Florida Statute 562.11 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO

Chapter 562
BEVERAGE LAW: ENFORCEMENT

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F.S. 562.11

¹562.11 Selling, giving, or serving alcoholic beverages to person under age 21; providing a proper name; misrepresenting or misstating age or age of another to induce licensee to serve alcoholic beverages to person under 21; penalties.—

(1)(a) A person may not sell, give, serve, or permit to be served alcoholic beverages to a person under 21 years of age or permit a person under 21 years of age to consume such beverages on the licensed premises. A person who violates this paragraph commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. A person who violates this paragraph a second or subsequent time within 1 year after a prior conviction commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(b) A licensee, or his or her or its agents, officers, servants, or employees, may not provide alcoholic beverages to a person younger than 21 years of age who is employed by the licensee except as authorized pursuant to s. 562.111 or s. 562.13, and may not permit a person younger than 21 years of age who is employed by the licensee to consume alcoholic beverages on the licensed premises or elsewhere while in the scope of employment. A licensee, or his or her or its agents, officers, servants, or employees, who violates this paragraph commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. This paragraph may be cited as “the Christopher Fugate Act.”

(c) A licensee who violates paragraph (a) shall have a complete defense to any civil action therefor, except for any administrative action by the division under the Beverage Law, if, at the time the alcoholic beverage was sold, given, served, or permitted to be served, the person falsely evidenced that he or she was of legal age to purchase or consume the alcoholic beverage and the appearance of the person was such that an ordinarily prudent person would believe him or her to be of legal age to purchase or consume the alcoholic beverage and if the licensee carefully checked one of the following forms of identification with respect to the person: a driver license, an identification card issued under the provisions of s. 322.051 or, if the person is physically handicapped as defined in ²s. 553.45(1), a comparable identification card issued by another state which indicates the person’s age, a passport, or a United States Uniformed Services identification card, and acted in good faith and in reliance upon the representation and appearance of the person in the belief that he or she was of legal age to purchase or consume the alcoholic beverage. Nothing herein shall negate any cause of action which arose prior to June 2, 1978.

(d) Any person charged with a violation of paragraph (a) has a complete defense if, at the time the alcoholic beverage was sold, given, served, or permitted to be served:

1. The buyer or recipient falsely evidenced that he or she was 21 years of age or older;

2. The appearance of the buyer or recipient was such that a prudent person would believe the buyer or recipient to be 21 years of age or older; and

3. Such person carefully checked a driver license or an identification card issued by this state or another state of the United States, a passport, or a United States Uniformed Services identification card presented by the buyer or recipient and acted in good faith and in reliance upon the representation and appearance of the buyer or recipient in the belief that the buyer or recipient was 21 years of age or older.

(2) It is unlawful for any person to misrepresent or misstate his or her age or the age of any other person for the purpose of inducing any licensee or his or her agents or employees to sell, give, serve, or deliver any alcoholic beverages to a person under 21 years of age, or for any person under 21 years of age to purchase or attempt to purchase alcoholic beverages.

(a) Anyone convicted of violating the provisions of this subsection is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(b) Any person under the age of 17 years who violates such provisions shall be within the jurisdiction of the judge of the circuit court and shall be dealt with as a juvenile delinquent according to law.

(c) In addition to any other penalty imposed for a violation of this subsection, if a person uses a driver license or identification card issued by the Department of Highway Safety and Motor Vehicles in violation of this subsection, the court may order the person to participate in public service or a community work project for a period not to exceed 40 hours.

(3) Any person under the age of 21 years testifying in any criminal prosecution or in any hearing before the division involving the violation by any other person of the provisions of this section may, at the discretion of the prosecuting officer, be given full and complete immunity from prosecution for any violation of law revealed in such testimony that may be or may tend to be self-incriminating, and any such person under 21 years of age so testifying, whether under subpoena or otherwise, shall be compelled to give any such testimony in such prosecution or hearing for which immunity from prosecution therefor is given.

(4) This section does not apply to a person who gives, serves, or permits to be served an alcoholic beverage to a student who is at least 18 years of age, if the alcoholic beverage is delivered 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 is licensed or exempt from licensure pursuant to the provisions of chapter 1005 or that is a public postsecondary education institution; if the student is enrolled in the college and is required to taste alcoholic beverages that are provided only for instructional purposes during classes conducted under the supervision of authorized instructional personnel pursuant to such a curriculum; if the alcoholic beverages are never offered for consumption or imbibed by such a student and at all times remain in the possession and control of such instructional personnel, who must be 21 years of age or older; and if each participating student executes a waiver and consent in favor of the state and indemnifies the state and holds it harmless.

