Underage Drinking

Florida

The policy topics, below, address statues and regulations related to underage drinking and access to alcohol.

Internal possession is not explicitly prohibited.

Purchase is prohibited and there is NO ALLOWANCE for youth purchase for law enforcement purposes.

  • Beer: 18 for both servers and bartenders
  • Wine: 18 for both servers and bartenders
  • Spirits: 18 for both servers and bartenders
  • Beer: Not Specified
  • Wine: Not Specified
  • Spirits: 18

Provision(s) targeting minors:

  • Use of a false ID to obtain alcohol is a criminal offense
  • No driver's license suspension procedure

Provision(s) targeting retailers:

  • Licenses for drivers under age 21 are easily distinguishable from those for drivers age 21 and older
  • Specific affirmative defense - the retailer inspected the false ID and came to a reasonable conclusion based on its appearance that it was valid

Notes:
Although the verbatim text of historical regulations is only available from January 1, 2003 forward, the published historical information for Fla. Admin. Code Ann. r. 61A-3.052 indicates that this regulation has been in force, unchanged, from February 28, 1994 to date.

BAC limit: 0.02 - a BAC level above the limit is per se (conclusive) evidence of a violation.
Applies to drivers under age 21.

Type(s) of violation leading to driver's license suspension, revocation, or denial:

  • Underage purchase
  • Underage possession

Use/lose penalties apply to minors under age 18

Authority to impose driver's license sanction

  • mandatory

Length of suspension/revocation:

  • Minimum: 180 days
  • Maximum: 365 days

Social host law is specifically limited to underage drinking parties.

Action by underage guest that triggers violation: Possession Consumption

Property type(s) covered by liability law:

  • Residence
  • Outdoor
  • Other

Standard for hosts' knowledge or action regarding the party: KNOWLEDGE - host must have actual knowledge of the occurrence

Preventive action by the host negates the violation (see note).

Notes:
The "preventive action" provision in Florida requires the prosecution to prove that the host failed to take preventive action.