The 2023 Florida Statutes (including Special Session C)
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. . . 1221] and amended in 2008 [995 So.2d 489], and 2018. 29.5 [DISORDERLY CONDUCT] [BREACH OF THE PEACE] § 877.03 . . . Lesser Included Offense [DISORDERLY CONDUCT] [BREACH OF THE PEACE] - § 877.03 CATEGORY ONE CATEGORY TWO . . .
. . . Section 877.03, Florida Statutes (2016), which criminalizes disorderly conduct, provides: Whoever commits . . . To withstand constitutional challenge, the Florida Supreme Court has limited the scope of section 877.03 . . . Stat. § 877.03, F.S.A., requires more than the creation of a mere annoyance." . . . conduct during the encounter with [the officer] was sufficient to sustain a conviction under section 877.03 . . .
. . . See §§ 784.011 & 877.03, Fla. Stat. (2013). . . . Section 877.03, Florida Statutes (2013), which criminalizes breach of the peace and disorderly conduct . . .
. . . Florida Statutes, § 877.03, defines and proscribes “disorderly conduct” as follows: Whoever commits such . . .
. . . that he believed he had probable cause to arrest Plaintiff for disorderly conduct in violation of § 877.03 . . . breach of the peace or disorderly conduct, shall be guilty of a misdemeanor of the second degree.... § 877.03 . . .
. . . . § 877.03, as interpreted by the Florida Supreme Court, in part because the court did not require that . . .
. . . . § 877.03. . . . Stat. § 877.03. . . . Stat. § 877.03. . . .
. . . . §§ 775.082(4)(b), 775.083(l)(e), 856.011, 877.03. . . . Stat. § 877.03. . . .
. . . violation of Florida Statutes § 848.01, and breach of the peace, in violation of Florida Statutes § 877.03 . . . Stat. § 877.03. . . . “[WJhere the basis for an arrest under § 877.03 is speech only, the statute’s application is limited” . . . However, “challenged conduct that involves something more than ‘mere speech’ remains subject to § 877.03 . . .
. . . . §§ 806.13(l)(b)(2) (criminal mischief); 877.03 (disorderly conduct); 775.082(4) (statutory maximum . . .
. . . The disorderly conduct statute, section 877.03, Florida Statutes (2010), provides in pertinent part: . . .
. . . M.L.J. appeals the trial court’s disposition order finding that he violated section 877.03, Florida Statutes . . .
. . . . § 877.03; K.M.B. v. State, 69 So.3d 311, 313 n. 4 (Fla.Dist.Ct.App. 4th Dist.2011); C.N. v. . . .
. . . Saunders, 339 So.2d 641, 644 (Fla. 1976) (limiting the application of section 877.03, Florida Statutes . . .
. . . . § 877.03, and (2) resisting arrest without violence, in violation of Fla. Stat. § 843.02. . . . Stat. § 877.03. . . . § 784.07), resisting arrest with violence (Fla.Stat. § 843.01) and disorderly conduct (Fla.Stat. § 877.03 . . . Stat. § 877.03 (a second degree misdemean- or). . . . The police do not rely on § 877.03 (or any statute) as an alternative basis for probable cause. . . . .
. . . section 843.01, Florida Statutes (2007), and one count of disorderly conduct in violation of section 877.03 . . . ANALYSIS Section 877.03, Florida Statutes (2007) states as follows: Breach of the peace; disorderly conduct . . . As the court explained: In light of these considerations, we now limit the application of Section 877.03 . . . With these two exceptions, Section 877.03 should not be read to proscribe the use of language in any . . . clear that “speech alone will not generally support a conviction for disorderly conduct” under section 877.03 . . .
. . . aged 15), was chai'ged in a petition for delinquency with disorderly conduct in violation of section 877.03 . . . of the State to prove that the actions and words used by A.S.C. constituted a violation of section 877.03 . . . Section 877.03 defines and proscribes disorderly conduct, as follows: Whoever commits such acts as are . . . Section 877.03 was limited by the high court so that it applies only to words which by their very utterance . . . Pursuant to Saunders and its progeny, to constitute a violation of section 877.03, there must be evidence . . .
