Florida Statute 562.111 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO

Chapter 562
BEVERAGE LAW: ENFORCEMENT

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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.”

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F.S. 562.111 on CourtListener

Amendments to 562.111

Annotations, Discussions, Cases:

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

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

Cases Citing Statute 562.111

Total Results: 26

State v. JP

907 So. 2d 1101, 2004 WL 3404162

Supreme Court of Florida | Filed: Nov 18, 2004 | Docket: 459350

Cited 34 times | Published

15-year-olds from driving unaccompanied by an adult); § 562.111(1), Fla. Stat. (2003) (prohibiting persons under

Bankston v. Brennan

507 So. 2d 1385, 55 U.S.L.W. 2679

Supreme Court of Florida | Filed: May 21, 1987 | Docket: 459954

Cited 34 times | Published

within the confines of the home. I disagree. Section 562.111, Florida Statutes (1983), provides: It is unlawful

Boice v. State

560 So. 2d 1383, 1990 WL 60896

District Court of Appeal of Florida | Filed: May 11, 1990 | Docket: 1477783

Cited 24 times | Published

enforcement is tampering with evidence). [2] § 562.111, Fla. Stat. (1987). [3] The defendant received

State v. Manfredonia

649 So. 2d 1388, 1995 WL 48440

Supreme Court of Florida | Filed: Feb 9, 1995 | Docket: 1320687

Cited 9 times | Published

prohibits the possession of alcohol by a minor. § 562.111, Fla. Stat. (1993). Under section 856.015, an

WJ v. State

688 So. 2d 954, 1997 WL 66216

District Court of Appeal of Florida | Filed: Feb 19, 1997 | Docket: 443827

Cited 8 times | Published

alcoholic beverages or controlled substances. Section 562.111, Florida Statutes (1995), prohibits any person

State v. J.P.

907 So. 2d 1101, 2004 Fla. LEXIS 2529

Supreme Court of Florida | Filed: Nov 18, 2004 | Docket: 64839724

Cited 7 times | Published

15-year-olds from driving unaccompanied by an adult); § 562.111(1), Fla. Stat. (2003) (prohibiting persons under

Thomas v. State

581 So. 2d 993, 16 Fla. L. Weekly Fed. D 1714

District Court of Appeal of Florida | Filed: Jun 28, 1991 | Docket: 1283785

Cited 7 times | Published

such proceeding or investigation; ... [2] Section 562.111, Fla. Stat. (1987).

DCE v. State

381 So. 2d 1097

District Court of Appeal of Florida | Filed: Oct 26, 1979 | Docket: 364116

Cited 7 times | Published

possessed alcoholic beverages contrary to Section 562.111, Florida Statutes (1977). Appellant contends

State v. RN

597 So. 2d 862, 1992 WL 63946

District Court of Appeal of Florida | Filed: Apr 3, 1992 | Docket: 1704575

Cited 4 times | Published

under the age of twenty-one in violation of section 562.111, Florida Statutes (1991). R.N. pled nolo contendere

PDT v. State

996 So. 2d 919, 2008 WL 5070330

District Court of Appeal of Florida | Filed: Dec 3, 2008 | Docket: 1692291

Cited 3 times | Published

intent to drink beer, a crime for a minor, see section 562.111(1), Florida Statutes (2007). Such testimony

State v. JVW

739 So. 2d 173, 1999 WL 674324

District Court of Appeal of Florida | Filed: Sep 1, 1999 | Docket: 2582772

Cited 3 times | Published

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

State v. Freund

561 So. 2d 305, 1990 WL 11794

District Court of Appeal of Florida | Filed: May 14, 1990 | Docket: 1740201

Cited 3 times | Published

under the age of twenty-one in violation of section 562.111, Florida Statutes (1987). At trial, the county

DPB v. State

877 So. 2d 770, 2004 WL 1393381

District Court of Appeal of Florida | Filed: Jun 23, 2004 | Docket: 1285384

Cited 1 times | Published

possess alcoholic beverages. We reasoned that since § 562.111, Fla. Stat. (1995), prohibits any person under