History.—s. 11, ch. 16774, 1935; CGL 1936 Supp. 4151(237); s. 1, ch. 20830, 1941; s. 15, ch. 23746, 1947; s. 20, ch. 25359, 1949; s. 1, ch. 57-327; s. 1, ch. 67-355; ss. 16, 35, ch. 69-106; s. 563, ch. 71-136; s. 2, ch. 72-230; s. 26, ch. 73-334; s. 49, ch. 77-121; s. 1, ch. 78-134; s. 19, ch. 79-11; s. 2, ch. 80-74; s. 413, ch. 81-259; s. 12, ch. 84-359; s. 2, ch. 85-285; s. 3, ch. 90-265; s. 22, ch. 91-60; s. 5, ch. 92-176; s. 858, ch. 97-103; s. 1, ch. 99-156; s. 1, ch. 2002-7; s. 67, ch. 2003-1; s. 4, ch. 2003-20; s. 1, ch. 2006-203; s. 1, ch. 2010-47; s. 41, ch. 2014-216; s. 23, 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.”

²Note.—Repealed by s. 4, ch. 93-183.

F.S. 562.11 on Google Scholar

F.S. 562.11 on Casetext

Amendments to 562.11

Arrestable Offenses / Crimes under Fla. Stat. 562.11

Level: Degree
Misdemeanor/Felony: First/Second/Third

S562.11 1 - LIQUOR - RENUMBERED. SEE REC #7046 - F: T

S562.11 1 - LIQUOR - RENUMBERED. SEE REC #7047 - M: S

S562.11 1a - LIQUOR - RENUMBERED. SEE REC # 8517 - M: F

S562.11 1a - LIQUOR - RENUMBERED. SEE REC # 8516 - M: S

S562.11 1a - LIQUOR - DELETE INFRACTION - I: N

S562.11 1a - LIQUOR - SELL GIVE SERVE UNDER 21 YOA - M: S

S562.11 1a - LIQUOR - SELL GIVE SERVE UNDER 21 SUBSQ OFF WI 1 YEAR - M: F

S562.11 1a1 - LIQUOR - RENUMBERED. SEE REC # 8770 - M: S

S562.11 1a1 - LIQUOR - RENUMBERED. SEE REC # 8771 - M: F

S562.11 1b - LIQUOR - LICENSEE GIVE EMPLOYEE UNDER 21 1ST OFFENSE - M: F

S562.11 1b - LIQUOR - DELETE INFRACTION - I: N

S562.11 2 - MISREPRESENT AGE-MINOR - TO OBTAIN ALCOHOL - M: S

S562.11 2 - MISREPRESENT AGE-MINOR - REMOVED - I: N

Civil Citations / Citable Offenses under S562.11

R or S next to points is Mandatory Revocation or Suspension

S562.11 (1)(a) SELL, GIVE, PERMIT TO SERVE ALCOHOLIC BEVERAGES to a person under 21 years of age. [See 562.11(1)(a) 2 and 322.057(1) Note 21 - Points on Drivers License: 0 R/S

S562.11 (2) To MISREPRESENT/MISTAKE one's AGE/AGE of another in order to obtain alcoholic beverages [See 322.056 & 562.11(2)(c)] - Points on Drivers License: 0 R/S

S562.11 (2) To MISREPRESENT/MISTAKE one's AGE/AGE of another in order to obtain alcoholic beverages [See 322.056 & 562.11(2)(c)] Note 22 Do not send Court Orders unless Court directed Revocation/Suspension - Points on Drivers License: 0

Annotations, Discussions, Cases:

Cases Citing Statute 562.11

Total Results: 20

Guardianship of Jacquelyn Anne Faircloth v. Main Street Entertainment, Inc., etc.

Court: Supreme Court of Florida | Date Filed: 2024-03-07

Snippet: bars in Davis and Prevatt had violated section 562.11, Florida Statutes, which makes it a misdemeanor

Case v. Newman

Court: District Court of Appeal of Florida | Date Filed: 2014-12-17

Citation: 154 So. 3d 1151, 2014 Fla. App. LEXIS 20438, 2014 WL 7202971

Snippet: should be punished as a crime. See §§ 562.11 (1 )(a) 1. & 562.11(l)(b), Fla. Stat. (2014).

