Key West, the last in the chain of islands south of Miami, draws millions of visitors each year for its beaches and nightlife. Unfortunately, some visitors leave with criminal records rather than souvenirs.
Knowing which charges are most common, and how Florida law treats them differently than the laws many visitors are used to at home, can help tourists avoid an arrest that follows them well past vacation. If an arrest does happen, having a local criminal defense attorney in your corner matters even more for visitors who can’t easily return to Florida for court.
Things Are Different in Key West
Laws related to public behavior are looser in Key West than in many other places. Duval Street is known for its bars and party atmosphere, but there is a line that tourists should not cross. The following are the infractions that tourists are most often charged with:
- Disorderly Intoxication. Being drunk in Key West is not, by itself, illegal. Florida law only criminalizes intoxication when it crosses into disorderly conduct. Under Florida statute 856.011, a person violates the law if they are intoxicated and endanger the safety of another person or property, or if they drink in a public place or conveyance and cause a public disturbance. The second charge is a second-degree misdemeanor, and Florida courts have found that being loud or smelling of alcohol is not, on its own, enough for a conviction; there generally has to be an actual disturbance or danger.
- Open Container Violations. Florida has no single statewide law banning public drinking; instead, it is left to local ordinances. Under Key West municipal code (§ 18-87), alcohol is prohibited in all parks, beaches, and public places. Even on Duval Street, pedestrians are not allowed to carry drinks, regardless of being in plastic or paper cups, bottles, or cans. In addition, possessing an open container of alcohol in a motor vehicle on any public road is a non-criminal traffic violation regardless of where in the state the person is.
- Disorderly Conduct. It is a second-degree misdemeanor to engage in acts that “corrupt the public morals,” disturb the peace, or involve brawling or fighting, and law enforcement applying state statute 877.03 have broad discretion over what qualifies as an illegal act.
- Simple Battery. Bar disputes and crowds in the street can quickly turn ugly. Simple battery, defined under Florida Statute 784.03 as intentional, unwanted striking of another person, can be applied to almost any physical contact. The act does not have to produce an injury, and it is a first-degree misdemeanor punishable by up to a year in jail.
- Resisting an Officer Without Violence. Florida Statute 843.02 criminalizes resisting, obstructing, or opposing an officer performing a lawful duty, even without any use of force. This first-degree misdemeanor can include walking away when told to stop, giving a false name, or pulling away during a pat down search. Anyone who argues or refuses to cooperate with an officer during a stop, even when they believe it’s unwarranted, risks an added charge on top of whatever prompted the encounter.
- Marijuana Possession. Despite the Keys’ lax attitudes toward partying, recreational marijuana possession or use is not legal in Florida. Florida Statute 893.13 dictates how marijuana possession is treated. While many other states have legalized recreational use of the substance, Florida law enforcement can charge a person with a first-degree misdemeanor for possession of 20 grams or less. If convicted, the penalty can include up to a year in jail and a $1,000 fine. Tourists should be aware that out-of-state medical marijuana cards are not valid in Florida and that decriminalized cannabis brought from home is still illegal here.
If You’re Charged
A misdemeanor arrest in Key West still means booking, an initial appearance, and likely a bond determination through the Monroe County court system. For a tourist, the real challenge is often less the charge itself than resolving it from out of state. Contact the law office of criminal defense attorney Brian Casey, to negotiate the case and limit how many times a visitor must return to Florida for court. Call for a consultation today.