Florida Disorderly Conduct and Trespass Laws: Penalties (2026)

Florida punishes disorderly conduct and breach of the peace under one short statute, section 877.03 of the Florida Statutes, as a second-degree misdemeanor carrying up to 60 days and a fine of up to $500. In State v. Saunders (1976), the Florida Supreme Court limited the statute, as applied to speech, to fighting words and knowingly false reports of a physical hazard, and said that, with those two exceptions, it should not be read to proscribe the use of language.

Criminal trespass is mainly two statutes: section 810.08 for structures and conveyances and section 810.09 for other property. Both are misdemeanors in their ordinary forms, but trespass becomes a third-degree felony, punishable by up to 5 years, when the trespasser is armed, when the property is one of the specially posted sites the statute lists, or when the property is critical infrastructure (section 812.141(4)). For other states, see our guide to disorderly conduct and trespass laws by state.

Information last verified on 2026-10-18. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Florida's state criminal statutes on breach of the peace and disorderly conduct (section 877.03), related public-order offenses in chapters 856, 870, 871 and 877, false-report and threat offenses in chapters 365, 790, 806, 817 and 836, section 252.50, and criminal trespass (chapter 810, section 812.141 and related sections). It does not cover local noise ordinances and quiet hours (see Florida noise laws), the civil procedure for removing squatters (see Florida squatters' rights), use of force against an intruder (see Florida self-defense laws), local ordinances, civil trespass lawsuits, or federal property rules.

Breach of the peace and disorderly conduct: section 877.03

Section 877.03 is a single paragraph with no subsections. In full, the offense reads:

"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." (Fla. Stat. 877.03)

The statute names no mental state and defines none of its terms. It also has no separate clauses for noise, abusive language, obstructing traffic, refusing to disperse or displaying a weapon; those subjects are handled by other statutes or not at all. For noise rules and quiet hours, see our Florida noise ordinance laws page.

The penalty

A second-degree misdemeanor is punishable by "a definite term of imprisonment not exceeding 60 days" (section 775.082(4)(b)) and a fine of up to $500 (section 775.083(1)(e)). The statute's last amendment was chapter 86-174, in 1986.

How the Florida Supreme Court limited the statute

To avoid the constitutional problem of overbreadth, the Florida Supreme Court narrowed section 877.03 in State v. Saunders, 339 So. 2d 641 (Fla. 1976). The court limited the statute so that it applies "either to words which 'by their very utterance ... inflict injury or tend to incite an immediate breach of the peace,'" or "to words, known to be false, reporting some physical hazard in circumstances where such a report creates a clear and present danger of bodily harm to others." The opinion continued:

"We construe the statute so that no words except 'fighting words' or words like shouts of 'fire' in a crowded theatre fall within its proscription, in order to avoid the constitutional problem of overbreadth ... With these two exceptions, Section 877.03 should not be read to proscribe the use of language in any fashion whatsoever."

Related public-order offenses in Florida

Florida keeps fighting, riots, disruptions and false alarms in several chapters. These are the main offenses that sit beside section 877.03; the list is not every public-order crime in the Florida Statutes.

Affray, riot and unlawful assembly (chapter 870)

