What is disorderly conduct in Florida?
Disorderly conduct — also called breach of the peace — is a second-degree misdemeanor. The statutory language is broad, which is both why it's charged so often and why it's frequently defensible.
Because the statute is broad, courts have narrowed it considerably. Speech alone is generally protected unless it falls into a narrow category — words that by their utterance inflict injury or tend to incite an immediate breach of the peace, or that incite others to imminent lawless action.
That means loud arguing, profanity toward officers, expressing anger, and refusing to disperse are not automatically this offense, and charges based on speech alone are challengeable on constitutional grounds.
What tends to support the charge: physical conduct affecting others, fighting, or conduct genuinely disrupting a lawful assembly.
It's also frequently a companion charge — added to a resisting or battery arrest — which means it sometimes falls away when the primary charge is addressed.
If this rests on what you said, that's a real argument. ---
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