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Florida criminal charge

Breach of the peace; disorderly conduct in Florida

Misdemeanor of the Second DegreeCurrent through 2026 Florida legislative session

Breach of the peace; disorderly conduct is a Misdemeanor of the Second Degree under Florida criminal law, defined by Fla. Stat. § 877.03. As a Misdemeanor of the Second Degree, it is punishable within the statutory sentencing range Florida sets for that offense class. Florida sorts criminal offenses into felonies, misdemeanors, and petty offenses, each carrying its own penalty range.

Defined by Fla. Stat. § 877.03.

What is the penalty for breach of the peace; disorderly conduct in Florida?

Penalties for Breach of the peace; disorderly conduct
PenaltyRangeBasisAuthority
Jail / prisonup to 60 days (county jail, not state prison (s. 775.08(2)))discretionaryFla. Stat. § 775.082
Fineup to $500 (or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g)))discretionaryFla. Stat. § 775.082

Applies to current (2025 Florida Statutes).

Common questions about breach of the peace; disorderly conduct in Florida

Is breach of the peace; disorderly conduct a felony or a misdemeanor in Florida?

Breach of the peace; disorderly conduct is a Misdemeanor of the Second Degree in Florida under Fla. Stat. § 877.03.

What are the penalties for breach of the peace; disorderly conduct in Florida?

As a Misdemeanor of the Second Degree, breach of the peace; disorderly conduct carries up to 60 days (statutory maximum; the Criminal Punishment Code scoresheet (s. 921.0024) sets the lowest permissible sentence) of incarceration and a fine of up to $500 (statutory ceiling under s. 775.083; the alternatives in s. 775.083(1)(f)-(g) may exceed it) under Fla. Stat. § 775.082 (current (2025 Florida Statutes)).

Which Florida statute covers breach of the peace; disorderly conduct?

Breach of the peace; disorderly conduct is governed by Fla. Stat. § 877.03 (Breach of the peace; disorderly conduct).

This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.