• Affray, section 870.01(1). A person commits an affray by engaging, "by mutual consent, in fighting with another person in a public place to the terror of the people." It is a first-degree misdemeanor. One-sided attacks fall under the assault and battery statutes; see Florida assault and battery laws.
• Riot, section 870.01(2). Willfully participating "in a violent public disturbance involving an assembly of three or more persons, acting with a common intent to assist each other in violent and disorderly conduct," resulting in injury, property damage, or imminent danger of either. It is a third-degree felony. In DeSantis v. Dream Defenders (Fla. 2024), answering a question from the federal appeals court, the Florida Supreme Court held that section 870.01(2) does not apply to "a person who is present at a violent protest, but neither engages in, nor intends to assist others in engaging in, violent and disorderly conduct."
• Aggravated rioting, section 870.01(3). A riot in which the person participates with 25 or more other persons, causes great bodily harm to a nonparticipant, causes more than $5,000 in property damage, displays, uses, threatens to use or attempts to use a deadly weapon, or by force or threat endangers the safe movement of a vehicle on a public road. It is a second-degree felony.
• Inciting a riot, section 870.01(4) and (5). Willfully inciting another to participate in a riot, resulting in a riot or imminent danger of one, is a third-degree felony. It is a second-degree felony if the riot results in great bodily harm to a nonparticipant or more than $5,000 in property damage, or if the person supplies a deadly weapon or teaches someone to prepare one for use in a riot.
• Bail rule, section 870.01(6). Except for affray, a person arrested under section 870.01 "shall be held in custody until brought before the court for admittance to bail."
• Protest clause, section 870.01(7). "This section does not prohibit constitutionally protected activity such as a peaceful protest."
• Unlawful assembly, section 870.02. "If three or more persons meet together to commit a breach of the peace, or to do any other unlawful act, each of them commits a misdemeanor of the second degree." The same custody-until-bail rule applies.
• Refusing to disperse, section 870.04. When officers command a riotous or unlawful assembly to disperse, a person present who refuses to help when commanded, or who refuses to leave when required, "shall be deemed one of the rioters or persons unlawfully assembled, and may be prosecuted and punished accordingly." The section sets no separate grade.
• Violating emergency measures, section 870.048. When the sheriff or a designated city official declares a state of emergency under section 870.043, section 870.045 lets the official order measures such as curfews, restrictions on movement, standing and parking, and bans on possessing containers of alcoholic beverages in a public place. Violating any of them is a first-degree misdemeanor.
• Violating state emergency management rules or orders, section 252.50. Violating any provision of sections 252.31 to 252.90 (the State Emergency Management Act), "or any rule or order made pursuant to" those sections, is a second-degree misdemeanor.
• Unlicensed armed drills or parades, section 870.06. Forming or taking part in a military organization that drills or parades in public with firearms without the Governor's special license, other than the militia, U.S. troops and students in required military science courses, is a second-degree misdemeanor.

Disorderly intoxication and loitering (chapter 856)

• Disorderly intoxication, section 856.011. "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." It is a second-degree misdemeanor. A person convicted three times in the preceding 12 months is a habitual offender who may be committed to a treatment resource for up to 60 days, and an officer may take an intoxicated person home or to a health facility instead of jail.
• Loitering or prowling, section 856.021. Loitering or prowling "in a place, at a time or in a manner not usual for law-abiding individuals, under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity." Unless flight or another circumstance makes it impracticable, the officer must first give the person a chance to dispel the concern by identifying themselves and explaining their presence. No one may be convicted if the officer skipped that step, or if the explanation was true and, if believed, would have dispelled the alarm. It is a second-degree misdemeanor.
• Loitering near children by certain offenders, section 856.022. A person convicted of a listed sexual offense against a minor who loiters or prowls within 500 feet of a place where children were congregating commits a first-degree misdemeanor; the section also restricts contact with children in parks, playgrounds and public pools and presence at schools and child care facilities.

Disturbing schools, worship, funerals and events (chapters 871 and 877)

• Disturbing a school or assembly, section 871.01(1). Willfully and maliciously interrupting or disturbing any school or any assembly met for worship, to acknowledge a death, "or for any other lawful purpose" is a first-degree misdemeanor. Making a credible threat while doing so raises it to a third-degree felony.
• Military funeral honors, section 871.01(2). Willfully disturbing an assembly acknowledging a death with a military funeral honors detail is a first-degree misdemeanor.
• Funeral protests, section 871.015. Knowingly engaging in protest activities, defined as any action, including picketing, "undertaken with the intent to interrupt or disturb a funeral or burial," within 500 feet of the property line of a residence, cemetery, funeral home, house of worship or other location during a funeral or burial there, or within one hour before or after it, is a first-degree misdemeanor. The section does not reach protest beside the part of a funeral procession that extends beyond that 500 feet.
• Sporting and entertainment events, section 871.05. Intentionally touching or striking a participant against their will, or willfully entering or remaining in a restricted area during a covered event without authorization, is a first-degree misdemeanor, punishable as provided in section 775.082 or by a fine of up to $2,500. Willfully entering or remaining in a venue during a ticketed event "wherein attendance exceeds 5,000 persons," without authorization, is a third-degree felony, as is paying or offering value to another person to commit any of these violations.
• School disruption, section 877.13. Knowingly disrupting or interfering with the lawful administration or functions of a school, school board or activity on school board property, interfering with others' attendance, or encouraging pupils or employees to disrupt, is a second-degree misdemeanor.
• Residential picketing, section 810.15. Picketing or protesting before or about a person's dwelling "with the intent to harass or disturb that person in his or her dwelling" is a second-degree misdemeanor. Before an arrest, an officer must command the person to "immediately and peaceably disperse."

