Providing Alcohol to a Minor in Florida
Providing Alcohol to a Minor is an enhanceable offense.
Under Florida Statute 562.11(1), the crime of Providing Alcohol to a Minor occurs when a person sells, gives, serves, or provides alcoholic beverages to a person under 21 years of age.
Definition of Alcoholic Beverages
An alcoholic beverage is defined as any distilled spirit or beverage containing one-half of 1 percent or more alcohol by volume. [1]
Penalties for Providing Alcohol to a Minor in Florida
Providing Alcohol to a Minor in Florida is an enhanceable offense, which means that the maximum possible penalties increase if a person commits a second or subsequent offense of Providing Alcohol to a Minor within one year of a prior conviction.
First Offense Penalties
A first offense Providing Alcohol to a Minor is a Second Degree Misdemeanor.
If convicted of Providing Alcohol to a Minor, a judge can impose any combination of the following penalties:
- Up to 60 days in jail.
- Up to 6 months probation.
- Up to $500 in fines.
Subsequent Offense Penalties
Providing Alcohol to a Minor within one year of a prior conviction is a First Degree Misdemeanor.
If convicted of Providing Alcohol to a Minor within one year of a prior conviction, a judge can impose any combination of the following penalties:
- Up to 12 months in jail.
- Up to 12 months of probation.
- Up to $1,000 in fines.
Defenses to Providing Alcohol to a Minor
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Providing Alcohol to a Minor are:
Lawfully Employed Service Employee
It is lawful, and therefore a defense to the crime of Providing Alcohol to a Minor, for a person over the age of 18, to possess (but not consume) alcoholic beverage in the scope of his or her employment. [2]
Non-Alcoholic Beverage
Pursuant to Florida Statute 561.01(4)(a), a beverage is only considered to be alcoholic if it contains one-half of 1 percent or more alcohol by total volume. If the beverage contains less than this amount, the beverage is considered non-alcoholic, which is legal for a minor to possess.
Consequently, if a mixed-drink was the basis of the charge and law enforcement failed to secure the entire drink as evidence, it would be impossible to prove the composition of the drink was one-half of 1 percent or more alcohol by total volume.
Presentation of False Identification
It is a complete defense to the crime of Providing Alcohol to a Minor if, at the time the alcohol was provided, the underage person: [3]
- falsely represented their age;
- a reasonable person would believe the underage person was 21 or older; and
- the underage person presented false identification indicating they were 21 or older.
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Providing Alcohol to a Minor in Central Florida or the greater Orlando area, please contact Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.