Florida Disturbing the Peace Laws
Created by FindLaw's team of legal writers and editors | Last reviewed January 17, 2018
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Practicing the saxophone, or using power tools to do home improvements, or protesting for a cause all appear to be innocent activities that would not necessarily give rise to criminal charges. However, these activities may constitute a violation of Florida's disturbing the peace laws if the action is considered more than mere annoyance and actually disrupts the peace and quiet of the community.
All states have laws that attempt to protect the peace. The violations of these laws may be called different names such as disorderly conduct or disturbing the peace, but the intent of these laws is the same: to protect the society against chaos and disorder and to maintain the status quo. Florida's disturbing the peace laws are defined in the breach of peace statute. The offense may be charged as part of the broad "catch-all" category of breach of the peace which encompasses various types of public disturbances (brawling or fighting, using offensive language in public, playing loud music), or it may be charged separately.
It's up to the arresting officer to determine whether or not the behavior constitutes a threat. If the officer decides that it does, then you can be charged with violating Florida's disturbing the peace laws.
Florida Disturbing the Peace Laws at a Glance
The chart below provides a summary of laws related to Florida's disturbing the peace laws, including links to important code sections.
Statute and Elements of the Crime |
Breach of the peace: Fl. Statute Title XLVI 877.03
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Penalties and Sentencing |
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Possible Defenses |
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Related Offenses |
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Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Florida Disturbing the Peace Laws: Related Resources
- Public Safety Violations
- Public Intoxication
- Florida Criminal Statute of Limitations Laws
- Florida Criminal Laws
Charged With Disturbing the Peace in Florida? An Attorney Can Help
Although the charges are relatively minor, you still want to seriously address any accusations that you've violated Florida's disturbing the peace laws. Don't risk your reputation or your record without first speaking to a trusted criminal defense attorney who can explain your options. Find one in your area today with Findlaw's attorney directory.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex criminal defense situations usually require a lawyer
- Defense attorneys can help protect your rights
- A lawyer can seek to reduce or eliminate criminal penalties
Get tailored advice and ask your legal questions. Many Florida attorneys offer free consultations.
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