What Is the Legal Drinking Age in Florida: ID Rules & Penalties
One of the first things you may be curious about when you move to or visit Florida is how old do you have to be to drink in Florida. The answer is 21 years old, like in all other states, and Florida follows the national drinking minimum age.
While one number may be an easy answer, there are many nuanced rules and, for some, a run in with the law may be avoided with some explanation. I will explain all of the public drinking rules in Florida as clearly as I can.
The Legal Drinking Age in Florida Explained
The legal drinking age in Florida is 21. What that means is that an individual of the age of 21 years or older is lawfully allowed to purchase and consume alcoholic beverages of all the varieties, such as beer, wine, and liquor. There are absolutely no exceptions for drinks of lower alcohol content and/or at a bar, restaurant, tavern, or any licensed establishment.
The legal drinking age was raised from 19 to 21 years in 1987 for all states to comply with the federal government’s legislation. Any state that refused to raise the drinking age risked the loss of federal funding for their highway system. There are absolutely no exceptions to the 21 and over law.
Buying Alcohol in Florida
You have to be 21 or older to purchase alcohol in Florida. By law, stores, restaurants and bars are required to check individuals’ IDs, and most do. Here are some things to know before you go to buy alcohol:
- Alcohol sales times may differ by county and by store.
- Liquor stores may be the only option to buy hard liquor.
- It is illegal to sell liquor to an intoxicated person.
Don’t take it personally if a cashier or bartender asks for your ID. They’re just trying to do their job and follow the law.
Possession Rules for Persons Under 21
Florida takes their possession laws against alcohol for individuals under the legal drinking age very seriously. For underage possession, both carrying and holding an alcoholic beverage, whether empty or not, is against the law, even if you have not consumed any of the alcohol. This law is especially enforced in beach towns.
Exceptions to the Rule of the Legal Drinking Age
While there are no exceptions to the legal drinking age in Florida, there are some exceptions to the law. These exceptions should not be taken as an endorsement to drink and party, but they should be known.
- Training and Employment: Employees under the age of 21 are permitted to stock and/or sell alcohol in certain jobs.
- Training: Culinary and hospitality students are permitted to taste alcohol as a part of their studies.
- Religious Rituals: Consumption of wine during some religious practices is permitted.
This list is missing something that we’ve all been waiting for, permission to drink alcohol at home with our parents. Some states grant permission to drink with your parents but Florida is not one of them.
Penalties for Underage Drinking
Breaking the rules can carry real consequences. Underage drinking or possession is usually treated as a second-degree misdemeanor for a first offense. Here’s a simple breakdown:
| Offense | Possible Penalty |
| First underage possession | Up to 60 days in jail and fines |
| Second offense | Up to 1 year in jail and higher fines |
| Using a fake ID | Misdemeanor or felony charges |
| Driving under 21 with any alcohol | License suspension (zero-tolerance) |
ID Checks and Fake IDs
If you are attempting to use a fake ID you should prepare for much worse than being denied entry. There are scanners that make it very easy for an establishment to identify fake documentation.
If you are an adult from a foreign country traveling to Florida, bring your passport and do not rely on your country issued driver’s license.
Open Container and Public Drinking Basics
Even with a legal drinking age, you can’t drink wherever you want. Florida has open container laws that determine where alcohol can be consumed. Take a look at the basics:
- In vehicles: Alcohol can’t be consumed in a car in the passenger area, whether you’re the driver or passenger.
- Out on the streets: Most cities and counties have some kind of public drinking rule, although the specifics vary. Exceptions may be made for entertainment districts.
- Out on the beaches: Public drinking is prohibited on many beaches, so check local drinking rules to avoid the embarrassment of an open container in a no-drinking area.
- In the parks: Public drinking is prohibited in most parks. Check local rules to avoid embarrassment.
The specifics of the laws vary greatly by town, so even if you leave town for a few miles, you’re possibly breaking a local law.
Tips for Visitors and Parents
Visitors and parents have the same responsibilities.
- Have your ID: Even if you’re obviously over the age, you may still be asked for ID.
- Know the county laws: Rules change by county so do your due diligence.
- Have a designated driver or use a rideshare: This helps avoid all the trouble that can be caused by alcohol and keeping everyone safe and accounted for.
- Explain the driving laws to teens: Parents have the unique opportunity to explain before the driving laws need to be explained.
- Respect the signs: Beaches and parks are good about signage laws regarding alcohol.
These tips keep everything moving without issues or stress.
Frequently Asked Questions
What Is the Legal Drinking Age in Florida?
In Florida, a person must be 21 years of age to legally purchase and consume alcohol. This includes all types of alcohol, such as beer, wine and spirits.
Can a parent give a minor alcohol in Florida?
There are no clear legal exceptions for parents serving alcohol to minors in Florida, not even in their own residences.
What would happen to a minor caught drinking?
A minor may be fined and sentenced to up to 60 days in jail for a first time offense. Subsequent offenses will result in more severe penalties.
Is it legal to drink on Florida beaches?
Not necessarily. Vendors and public drinking on beaches are prohibited and local jurisdictions have varying restrictions. Be sure to check the posted restrictions.
Can people who are under 21 years of age handle alcohol?
Yes, in restricted circumstances. Unrestricted minors may sell or deal with alcohol in the course of their work, but they cannot consume alcohol.
Final Thoughts
The alcohol laws in Florida are quite simple as long as you are 21, you can figure out the rest pretty easily. There is still the matter of where and when it is legal to consume, but those laws are relatively easy to understand and enforce once you’ve learned about them.
Featured image: toklegal.com