False reports, hoaxes and threats (chapters 365, 790, 806, 817 and 836)

• False report of a bomb, weapon of mass destruction or shooting, sections 790.163 and 790.164. Making a false report, "with intent to deceive, mislead, or otherwise misinform any person," about the placing of a bomb, explosive or weapon of mass destruction, or "concerning the use of firearms in a violent manner against a person or persons," is a second-degree felony. Section 790.164 adds false reports of arson or other violence to property of the state or a political subdivision. Under both sections, adjudication of guilt or imposition of sentence "may not be suspended, deferred, or withheld," proof that the report was knowingly false is prima facie evidence of the intent, and the court may order restitution of response costs.
• Hoax bombs and hoax weapons of mass destruction, sections 790.165 and 790.166(3). Without lawful authority manufacturing, possessing, sending, displaying, using, threatening to use or making accessible a hoax bomb or a hoax weapon of mass destruction is a second-degree felony. Section 790.165(4) exempts listed people acting within the scope of their work, such as law enforcement officers, firefighters, authorized security testers and theatrical performers.
• Threat to throw or discharge a destructive device, section 790.162. Threatening to throw, project, place or discharge any destructive device with intent to do bodily harm to any person or damage to property is a second-degree felony.
• Written or electronic threats, section 836.10. Sending, posting or transmitting a writing or other record, including an electronic record, in a way another person may view it, containing a threat to kill or do bodily harm to another person or to "conduct a mass shooting or an act of terrorism," is a second-degree felony. An "electronic record" for this section does not include a telephone call.
• Threats against officials, section 836.12. Knowingly and willfully threatening a law enforcement officer, a state attorney or assistant state attorney, a firefighter, a judge or justice, a general or special magistrate, a child support enforcement hearing officer, a judicial or administrative assistant, a clerk of the court or clerk personnel, an elected official, or a family member of any of them, with death or serious bodily harm is a first-degree misdemeanor; a second or subsequent violation is a third-degree felony.
• False report of a crime, section 817.49. Willfully giving a law enforcement officer or public safety agency employee false information about the alleged commission of a crime, knowing it is false, when no such crime was committed, is a first-degree misdemeanor. If the false report draws a public safety response that results in great bodily harm, permanent disfigurement or permanent disability, it is a third-degree felony; if it results in death, a second-degree felony. Restitution of the agency's response costs is mandatory.
• Misusing 911, section 365.172(14). Calling 911 to make a false alarm or complaint or report false information "that could result in the emergency response of any public safety agency," knowingly using 911 for anything other than obtaining public safety assistance, or using it to avoid a charge for service, is a first-degree misdemeanor. A false 911 report whose emergency response results in great bodily harm, permanent disfigurement or permanent disability is a third-degree felony, and one resulting in death is a second-degree felony. Continuing unauthorized use after two or more convictions is a third-degree felony.
• False fire alarm, section 806.101. Making or circulating a false alarm of fire "without reasonable cause" is a first-degree misdemeanor for a first conviction and a third-degree felony for a second or later conviction.

Public camping

Section 125.0231 bars counties and cities from authorizing or allowing anyone "to regularly engage in public camping or sleeping on any public property." The section contains no criminal penalty; subsection (4) provides a civil action to enforce it. Local ordinances are outside this page.

Federal law separately governs conduct on federal property and at the U.S. Capitol; the disorderly conduct and trespass laws by state hub covers that layer.

Criminal trespass in Florida

Florida does not number trespass degrees. The offense depends on what kind of property is involved, and the grade then depends on facts such as whether a person was inside, whether the trespasser was armed, and how the property was posted.

