment to our Constitution does limit the application of these statutes by forbidding their use to stifle free expression.