Underage Drinking: Florida's Strict Alcohol Laws Explained

Underage drinking is a common occurrence, with many young people viewing it as a normal part of socialising. However, in Florida, underage drinking is illegal, and the consequences for violating this law can be severe. Florida Statute Section 562.111 states that it is a criminal offence for a person under the age of 21 to possess or consume alcoholic beverages, with penalties including jail time, fines, probation, and a permanent criminal record. The law also prohibits adults from providing alcohol to minors, with those who do so facing legal repercussions such as fines and jail time if the minor is harmed. With strict enforcement of these laws, underage individuals in Florida must be aware of the risks associated with drinking alcohol.

Underage drinking is illegal in Florida

Minors

For a first offence, underage possession of alcohol is a second-degree misdemeanour and is punishable by up to 60 days' imprisonment and a fine of up to $500. A second offence is elevated to a first-degree misdemeanour, with penalties of up to 12 months in prison and a $1,000 fine. In addition, a minor convicted of underage possession of alcohol will have their driver's license revoked or withheld for a period of six months to one year for the first violation and two years for a subsequent violation. A permanent criminal record may hinder future educational and employment opportunities.

Those providing alcohol to minors

Anyone found to have sold, supplied, or hosted a gathering providing minors with alcohol can be charged with any injury or harm that befalls a minor from illegal drinking. This is a second-degree misdemeanour, with legal repercussions of up to 60 days in jail and a fine of up to $500. If a minor is harmed, the host could also face civil charges for endangerment.

Defences

There are a number of defences available to those accused of underage drinking or possession of alcohol. These include lack of knowledge of the alcoholic nature of the beverage and inability of the prosecution to prove control over the beverage.

Minors can be charged for being near alcohol

In Florida, it is illegal for persons under the age of 21 to drink or possess an alcoholic beverage. This includes beer, wine, liquor, or mixed drinks. Under Florida Statute Section 562.111, it is a criminal offence for a person under the age of 21 to possess or consume alcoholic beverages. Possession may be ''actual' or 'constructive'. If a minor is found in possession of alcohol, they can be charged with a second-degree misdemeanor, which can result in up to 60 days in jail, six months of probation, and a $500 fine.

Actual possession means that the beverage is on the person of the accused or within ready reach and under their control. Constructive possession, on the other hand, does not require the prosecution to prove that the minor was holding the alcoholic beverage. For example, being at a party with alcohol puts a teen in the vicinity of the beverages, which means they can be charged as if they were in possession. Even holding an unopened can of beer or standing in a car where alcohol is present could lead to charges if officers suspect the minor exercised control over the alcohol.

In many cases, there may be a question of whether the accused knew that the beverage contained alcohol. This often occurs in social settings where the accused is asked to hold a drink for another person. In such cases, the accused may raise their lack of knowledge of the illicit nature of the substance as a defence.

It is important to note that the consequences of underage possession of alcohol can be serious, and even minors who act responsibly might face charges if they are found to be near open containers. If an individual is facing charges for underage possession of alcohol, it is recommended that they remain calm, seek legal advice, and follow police instructions.

Hosts can be charged for providing alcohol to minors

Underage drinking is a serious issue in Florida, and the law takes a tough stance on it. Florida Statute Section 562.111 states that it is a criminal offence for a person under the age of 21 to possess or consume alcoholic beverages. This includes beer, wine, liquor, mixed drinks, and other drinks. The law also prohibits anyone, including licensed vendors, from selling, giving, serving, or allowing the serving of alcohol to minors. This extends to both commercial establishments and private individuals.

Social hosts, including adults and older minors, can be charged under Florida Statute Section 562.11 if they provide alcohol to minors at parties or gatherings. This is known as social host liability. It is important to note that the host must have actual knowledge of the occurrence and failed to take preventive action. If these conditions are met, the host can be held liable for any injuries or damages resulting from the consumption of alcohol by minors. This can lead to civil lawsuits and significant legal ramifications, including fines, probation, community service, and even imprisonment.