. . . Plaintiffs were each charged with disorderly conduct in violation of Florida Statutes § 877.03. . . .
. . . arguable probable cause existed for arresting Ellis for violating Florida Statute Section 810.09 or 877.03 . . .
. . . Section 877.03, Florida Statutes (2003), defines the offense: Breach of the peace; disorderly conduct . . . not clearly delineated, and over time there have been numerous constitutional challenges to section 877.03 . . . the statute and concluded: In light of these considerations, we now limit the application of Section 877.03 . . . With these two exceptions, Section 877.03 should not be read to proscribe the use of language in any . . . The facts involved in the present case do not meet the limited application of section 877.03 as dictated . . .
. . . J.M. was charged with disorderly conduct in violation of sections 877.03 and 777.011, Florida Statutes . . .
. . . . § 877.03 "disorderly conduct,” was later changed by Defendants, the change of offense does not eliminate . . .
. . . . § 877.03, arguing that the district court failed to make sufficient findings to support a sentence . . .
. . . Further, the conduct would not qualify as disorderly conduct pursuant to section 877.03, Florida Statutes . . .
. . . . ■ Section 877.03, Florida Statutes (2004), states, in pertinent part: Breach of the peace; disorderly . . . problems, the supreme court' has narrowed the scope of the conduct that may be punished under section 877.03 . . . : In light of these considerations, we now limit the application of Section 877.03 so that it shall hereafter . . . With these two exceptions, Section 877.03 should not be read to proscribe the use of language in any . . .
. . . . § 877.03 provides in relevant part: Whoever commits such acts as are of a nature to corrupt the public . . . Stat. § 877.03. . . . Similar to probable cause for purposes of § 843.02, probable cause for purposes of § 877.03 cannot be . . . Dowling, 750 So.2d 674 (Fla.Dist.Ct.App.1999) (finding no arguable probable cause under § 877.03 when . . . Stat. §§ 843.02 and 877.03. . . . .
. . . charged the appellant, J.M.S., by delinquency petition with disorderly conduct in violation of section 877.03 . . .
. . . While section 877.03, Florida Statutes (2005), defines “disorderly conduct” to include “brawling or fighting . . .
. . . “Breach of the Peace” is defínéd by § 877.03, Fla. . . . Section 877.03, Florida Statutes defines a breach of the peace as occurring when a person commits “such . . . Stat. § 877.03. Florida courts have narrowly interpreted the meaning of this statute, State v. . . . Saunders, 339 So.2d 641, 643 (Fla.1976) (rejecting an expansive interpretation of Section 877.03) (citations . . .
. . . States Code, Section 111; and (2) breaching the peace or disorderly conduct, in violation of Section 877.03 . . . The second violation notice cites defendant with Disorderly Conduct in violation of Section 877.03, Florida . . .
. . . . § 877.03; (2) the district court erred by granting the government’s motion in limine to exclude evidence . . . of Lyons’s state-court acquittal on the § 877.03 charges; and (3) the imposition of a 235-month “armed . . . Stat. § 877.03. . . . Stat.] § 877.03.” . . . Stat. § 877.03, and, thus, that there was no basis for searching him incident to a lawful arrest. . . .
. . . State, 756 So.2d 1063 (Fla. 4th DCA 2000); § 877.03, Fla. Stat. (2001). . . .
. . . In turn, Florida Statute § 877.03 states in pertinent part: Whoever commits such acts as are of a nature . . . Stat., § 877.03. . . . So.2d 891 (Fla. 1st DCA 1986), the court affirmed a defendant’s conviction under Florida Statute § 877.03 . . .
. . . Disorderly conduct, however, proscribed by section 877.03, Florida Statutes (2001), required proof only . . .
. . . appellants sought a judgment declaring that Brevard County Ordinance 95-21 and sections 800.03 and 877.03 . . . a violation to appear nude in a public place or to appear nude so as to be in violation of section 877.03 . . . Section 877.03 provides: Whoever commits such acts as are of a nature to corrupt the public morals, or . . .
