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Underage Possession of Alcohol in Florida

Posted By Ryan Albaugh || 28-Apr-2020

In all 50 states, it’s illegal for anyone below the age of 21 to possess or purchase alcohol. The only time someone who is under the age of 21 can possess alcohol is when they’re employed in an establishment, such as a restaurant that serves alcohol, and they have to handle or otherwise come into contact with alcohol as a part of their employment.

Under Section 562.11 of the Florida Statutes, it’s illegal for a person under the age of 21 to possess an alcoholic beverage. Underage possession of alcohol by someone under the age of 21 is a misdemeanor of the second degree, punishable by up to 60 days in jail and by a fine not to exceed $500.

Facts About Alcohol in Florida

So, you know it’s illegal for anyone who is under the age of 21 to “possess” alcohol, but that’s only the tip of the iceberg. Here’s what you need to know about Florida’s alcohol laws in regard to young people:

  • The age to consume alcohol is 21 in Florida.
  • Parents CANNOT legally serve their children alcohol, even in their own homes or in hotels.
  • Employees who are under the age of 18 cannot sell or serve alcohol.
  • Employees age 18 and older can lawfully sell and serve alcohol.
  • It’s illegal to use a fake ID in Florida to purchase alcohol. If a restaurant, bar, or nightclub sees a fake ID, they’re supposed to refuse to sell the alcohol and contact law enforcement.
  • It’s against the law to sell or serve alcohol to a minor. The offense is a second-degree misdemeanor, punishable by a fine and up to 60 days behind bars.

Is your son or daughter facing criminal charges for possessing alcohol or are you facing charges for giving alcohol to your underage child or one of their friends? In any case, we urge you to contact Albaugh Law Firm to schedule your initial consultation.

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Categories: Alcohol Offenses