The penalties for providing alcohol to minors in Florida include a maximum of 60 days in jail, six months of probation, and a $500 fine for a second-degree misdemeanour. If it is a subsequent offence, it can be charged as a first-degree misdemeanour, with penalties of up to one year in jail, twelve months of probation, and a $1,000 fine.

In addition to the legal consequences, serving alcohol to minors can also have a negative impact on the host's reputation and may result in limitations on their liberty. It is crucial for individuals to understand the law and the potential consequences of their actions to prevent underage drinking and its associated risks, such as impaired driving and alcohol poisoning.

Minors can lose their driving privileges

In the state of Florida, it is illegal for anyone under the age of 21 to possess or consume alcoholic beverages. Underage possession of alcohol is considered a first- or second-degree misdemeanour, which can carry penalties of jail time, probation, and a permanent criminal record that can impact future opportunities in education and employment.

Florida Statute Section 562.111 states that it is a criminal offence for a person under the age of 21 to possess or consume alcohol. The law defines "'possession" as either "actual" or "constructive". Actual possession means that the alcoholic beverage is on the person of the accused, within their reach, or under their control. Constructive possession means that the beverage is in a location controlled by the accused and that they had knowledge of its presence, regardless of whether they were consuming it or intoxicated.

The penalties for underage possession of alcohol in Florida can include up to 60 days of imprisonment and a fine of up to $500 for a first offence, and up to 12 months of imprisonment and a fine of up to $1,000 for a second offence. In addition to these penalties, minors convicted of underage possession of alcohol can also face the revocation or suspension of their driving privileges for a period of time.

The court may rescind the driving privileges of a convicted teen or young adult for a period of 6 months to 2 years, depending on the specifics of the case. If a person under the age of 18 is convicted, the Department of Highway Safety and Motor Vehicles will revoke or withhold their driver's license for 6 months to 1 year for the first violation and 2 years for subsequent violations. This is in addition to any other penalties they may face, such as fines or community service.

It is important to note that there are some exceptions to Florida's underage possession of alcohol laws. For example, individuals over the age of 18 who are employed in the sale, preparation, or service of alcoholic beverages in licensed premises are exempt. Additionally, students over the age of 18 may taste alcoholic beverages as part of their required curriculum at accredited post-secondary educational institutions.

Minors can face jail time, fines, and a criminal record

In the state of Florida, it is illegal for anyone under the age of 21 to possess or consume alcoholic beverages. Underage possession of alcohol is considered a first- or second-degree misdemeanor, which can result in jail time, probation, and a permanent criminal record.

According to Florida Statute 562.111, a minor in possession of alcohol can be charged with a second-degree misdemeanor, resulting in up to 60 days in jail and a fine of up to $500. If it is a second or subsequent offense, it can be charged as a first-degree misdemeanor, with penalties of up to one year in jail and a fine of up to $1,000. In addition to these penalties, minors convicted of underage possession of alcohol will have their driver's licenses revoked or withheld for a period of six months to one year for the first violation and two years for subsequent violations.

The term possession in Florida law can refer to either “actual” or “constructive” possession. Actual possession means that the alcoholic beverage is on the person or within their immediate reach and control. Constructive possession means that the beverage is in a location over which the accused had control and knowledge of its presence. It is important to note that the court does not need to prove that the minor was consuming the beverage or intoxicated for a conviction.

The consequences of underage drinking in Florida can be severe, and it is important for minors to understand the risks associated with violating these laws. In addition to legal repercussions, a criminal record can impact future opportunities in education and employment. As such, it is in the best interest of minors to consult with a criminal defense lawyer to understand their rights and potential defenses if charged with underage possession of alcohol.

While there are exceptions to the underage drinking law in Florida, such as religious ceremonies and accredited educational requirements, the state strictly enforces these regulations. Parents should also be aware that permitting their minor child to consume alcohol can result in hefty fines or potential jail time if caught violating this law.

Frequently asked questions