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES— REPORT NO. 2013-03

Court: Supreme Court of Florida | Date Filed: 2014-08-28

Citation: 146 So. 3d 1110, 39 Fla. L. Weekly Supp. 531, 2014 Fla. LEXIS 2582, 2014 WL 4251210

Snippet: THAN 21 YEARS OF AGE ON LICENSED PREMISES § 562.11(l)(a)l, Fla. Stat. To prove the crime of (crime

B.B. v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-07-10

Citation: 117 So. 3d 442, 2013 WL 3449546, 2013 Fla. App. LEXIS 10945

Snippet: alcohol by a person under twenty-one years of age, § 562.11(1), Fla. Stat. At her adjudicatory hearing, B.B

Norris v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-10-02

Citation: 98 So. 3d 230, 2012 WL 4497731, 2012 Fla. App. LEXIS 16506

Snippet: on the elements of an unrelated statute, section 562.11(l)(a)l., and not section 827.04, which defines

Santarelli v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-06-10

Citation: 62 So. 3d 1211, 2011 Fla. App. LEXIS 8818, 2011 WL 2268959

Snippet: 499 (Fla. 4th DCA 1978) (holding that section 562.11 of the Florida Statutes (1973)[5] does not create

In Re Doe

Court: District Court of Appeal of Florida | Date Filed: 2008-01-23

Citation: 973 So. 2d 548, 2008 WL 53616

Snippet: serving as president of the United States. See § 562.11, Fla. Stat. (2006) (making it unlawful to sell

Luque v. Ale House Management, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2007-08-24

Citation: 962 So. 2d 1062, 2007 WL 2403171

Snippet: prohibiting the sale of alcohol to minors (see section 562.11) could give rise to civil liability" through a

Copeland v. Albertson's Inc.

Court: District Court of Appeal of Florida | Date Filed: 2007-01-26

Citation: 947 So. 2d 664, 2007 WL 188659

Snippet: instruction on the statutory defense in section 562.11(1)(b), it must have raised the defense in a responsive

State v. R.A.

Court: District Court of Appeal of Florida | Date Filed: 2006-05-24

Citation: 928 So. 2d 1258, 2006 Fla. App. LEXIS 8104, 2006 WL 1409101

Snippet: guilty of or delinquent for a violation of section 562.11(2), 562.111, or chapter 893, and (a) The person

State v. Miketa

Court: District Court of Appeal of Florida | Date Filed: 2002-08-21

Citation: 824 So. 2d 970, 2002 WL 1906131

Snippet: .. of the validity of said prescription." F.S. 562.11(1)(b) listing forms of identification to be checked

Ago

Court: Florida Attorney General Reports | Date Filed: 2001-06-28

Snippet: the issuance or sale of such licenses.4 Section 562.11(1)(a), Florida Statutes, makes it "unlawful for

Soukup v. State

Court: District Court of Appeal of Florida | Date Filed: 2000-06-23

Citation: 760 So. 2d 1072, 2000 WL 799367

Snippet: (1995). [3] § 800.04(1), Fla. Stat. (1995). [4] § 562.11(1)(a), Fla. Stat. (1995). Soukup does not challenge

Brennan v. State

Court: Supreme Court of Florida | Date Filed: 1999-07-08

Citation: 754 So. 2d 1, 1999 WL 506966

Snippet: or purchase or possess alcoholic beverages, § 562.11, Fla. Stat. (1987). Nor may he or she attend jai

Sipes v. Albertson's Inc.

Court: District Court of Appeal of Florida | Date Filed: 1999-04-09

Citation: 728 So. 2d 1243, 1999 Fla. App. LEXIS 4580, 1999 WL 193115

Snippet: 1978), the first district observed: *1246Section 562.11, Florida Statutes, which makes it a crime to sell

State v. M.L.R.

Court: District Court of Appeal of Florida | Date Filed: 1998-12-16

Citation: 722 So. 2d 259, 1998 Fla. App. LEXIS 15688

Snippet: found guilty of or delinquent for a violation of s. 562.11(2), s. 562.111, or chapter 893, and: (a) The person

State v. MLR

Court: District Court of Appeal of Florida | Date Filed: 1998-12-16

Citation: 722 So. 2d 259, 1998 WL 873066

Snippet: found guilty of or delinquent for a violation of s. 562.11(2), s. 562.111, or chapter 893, and: (a) The person

Sipes v. Albertson's Inc.

Court: District Court of Appeal of Florida | Date Filed: 1998-12-04

Citation: 721 So. 2d 438, 1998 Fla. App. LEXIS 15255, 1998 WL 833536

Snippet: action, the first district wisely observed: Section 562.11, Florida Statutes, which makes it a crime to sell

Tobias v. Osorio

Court: District Court of Appeal of Florida | Date Filed: 1996-10-23

Citation: 681 So. 2d 905, 1996 WL 604177

Snippet: was entitled to a complete defense under section 562.11(b), Florida Statutes (1995), and thus declined

Publix Supermarkets, Inc. v. Austin

Court: District Court of Appeal of Florida | Date Filed: 1995-06-30

Citation: 658 So. 2d 1064, 1995 WL 385375

Snippet: date of the collision in violation of sections 562.11 and 768.125, Florida Statutes,[1] resulting in