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Florida Statute 562.111 | Lawyer Caselaw & Research
F.S. 562.111 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 562.111

The 2023 Florida Statutes (including Special Session C)

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO
Chapter 562
BEVERAGE LAW: ENFORCEMENT
View Entire Chapter
F.S. 562.111
1562.111 Possession of alcoholic beverages by persons under age 21 prohibited.
(1) It is unlawful for any person under the age of 21 years, except a person employed under the provisions of s. 562.13 acting in the scope of her or his employment, to have in her or his possession alcoholic beverages, except that nothing contained in this subsection shall preclude the employment of any person 18 years of age or older in the sale, preparation, or service of alcoholic beverages in licensed premises in any establishment licensed by the Division of Alcoholic Beverages and Tobacco or the Division of Hotels and Restaurants. Notwithstanding the provisions of s. 562.45, any person under the age of 21 who is convicted of a violation of this subsection is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; however, any person under the age of 21 who has been convicted of a violation of this subsection and who is thereafter convicted of a further violation of this subsection is, upon conviction of the further offense, guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) The prohibition in this section against the possession of alcoholic beverages does not apply to the tasting of alcoholic beverages by a student who is at least 18 years of age, who is tasting the alcoholic beverages as part of the student’s required curriculum at a postsecondary educational institution that is institutionally accredited by an agency recognized by the United States Department of Education and that is licensed or exempt from licensure pursuant to the provisions of chapter 1005 or is a public postsecondary education institution; if the student is enrolled in the college and is tasting the alcoholic beverages only for instructional purposes during classes that are part of such a curriculum; if the student is allowed only to taste, but not consume or imbibe, the alcoholic beverages; and if the alcoholic beverages at all times remain in the possession and control of authorized instructional personnel of the college who are 21 years of age or older.
History.s. 2, ch. 57-327; s. 2, ch. 72-230; s. 50, ch. 77-121; s. 3, ch. 80-74; s. 3, ch. 85-285; s. 4, ch. 90-265; s. 859, ch. 97-103; s. 2, ch. 2002-7; s. 68, ch. 2003-1; s. 24, ch. 2019-167.
1Note.Section 6, ch. 85-285, in pertinent part provides that “[i]n the event that a federal court of last resort determines that it is unconstitutional for the Federal Government to withhold transportation funds from the state because the legal age of the sale, consumption, or possession of alcoholic beverages is under 21 years of age or if federal legislation is enacted to allow the drinking age to be lowered or modified from 21 years of age, it is the intent of the Legislature that the amendments to [this section] contained in this act shall be null and void and that [this section reverts] to the language existing . . . on June 30, 1985.”

F.S. 562.111 on Google Scholar

F.S. 562.111 on Casetext

Amendments to 562.111


Arrestable Offenses / Crimes under Fla. Stat. 562.111
Level: Degree
Misdemeanor/Felony: First/Second/Third

S562.111 - LIQUOR-POSSESS - BY PERSON UNDER 21 YOA SUBSQ OFF - M: F
S562.111 - LIQUOR-POSSESS - BY PERSON UNDER 21 YOA 1ST OFF - M: S


Civil Citations / Citable Offenses under S562.111
R or S next to points is Mandatory Revocation or Suspension

S562.111 (1) POSSESSION of ALCOHOLIC beverage by a MINOR (except exempt under F.S. 562.13) [See 322.056 & 562.111(2)] - Points on Drivers License: 0 R/S
S562.111 (1) POSSESSION of ALCOHOLIC beverage by a MINOR (except exempt under F.S. 562.13) [See 322.056 & 562.111(2)] Note 22 - Points on Drivers License: 0


Annotations, Discussions, Cases:

Cases from cite.case.law:

P. D. T. a v. STATE, 996 So. 2d 919 (Fla. Dist. Ct. App. 2008)

. . . testified that he entered the house with the intent to drink beer, a crime for a minor, see section 562.111 . . .

STATE v. R. A. a, 928 So. 2d 1258 (Fla. Dist. Ct. App. 2006)

. . . person under 18 years of age is found guilty of or delinquent for a violation of section 562.11(2), 562.111 . . .

STATE v. J. P. v. T. M., 907 So. 2d 1101 (Fla. 2004)

. . . prohibiting minors under 15 from driving, and 15-year-olds from driving unaccompanied by an adult); § 562.111 . . .

D. P. B. a v. STATE, 877 So. 2d 770 (Fla. Dist. Ct. App. 2004)

. . . We reasoned that'since § 562.111, Fla. . . .

S. C. S. a v. STATE, 831 So. 2d 264 (Fla. Dist. Ct. App. 2002)

. . . insufficient evidence to establish a prima facie case for possession of alcohol by a minor under section 562.111 . . .