State v. CCS

779 So. 2d 465

District Court of Appeal of Florida | Filed: Oct 25, 2000 | Docket: 1176287

Cited 1 times | Published

under the age of twenty-one, a violation of section 562.111, Florida Statutes (1997), and an enumerated

P.D.T. v. State

996 So. 2d 919, 2008 Fla. App. LEXIS 18062

District Court of Appeal of Florida | Filed: Dec 3, 2008 | Docket: 64856996

Published

intent to drink beer, a crime for a minor, see section 562.111(1), Florida Statutes (2007). Such testimony

D.P.B. v. State

877 So. 2d 770, 2004 Fla. App. LEXIS 8741

District Court of Appeal of Florida | Filed: Jun 23, 2004 | Docket: 64831834

Published

possess alcoholic beverages. We reasoned that'since § 562.111, Fla. Stat. (1995), prohibits any person under

S.C.S. v. State

831 So. 2d 264, 2002 Fla. App. LEXIS 17782

District Court of Appeal of Florida | Filed: Dec 4, 2002 | Docket: 64819131

Published

for possession of alcohol by a minor under section 562.111, Florida Statutes. See State v. Williams, 742

SCS v. State

831 So. 2d 264, 2002 WL 31696816

District Court of Appeal of Florida | Filed: Dec 4, 2002 | Docket: 1435979

Published

for possession of alcohol by a minor under section 562.111, Florida Statutes. See State v. Williams, 742

State v. C.C.S.

779 So. 2d 465

District Court of Appeal of Florida | Filed: Oct 25, 2000 | Docket: 64804174

Published

under the age of twenty-one, a violation of section 562.111, Florida Statutes (1997), and an enumerated

State v. R.P.E.

779 So. 2d 426, 2000 Fla. App. LEXIS 13188, 2000 WL 1504952

District Court of Appeal of Florida | Filed: Oct 11, 2000 | Docket: 64804163

Published

under twenty-one years of age, in violation of section 562.111, Florida Statutes (1997). At the time of disposition

Department of Highway Safety & Motor Vehicles v. Farr

757 So. 2d 550, 2000 Fla. App. LEXIS 4660, 2000 WL 423410

District Court of Appeal of Florida | Filed: Apr 20, 2000 | Docket: 64797150

Published

subsection (3).' . § 316.089, Fla. Stat. (1997). . § 562.111, Fla. Stat. (1997). . § 316.1936, Fla. Stat

State v. J.V.W.

739 So. 2d 173, 1999 Fla. App. LEXIS 11644

District Court of Appeal of Florida | Filed: Sep 1, 1999 | Docket: 64790170

Published

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

State v. K.S.

694 So. 2d 104, 1997 Fla. App. LEXIS 5619, 1997 WL 270615

District Court of Appeal of Florida | Filed: May 23, 1997 | Docket: 64773868

Published

under age 21 and in possession of the beer. See § 562.111, Fla. Stat. (1995). I disagree. The officer testified

W.J. v. State

688 So. 2d 954, 1997 Fla. App. LEXIS 1218

District Court of Appeal of Florida | Filed: Feb 19, 1997 | Docket: 64771491

Published

alcoholic beverages or controlled substances. Section 562.111, Florida Statutes (1995), prohibits any person

State v. R.N.

597 So. 2d 862, 1992 Fla. App. LEXIS 3873

District Court of Appeal of Florida | Filed: Apr 3, 1992 | Docket: 64666845

Published

under the age of twenty-one in violation of section 562.111, Florida Statutes (1991). R.N. pled nolo contendere

D. C. E. v. State

381 So. 2d 1097, 1979 Fla. App. LEXIS 16357

District Court of Appeal of Florida | Filed: Oct 26, 1979 | Docket: 64575224

Published

possessed alcoholic beverages contrary to Section 562.111, Florida Statutes (1977); Appellant contends