Key definitions

Section 810.011 defines terms for all of chapter 810. A "structure" is "a building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof." A "dwelling" is a building or conveyance with a roof that is "designed to be occupied by people lodging therein at night," with its curtilage. A "conveyance" is "any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car." During a declared state of emergency, within the covered area and for burglary and section 810.08 only, a structure or dwelling includes the remnants left at the site even without a wall or roof.

Trespass in a structure or conveyance: section 810.08

A person commits trespass in a structure or conveyance by willfully entering or remaining in one "without being authorized, licensed, or invited," or by having been authorized, licensed or invited and then being "warned by the owner or lessee of the premises, or by a person authorized by the owner or lessee, to depart and refuses to do so."

• Base grade: a second-degree misdemeanor (up to 60 days, up to $500).
• A person inside: a first-degree misdemeanor (up to 1 year, up to $1,000) if a human being is in the structure or conveyance when the offender trespasses or is there.
• Armed: a third-degree felony (up to 5 years, up to $5,000) if the offender is armed with a firearm or other dangerous weapon, or arms themselves inside.

Trespass on other property: section 810.09

Section 810.09 covers land and anything else that is not a structure or conveyance. A person commits it by willfully entering or remaining without authorization where "notice against entering or remaining is given, either by actual communication to the offender or by posting, fencing, or cultivation as described in s. 810.011." It also covers entering or remaining on the unenclosed curtilage of a dwelling "with the intent to commit an offense thereon, other than the offense of trespass."

The base grade is a first-degree misdemeanor. Section 810.09(2)(a) also names defying an order to leave personally communicated by the owner or an authorized person, opening a door, fence or gate or otherwise exposing animals, crops or property, and dumping litter, each a first-degree misdemeanor. An "authorized person" includes the owner, an agent, a community association acting as agent, or a law enforcement officer whose department has the owner's written authorization to order people to leave "in the case of a threat to public safety or welfare" (810.09(3)).

If the offender is armed with a firearm or other dangerous weapon, trespass on property is a third-degree felony (810.09(2)(b)).

Questions about force in defense of property are covered on our Florida self-defense laws page.

Felony trespass on specially posted property

Section 810.09(2) makes trespass a third-degree felony on several kinds of property. Most require the property to be "legally posted and identified in substantially the following manner," followed by a set warning that ends "AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY."

• Construction sites, 810.09(2)(c). Sites over 1 acre must be legally posted and identified with the construction-site warning. Sites of 1 acre or less need a sign with the warning in letters at least 2 inches high, placed where the construction permits are located; posting under section 810.011(5) may not be necessary for those smaller sites.
• Commercial horticulture property, 810.09(2)(d), and agricultural testing or research sites, 810.09(2)(e), each posted with its statutory warning.
• Certified domestic violence centers, 810.09(2)(f), posted as a "designated restricted site."
• Shooting or launching across private land, 810.09(2)(g). Knowingly propelling a potentially lethal projectile, from a firearm, bow, crossbow or similar device, over or across private land without authorization while taking or attempting to take certain wildlife, or while killing or endangering certain animals. No posting is required for this form.
• Agricultural chemicals manufacturing facilities, 810.09(2)(h), posted with the statutory warning.
• Airport operational areas, 810.09(2)(i). Trespass "with the intent to injure another person, damage property, or impede the operation or use of an aircraft, runway, taxiway, ramp, or apron area," on a posted operational area.
• Commercial agricultural property, 810.09(2)(j). Trespass "with the intent to commit a crime" on commercial agricultural property posted with signs in letters at least 2 inches high at each pedestrian and vehicle entrance. A first-time offender under 18 must be offered a diversion program.
• Areas secured by law enforcement, 810.09(2)(k). An area "being maintained or secured by federal, state, or local law enforcement officers" that is posted as a "designated restricted site secured by law enforcement." This paragraph was added by chapter 2025-30 (HB 1447), approved and effective May 16, 2025; it was not part of Florida law before that date.