BAINBRIDGE, E. v. E. TURNER,, 311 F.3d 1104 (11th Cir. 2002)

. . . . §§ 562.11, 562.111, and threats of license revocation could be used to control the sale of alcohol . . .

BAINBRIDGE, s v. BUSH, s, 148 F. Supp. 2d 1306 (M.D. Fla. 2001)

. . . . §§ 562.11, 562.111. . . .

M. D. L. v. STATE, 786 So. 2d 1240 (Fla. Dist. Ct. App. 2001)

. . . See §§ 772.082, 562.111, Fla.Stat. (2000); T.J. v. State, 743 So.2d 1158 (Fla. 2d DCA 1999); AC. v. . . .

STATE v. C. C. S. a, 779 So. 2d 465 (Fla. Dist. Ct. App. 2000)

. . . act of possession of an alcoholic beverage while under the age of twenty-one, a violation of section 562.111 . . .

STATE v. R. P. E. a, 779 So. 2d 426 (Fla. Dist. Ct. App. 2000)

. . . R.P.E.’s case and failed to order the suspension of R.P.E.’s driver’s license pursuant to sections 562.111 . . . possession of an alcoholic beverage by a person under twenty-one years of age, in violation of section 562.111 . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. FARR,, 757 So. 2d 550 (Fla. Dist. Ct. App. 2000)

. . . . § 562.111, Fla. Stat. (1997). . § 316.1936, Fla. Stat. (1997). . § 322.2615(13), Fla. . . .

STATE v. J. V. W. a, 739 So. 2d 173 (Fla. Dist. Ct. App. 1999)

. . . A petition charged J.V.W. with violating section 562.111, Florida Statutes (1997), which prohibits possession . . .

STATE v. M. L. R. a, 722 So. 2d 259 (Fla. Dist. Ct. App. 1998)

. . . a person under 18 years of age is found guilty of or delinquent for a violation of s. 562.11(2), s. 562.111 . . .

STATE v. K. S. a, 694 So. 2d 104 (Fla. Dist. Ct. App. 1997)

. . . . § 562.111, Fla. Stat. (1995). . . . That statute provides: 562.111 Possession of alcoholic beverages by persons under age 21 prohibí ted. . . . See § 562.111, Fla. Stat. (1995). I disagree. . . . Ignorant of KS.’s age, the officer did not have probable cause to arrest K.S. for a violation of section 562.111 . . .

W. J. a v. STATE, 688 So. 2d 954 (Fla. Dist. Ct. App. 1997)

. . . Section 562.111, Florida Statutes (1995), prohibits any person under the age of 21 from having alcoholic . . .

STATE v. MANFREDONIA D., 649 So. 2d 1388 (Fla. 1995)

. . . . § 562.111, Fla. Stat. (1993). . . .

R. KUBANY, A. KUBANY, a a v. SCHOOL BOARD OF PINELLAS COUNTY, S. M. J. J. Ed, 818 F. Supp. 1504 (M.D. Fla. 1993)

. . . argument is disingenuous since alcohol possession and use by a minor is a criminal offense under Sec. 562.111 . . .

STATE v. R. N. a, 597 So. 2d 862 (Fla. Dist. Ct. App. 1992)

. . . delinquent act of possessing alcoholic beverages while under the age of twenty-one in violation of section 562.111 . . . The trial court refused the state’s request to invoke the provisions of section 562.111 which states: . . . a person under 18 years of age is found guilty of or delinquent for a violation of's. 562.11(2), s. 562.111 . . . directing revocation of driving privileges for a juvenile who is found delinquent for violation of section 562.111 . . .

THOMAS, v. STATE, 581 So. 2d 993 (Fla. Dist. Ct. App. 1991)

. . . Section 562.111, Fla.Stat. (1987). . . .

BOICE, v. STATE, 560 So. 2d 1383 (Fla. Dist. Ct. App. 1990)

. . . . § 562.111, Fla.Stat. (1987). . . . .

STATE v. FREUND,, 561 So. 2d 305 (Fla. Dist. Ct. App. 1990)

. . . and possession of alcoholic beverages by a person under the age of twenty-one in violation of section 562.111 . . . At trial, the county court dismissed the alcohol possession charge on a finding that section 562.111 . . . twenty-one, was charged with the illegal possession of alcoholic beverages in violation of section 562.111 . . . granting the defendant’s ore tenus motion to dismiss the court held, by a written order, that section 562.111 . . .

BANKSTON, v. J. BRENNAN, Jr., 507 So. 2d 1385 (Fla. 1987)

. . . Section 562.111, Florida Statutes (1983), provides: It is unlawful for any person under the age of 19 . . .

D. C. E. a v. STATE, 381 So. 2d 1097 (Fla. Dist. Ct. App. 1979)

. . . contrary to a Pensacola municipal ordinance, and possessed alcoholic beverages contrary to Section 562.111 . . .