. . . .” § 877.03, Fla. Stat. (1987). . . . question the applicability of case law authority interpreting the disorderly conduct statute (section 877.03 . . .
. . . such conduct as to constitute a breach of the peace or disorderly conduct,” in violation of section 877.03 . . .
. . . . § 877.03, Fla.Stat. (1997). . . .
. . . ." § 877.03, Fla. Stat. (1999). . . . .
. . . . § 877.03, Fla. Stat. (1995). In State v. . . . So.2d 641 (Fla.1976), the supreme court held that the First Amendment limits application of section 877.03 . . . Absent one of these two circumstances, section 877.03 “should not be read to proscribe the use of language . . . conduct during the encounter with Officer Ragsdale was sufficient to sustain a conviction under section 877.03 . . . aside, and throwing his wallet at the officer’s chest constituted disorderly conduct under section 877.03 . . .
. . . The arrest was for disorderly conduct and disorderly intoxication under sections 877.03 and 856.011(1 . . .
. . . conduct which can support a conviction for disorderly conduct pursuant to Florida Statutes section 877.03 . . . [W]e now limit the application of Section 877.03 so that it shall hereafter only apply either to words . . . With these two exceptions, Section 877.03 should not be read to proscribe the use of language in any . . .
. . . . § 877.03 (1994). . . . .
. . . Section 877.03 Florida Statutes (1997) provides: Whoever commits such acts as are of a nature to corrupt . . . Stat. s 877.03, F.S.A., requires more than the creation of a mere annoyance. See K.S. v. . . .
. . . With these two exceptions, Section 877.03 should not be read to proscribe the use of language in any . . .
. . . . § 877.03 (1994). . . .
. . . The deputy’s testimony did not support a determination that the boys violated section 877.03, Florida . . . Saunders, 339 So.2d 641, 643 (Fla.1976) (prosecution under section 877.03 allowed only when defendant . . .
. . . . § 877.03, Fla. Stat. (1995). . § 893.13(6), Fla.Stat. (1995). . § 843.02, Fla. . . .
. . . fighting, or engages in such conduct as to constitute a breach of the peace or disorderly conduct-” § 877.03 . . . Since the maximum adult sentence for disorderly conduct is sixty days (§§ 877.03, 775.082(4)(b), Fla.Stat . . .
. . . See sections 877.03, 775.082(4)(b), Florida Statutes (1993). . . .
. . . Statutes, and with disorderly conduct (trying to spit on or fight the hospital staff), pursuant to section 877.03 . . .
. . . second question in the negative because the ordinance does not conflict with section 800.03 or section 877.03 . . . State, 340 So.2d 1155 (Fla.1976) (dealing with the application of section 877.03, Florida Statutes (1975 . . .
. . . The county court for Palm Beach County has determined that section 877.03, Florida Statutes (1993), is . . . Plaintiff was given a citation charging her with disorderly conduct in violation of section 877.03 and . . . issue by saying: “In any event, the constitutional objection raised against Florida Statute, Section 877.03 . . . The court added that “a person of reasonable intelligence would understand Section 877.03 to prohibit . . . as regards the use of section 877.03 to punish nude sunbathing on a public beach. . . .
. . . Saunders, 339 So.2d 641, 643 (Fla.1976), the supreme court adopted a narrow construction of section 877.03 . . . The supreme court stated, [W]e now limit the application of Section 877.03[, Florida Statutes,] so that . . . With these two exceptions, Section 877.03 should not be read to proscribe the use of language in any . . . Pursuant to Saunders and its progeny, to constitute a violation of section 877.03, there must be evidence . . .
. . . Your Affiant believes your Defendant is in violation of FSS 877.03. . . . Section 877.03, Florida Statutes, provides that: Whoever commits such acts as are of a nature to corrupt . . .
. . . The statute applicable, section 877.03, Florida Statutes, provides: Whoever commits such acts as are . . . (citation omitted) With these two exceptions, Section 877.03 should not be read to proscribe the use . . .
. . . which one may, consistent with the First Amendment, be found guilty of disorderly conduct under Section 877.03 . . . With these two exceptions, Section 877.03 should not be read to proscribe the use of language in any . . .