Critical infrastructure: section 812.141

Section 812.141(4) makes it a third-degree felony to willfully enter or remain on critical infrastructure without authorization when notice against entering is given "either by actual communication to the offender or by posting, fencing, or cultivation as described in s. 810.011." Critical infrastructure includes any linear asset, meaning electric distribution or transmission lines, oil or gas pipelines, communication wirelines and railways, with their attachments, and, where the owner uses fences, barriers, guard posts or no-trespassing signs to keep people out, facilities such as:

• electric generation, transmission and distribution facilities and substations;
• chemical or rubber facilities, mining facilities, natural gas compressor stations and storage, gas processing plants, and liquid natural gas or propane terminals or storage of 4,000 gallons or more;
• communications towers and equipment, and radio and television transmission facilities;
• water intake and treatment plants, wastewater plants, and pump and lift stations;
• seaports, railroad switching yards and freight terminals, airports and spaceports;
• military bases and defense research facilities, and dams and other water control structures.

Section 812.141 was created by chapter 2024-197 and amended by chapter 2025-6.

Schools and campuses

• Trespass on school grounds, section 810.097. Entering or remaining on a school campus or facility without legitimate business or other authorization, or while under suspension or expulsion, is a second-degree misdemeanor. Entering or remaining after the principal or a designee has directed the person to leave, or not to enter, is a first-degree misdemeanor. The section covers kindergarten through secondary schools, public or nonpublic, and since chapter 2025-109 (effective July 1, 2025) a school includes its school buses; a clearly posted sign or a verbal warning from the bus operator, the principal, a school district employee or law enforcement is sufficient notice for boarding or remaining on a school bus without authorization.
• School safety zones, section 810.0975. A school safety zone is within 500 feet of property used for elementary, middle or high school education. From one hour before a school session to one hour after it, entering or remaining there without legitimate business is a second-degree misdemeanor, as is willfully failing to leave when the principal or designee, with a reasonable belief that the person will commit a crime or is harassing or intimidating students, asks. Either is a first-degree misdemeanor for a person with a prior conviction for an offense in chapter 874. Section 810.0975 states that it does not abridge the right to peaceably assemble and protest and does not apply to residents or people operating a licensed commercial business in the zone.
• Weapons while trespassing on school property, section 810.095. Bringing or possessing a weapon or firearm while trespassing on the grounds or facility of a school from kindergarten through postsecondary, public or private, is a third-degree felony.
• College campuses, section 810.098. Willfully entering a state university or Florida College System campus without authorization "for the purpose of threatening or intimidating another person," and refusing to leave after a warning, is a first-degree misdemeanor.

Fairgrounds, hotels and restaurants

• Fairgrounds, section 616.185(2). Trespass on the grounds of the Florida State Fair Authority or a permitted fair association is a second-degree misdemeanor.
• Hotels and restaurants, section 509.141(3). A guest of a public lodging or food service establishment "who remains or attempts to remain in any such establishment after a request by the operator to depart" commits a second-degree misdemeanor.

Hunting and wildlife on private land

Besides the projectile felony in section 810.09(2)(g), the wildlife chapter adds its own penalties. Entering private property and shining lights on it, without the owner's express permission and with intent to take deer, is a Level Three violation (section 379.404(6)), which is a first-degree misdemeanor for a person with no Level Three or higher conviction in the past 10 years (section 379.401(3)(b)1.). A person who illegally kills, takes, possesses or sells fish and wildlife while violating chapter 810 must also pay a $500 fine for each violation, plus court costs and any restitution (section 379.401(5)).

What counts as notice, and is there a purple paint law?

Under section 810.09, notice can come from telling the person directly ("actual communication") or from posting, fencing or cultivation as section 810.011 describes them. Land that is posted, cultivated or fenced as defined "shall be considered as enclosed and posted," and unauthorized entry onto enclosed and posted land "shall be prima facie evidence of the intention of such person to commit an act of trespass" (section 810.12(1)).

Chapter 810's posting rules contain no purple paint provision; the painted-notice option in section 810.011(5)(a)2 uses international orange.

Two related offenses protect the notices themselves. Willfully removing, destroying or reducing the legibility of a posted notice on legally enclosed or posted land is a first-degree misdemeanor (section 810.10). Willfully and maliciously breaking or cutting a fence on land that is not one's own is a first-degree misdemeanor, and a third-degree felony for a second offense or when the fence holds animals (section 810.115).