. . . disorderly conduct because the circuit court mistakenly believed that the latter crime under section 877.03 . . .
. . . Disorderly conduct is a second-degree misdemeanor, see § 877.03, Fla.Stat. (1991), and the maximum probationary . . .
. . . and reckless driving he was in fact conducting himself in a disorderly manner in violation of section 877.03 . . .
. . . other offenses, including assault (§ 784.011, Fla.Stat.), breach of the peace or disorderly conduct (§ 877.03 . . .
. . . through words addressed to two Leon County sheriffs deputies, engaged in conduct prohibited by section 877.03 . . .
. . . Section 877.03, Florida Statutes (1989) specifies that anyone who engaged in “brawling or fighting” is . . .
. . . . § 877.03, Fla.Stat. (1989). . . . .
. . . He was accused of having violated Florida Statute 877.03, entitled: “Breach of the Peace, Disorderly . . . disturbance to the “quiet of those who witnessed it.” 3. intent to commit such act (Florida Statute, section 877.03 . . .
. . . The question in this case is did Elmer violate 877.03 F.S. “Disorderly Conduct”. . . .
. . . He was found guilty of two: Breach-Of-Peace charged under Section 877.03 F.S. and Obstructing Police . . .
. . . officer Goldrich placed appellant under arrest and charged him with disorderly conduct under section 877.03 . . . 641 (Fla.1976), the supreme court gave a narrow, restrictive construction to the language of section 877.03 . . . statute, the court stated: In light of these considerations, we now limit the application of Section 877.03 . . . With these two exceptions, Section 877.03 should not be read to proscribe the use of language in any . . . Section 877.03 provides: Breach of the peace; disorderly conduct.— Whoever commits such acts as are of . . .
. . . . §§ 843.02, 877.03, Fla.Stat. (1983). . . .
. . . was to enforce the State prostitution laws, Chapter 796 or the Breach of The Peace statute, Section 877.03 . . .
. . . additionally that any substantial interference with the voting process would likely be punishable under § 877.03 . . .
. . . Sanders, 339 So.2d 641, in interpreting Florida Statute 877.03 of the Florida Statutes (1975), stated . . .
. . . of this case, failed to create a reasonable basis for his arrest for disorderly conduct under FS § 877.03 . . . Supreme Court of Florida in State v Saunders, 339 So.2d 641, 644 (Fla. 1976) in interpreting section 877.03 . . . stated: [W]e now limit the application of Section 877.03 so that it shall hereafter only apply either . . . With these two exceptions, Section 877.03 should not be read to proscribe the use of language in any . . .
. . . the exception of “fighting words” or words such as shouts of “fire” within a crowded theatre, Section 877.03 . . . 1984 the Defendant was arrested for, and charged with disorderly conduct pursuant to Florida Statute 877.03 . . . , will cause the utterance of expletives to constitutionally fall within the prohibition of Section 877.03 . . . the foregoing, it is unnecessary for this Court to rule on the Defendant’s contention that Section 877.03 . . .
. . . criminal mischief, section 806.13, Florida Statutes (1985), with those of disorderly conduct, section 877.03 . . .
. . . an appeal from a juvenile delinquency adjudication for disorderly conduct as proscribed by Section 877.03 . . .
. . . As to the first issue, section 877.03, Florida Statutes, defines disorderly conduct as follows: Whoever . . . Saunders, 339 So.2d 641 (Fla.1976), the supreme court further limited section 877.03 by holding that . . . speech which would support neither an arrest nor a conviction for disorderly conduct under section 877.03 . . . that the verbal epithets, taken alone, would most likely not have constituted a violation of section 877.03 . . .
. . . .” § 877.03, Fla.Stat. (1975). . . . changing social values as expressed in the new modes of dress, but are convinced that by enacting Section 877.03 . . . appellees having sexual relations in an automobile and charged the appellees with violating section 877.03 . . . The trial court dismissed the charges, finding section 877.03 unconstitutionally void for vagueness. . . . 340 So.2d 1155 (Fla.1976), in which we held that a topless sunbather may be arrested under section 877.03 . . . inapplicable because the prosecution in this case proceeded under Rule 16 D-2.04(l)(e), and not section 877.03 . . .
. . . the circuit court’s affirmance of his conviction in county court for conduct prohibited by section 877.03 . . .
. . . See § 877.03, Fla.Stat. (1983). . . .
. . . case, Case No. 84-27257MM10, charging for the first time, disorderly conduct as prohibited by Section 877.03 . . .
. . . outrage the sense of public decency,” as prohibited by the statute which defendant is charged, section 877.03 . . . Section 877.03 does not define the terms “corrupt the public morals” or “sense of public decency” in . . . Saunders, 339 So.2d 641 (Fla. 1976) (Section 877.03 also encompasses words like shouting “fire” in a . . . Though indecent and outrageous, defendant’s words were not fighting words and thus, section 877.03 does . . . For conviction under section 877.03, more must be shown than that the words were offensive to a part . . .
. . . . §§ 877.03, 104.11, 104.051, 104.061, 104.091, 104.185, 104.23, and 104.41. . . .
. . . . §§ 843.02, 877.03, Fla.Stat. (1983). . . .
. . . Goodmak-ers, apparently petitioner could have been charged with disorderly conduct pursuant to section 877.03 . . .
. . . . § 877.03 proscribing actions “as of a nature to corrupt the public morals, or outrage the sense of . . . Fla.Stat. § 877.03 is more problematical. . . . In fact, the district court declined to enjoin enforcement of the affected portion of § 877.03. . . . Therefore, the district court erred in reaching the constitutional validity of § 877.03. . . . Fla.Stat. § 877.03. . . . .
. . . prosecuted Goodmakers for the second-degree misdemean- or of disorderly conduct pursuant to section 877.03 . . . State, 340 So.2d 1155 (Fla.1977) (supreme court affirmed the convictions of two women under section 877.03 . . .
. . . The defendant’s conviction of disorderly conduct, under section 877.03, Florida Statutes (1981), is affirmed . . .
. . . . § 877.03. All Sheriffs and officers are required to perform their duties relating to elections. . . .
. . . Jacksonville Sheriff’s Office arrested Appellant on March 9, 1983, for violating M.O. 330.121, and Section 877.03 . . . threatening officers Winfrey and Wells of the Jacksonville Sheriff’s Office, and (2) violated Section 877.03 . . .
. . . Sec. 877.03, Fla.Stat. (1979); Sturman v. . . .
. . . however, such does appear to be the intention of the Florida Supreme Court, which has held that Section 877.03 . . .
. . . walking down the street can be protected through the enforcement of various Florida Statutes, such as § 877.03 . . .
. . . . § 877.03. At trial, on December 6, 1979, appellant was fined $500.00 plus court costs. . . . There is some confusion over whether this conviction was under § 877.03 or the Florida public nudity . . . conviction under § 800.03, but the appellant and the appellee both state that the conviction was under § 877.03 . . .
. . . Florida Statute 877.03 (Breach of the Peace): Whoever commits such acts as are of a nature to corrupt . . . Section 877.03, Florida Statutes, is Florida’s “Disorderly Conduct” statute. . . . Federal courts have twice declared Section 877.03 (or its identical predecessor) unconstitutional in . . . I assume defendants will not attempt to enforce the unconstitutional portions of Section 877.03. . . . The Florida Supreme Court has somewhat limited the application of Section 877.03 to conduct. . . .
. . . Bell to Anderson to constitute a breach of the peace or disorderly conduct, as proscribed by Section 877.03 . . .
. . . . § 877.03, Fla.Stat. (1979). . . .
. . . . §§ 877.03 , 870.02 (1979). . . . Section 877.03, Florida Statutes, provides: Whoever commits such acts as are of a nature to corrupt the . . .
. . . for a second degree misdemeanor, breach of the peace or disorderly conduct, in violation of Section 877.03 . . . Section 877.03, Florida Statutes (1977) provides, in part, as follows: “Whoever commits such acts as . . .