When a store, owner or school tells you to leave

The statutes use the warning itself as an element. Section 810.08(1) covers a person who entered with permission and then "is warned by the owner or lessee of the premises, or by a person authorized by the owner or lessee, to depart and refuses to do so." Section 810.09(2)(a) covers defying "an order to leave, personally communicated to the offender by the owner of the premises or by an authorized person." For schools, refusing a principal's direction to leave raises school-grounds trespass to a first-degree misdemeanor (section 810.097(2)); hotels and restaurants have their own rule in section 509.141(3).

Squatting

Florida treats occupying someone else's home through two separate tracks. Section 82.036 is a civil procedure: a property owner may ask the county sheriff for "the immediate removal of a person or persons unlawfully occupying a residential dwelling" when listed conditions are met, including that the occupants are not current or former tenants and not immediate family members, and that no related litigation is pending. The details are on our Florida squatters' rights page.

On the criminal side, section 806.13(4) makes it a second-degree felony (up to 15 years, up to $10,000) for a person who "unlawfully detains or occupies or trespasses upon a residential dwelling or a commercial real property" to intentionally damage it, causing $1,000 or more in damage. Section 817.03(2) makes it a first-degree misdemeanor to knowingly present a false lease, deed or similar document "with the intent to detain or remain upon real property," and section 817.0311 makes it a first-degree felony (up to 30 years, up to $10,000) to rent or lease property to another knowing one has no lawful ownership or leasehold interest in it, or to list or advertise property for sale knowing the purported seller has no legal title or authority to sell.

Trespass versus burglary

The difference is intent. For offenses after July 1, 2001, burglary under section 810.02(1)(b) means entering a dwelling, structure or conveyance "with the intent to commit an offense therein," unless the premises are open to the public or the person is licensed or invited, or remaining in one surreptitiously or after permission is withdrawn with that intent, or to commit a forcible felony. Trespass has no such intent element. Our general guide on how to charge someone with trespassing explains the reporting process.

Penalties at a glance

The jail and prison ranges come from section 775.082: up to 60 days for a second-degree misdemeanor, up to 1 year for a first-degree misdemeanor, up to 5 years for a third-degree felony, up to 15 years for a second-degree felony and up to 30 years for a first-degree felony. The fine caps come from section 775.083: $500, $1,000, $5,000, and $10,000 for first- and second-degree felonies. For the full class table, see Florida felony and misdemeanor classes.

Recent changes to these statutes

• Chapter 2025-30 (HB 1447), approved and effective May 16, 2025, added section 810.09(2)(k), the third-degree felony for trespass on a posted area secured by law enforcement, and the third-degree felony in section 871.05 for entering or remaining in a ticketed event venue with attendance over 5,000 without authorization. Neither offense existed in Florida law before that date.
• Chapter 2025-109, effective July 1, 2025, made school buses part of a "school" under section 810.097, so boarding or staying on a school bus without authorization is school-grounds trespass, and made a clearly posted sign or a verbal warning from the bus operator, principal, a school district employee or law enforcement sufficient notice.
• Section 812.141, which contains the critical infrastructure trespass felony, was created by chapter 2024-197 and amended by chapter 2025-6.
• Chapter 2024-11 created section 125.0231 on public camping and sleeping, a civil rule with no criminal penalty.
• Chapter 2023-24 amended section 871.01 and created section 810.098 (campus intimidation trespass).
• Chapter 2022-118 created section 810.15 (residential picketing).
• Chapter 2021-6 (HB 1) amended section 870.01, the affray, riot and inciting statute, and section 870.02.
• Chapter 2026-3 reenacted section 616.185 without change.
• Chapter 2026-17 amended section 856.022 (loitering near children by certain offenders).
• Chapter 2025-176 amended section 817.49 (false reports of crimes), and chapter 2025-126 amended section 836.12 (threats against officials).
• Chapter 2024-44 created the false-document offense in section 817.03(2) and the fraudulent rental or sale offense in section 817.0311.

Related Florida and state-by-state guides

• Disorderly conduct and trespass laws by state
• Florida noise ordinance laws
• Florida felony and misdemeanor classes
• Florida squatters' rights
• Florida self-defense laws
• Florida assault and battery laws
• How to charge someone with trespassing

This article provides general legal information about Florida's breach of the peace, disorderly conduct and criminal trespass statutes as of 2026-10-18. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Florida.

Last updated: 2026-10-18.

Frequently Asked Questions

What is disorderly conduct in Florida?

Section 877.03 punishes acts that corrupt public morals, outrage public decency or affect the peace and quiet of people who witness them, brawling or fighting, and conduct amounting to a breach of the peace or disorderly conduct. In State v. Saunders (1976), the Florida Supreme Court limited its application to speech to fighting words and knowingly false reports of a physical hazard.

Is disorderly conduct a misdemeanor in Florida?

Yes. Section 877.03 makes it a misdemeanor of the second degree, punishable by up to 60 days under section 775.082(4)(b) and a fine of up to $500 under section 775.083(1)(e).

Can you get disorderly conduct for swearing in Florida?

In State v. Saunders, the Florida Supreme Court held that, apart from fighting words and knowingly false reports of a physical hazard, section 877.03 should not be read to proscribe the use of language in any fashion whatsoever. Fighting words are words which by their very utterance inflict injury or tend to incite an immediate breach of the peace.

Is public intoxication illegal in Florida?

Florida's offense is disorderly intoxication under section 856.011, a second-degree misdemeanor. It applies to a person who is intoxicated and endangers the safety of another person or property, or who is intoxicated or drinking in a public place or on a public conveyance and causes a public disturbance.

Is a fake bomb threat or false 911 call a crime in Florida?

Yes. A false report of a planted bomb, explosive or weapon of mass destruction, or of a shooting, is a second-degree felony under sections 790.163 and 790.164. A false report through 911 is a first-degree misdemeanor under section 365.172(14), a third-degree felony if the response causes great bodily harm, permanent disfigurement or permanent disability, and a second-degree felony if it causes death.

Is trespassing a felony in Florida?

Ordinary trespass is a misdemeanor. It is a third-degree felony, up to 5 years and $5,000, when the trespasser is armed (sections 810.08(2)(c), 810.09(2)(b)), on one of the special properties in section 810.09(2)(c) to (k) under the conditions listed there (most require the statutory warning sign, and some require intent), on critical infrastructure after notice (section 812.141(4)), or carrying a weapon while trespassing on school property (section 810.095).

What does a no trespassing sign need to say in Florida?

For posted land under section 810.011(5)(a), signs must say no trespassing in letters at least 2 inches high plus the owner's, lessee's or occupant's name, and stand no more than 500 feet apart along and at each corner of the boundaries (for agricultural land, at each point of entry and each corner; for water control district land, at or near canal and road right-of-way intersections). An enclosed lot of up to 5 acres with a dwelling on it needs no posting.

Does Florida have a purple paint law?

Chapter 810's posting rules contain no purple paint provision. Its painted-notice rule uses international orange paint with the stenciled words No Trespassing, the bottom of the mark 3 to 5 feet above the ground, and the painted notices must be accompanied by compliant signs (section 810.011(5)(a)2).

What happens if a store tells you to leave in Florida?

Under section 810.08(1), a person who was authorized, licensed or invited commits trespass in a structure or conveyance if warned to depart by the owner or lessee, or a person they authorize, and refuses to do so. That is a second-degree misdemeanor in its base form. A hotel or restaurant guest who remains after the operator asks them to leave commits a second-degree misdemeanor under section 509.141(3).

Is squatting a crime in Florida?

Florida's trespass statutes reach unauthorized entering or remaining in a structure (section 810.08). Section 806.13(4) makes it a second-degree felony for a person unlawfully occupying or trespassing on a residential dwelling or commercial property to intentionally cause $1,000 or more in damage. Presenting a false lease or deed to remain on property is a first-degree misdemeanor (section 817.03(2)), and renting out property one has no lawful interest in is a first-degree felony (section 817.0311). Section 82.036 is a civil procedure for a sheriff to remove unauthorized occupants, not a crime.