Florida’s minimum legal drinking age
When it comes to alcohol, Florida has a minimum legal drinking age of 21 years. Like other states, the minimum legal drinking age in Florida is controlled by the Twenty-first Amendment to the United States Constitution: "[T]he transportation or importation into any State, Territory, or District of Columbia for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited." Like many other laws, however, Florida has significant exceptions. Specifically, Fla. Stat. § 562.111(1) provides that a person under 21 may "accept and transport, but not consume," alcohol when he or she is accompanied by a parent, guardian, or spouse who is at least 21. However, this is far from a blanket exception; the law states that the consumption of alcohol by a person under 21 "is prohibited in any public place or place open to the public."
Neither of these exceptions allow minors to buy alcohol: Fla. Stat. § 562.11 makes it unlawful for anyone to sell, give, serve, or permit the service or sale of alcoholic beverages to a person under 21. While there is no specific statutory exception for religious activities, it is generally accepted that where the consumption of alcohol is a sign of faith, such as in Mass or during a Bar Mitzvah, it is permissible. This is sometimes informally referred to as the "religious exception" to the minimum legal drinking age.
Unfortunately for those looking to get around the law , the loopholes really end there. In terms of the total number exceptions, the Florida Supreme Court noted in its decision in State v. Albertini, 472 So. 2d 543, 550 (1985) quoted from the Restatement (Second) of Torts:
In general, no rules of law or usage impose any liability upon an owner or occupant of premises for injuries resulting from the voluntary acts of the plaintiff or of third persons. No duty is owed to protect them against their own acts. They are held to be responsible for their own conduct. The only exception to the rule is when the conduct is rendered excusable by law or by custom in the absence of negligence.
Knowing this, it is easy to understand what prompted the Supreme Court to state that the public drunk ordinance at issue in Albertini was unconstitutional and held that, "[b]ecause an owner or occupant of a public place owes to all persons on his premises a duty to protect them from harm where the harm is reasonably foreseeable and creates an unreasonable risk of injury, the generalization . . . cannot be made." This makes it exceedingly difficult in Florida to win an offense involving an alleged violation of the legal drinking age, so it is essential to consult with an experienced legal professional if you find yourself in such circumstances.
Legal purchase age for tobacco products
Beginning October 1, 2021, the legal age of purchase for tobacco products in Florida has increased from ages 18 to 21. This change follows a national trend following the enactment of federal legislation known as the Tobacco 21 law that raised the minimum legal purchase age for tobacco products for the entire United States. While the federal law was passed in December 2019, there was a gap period before the law went into effect and the change was made at the state level. As is often the case, the policy change was met with confusion amongst retailers across the state.
Chapter 2020-12, Laws of Florida, did not repeal the existing provisions in Chapter 569, Florida Statutes, that require the age of sale to be 18. Because of this omission, however, the Department of Business and Professional Regulation was uncertain which standard applied. Without clarification, violations were being cited that were clearly not violations of law.
In response to the confusion, the Department sought to speak with the legislature about whether the Department had authority to issue citations on the basis of the federal law. Even though the Tobacco 21 law has been around for over a year, state and local law enforcement were still handing out citations for violations under the previous state law. This created situations where some stores received citations and fines for sale to persons over the age 18 while others did not. The legislation was addressed during the 2021 legislative session and the outcome was positive.
Voting age in Florida
Under the current Florida law, qualified individuals may begin voting at the age of eighteen. Individuals who meet all voter registration requirements are eligible to vote in any primary, local, or federal elections. While the legal voting age is eighteen, under certain circumstances a minor may register to vote without parental consent and prior to turning eighteen. These circumstances are when a minor will reach the age of eighteen on or before the next general election and if the minor is a Florida resident. In general, to register, otherwise eligible individuals must not have been adjudicated mentally incapacitated with respect to voting or have had his or her right to vote withheld pursuant to section 4., Article VI of the State Constitution. Voter registration forms must be completed with the following information: date of birth, residential address, address of legal residence if different from the residence address, identification information, signature, and the name of each qualified applicant. Voter registration forms will only be accepted by county supervisors’ of elections if they are postmarked or signed for service and received at registration agencies within the designated time frames.
Legal driving age and licenses
The legal age to obtain a driver’s license in Florida is 18 years old. Teenagers aged 16 can, however, obtain a learner’s permit or, as they’re now called, a learner’s license, which is a restricted license that allows them to get behind the wheel of a car with supervision. There are restrictions, of course. This restriction prohibits them from driving during certain hours and requires them to be under the supervision of a licensed driver who is at least 21 years old.
After passing the restrictions test, the minor will receive a Class E learner’s permit, which restricts them from driving unsupervised for a period of 12 months. After this time period , if they have completed driver’s education and logged the required number of driving hours with and without supervision, they can upgrade to a full driver’s license by applying for a Class E license. The well-known "graduated" licensing system consists of these two steps.
Those who are 18 years of age or older can also apply for a Class E learner’s license under Florida law, but there is no second probationary period, and they can not upgrade to a full driver’s license until they have completed a 4-hour Traffic School, which is also called the DATA course (Driver Awareness Training).
Consent age and marrying
In Florida, the legal age to consent to sexual activity is 18. Persons age 12 and over can consent to medical care without parental consent more generally; as such, the law provides that persons age 12 and older are deemed to have the capacity to consent to sexual activity in the absence of intervening factors such as mental incapacity, intoxication, or infirmity. Parents may provide consent for medical treatment for un-emancipated minors – generally those under age 18 – but such consent is not required for medical treatment related to an abortion. Florida law criminalizes engaging in sexual conduct with persons under age 18. Consent is not a defense if the person is married to the offender, is not the minor’s parent, and the offender is not a qualified medical physician. It is a third degree felony to engage in sexual conduct with a minor less than 18 with whom one believes is actually over the age of 18. Certain exceptions apply. Sexual activity between a person at least 18 years of age and a minor between the ages of 16 and 17 is a second degree misdemeanor unless the minor is living apart from his or her parents or guardian and is, in fact, providing for his or her own care; or unless the juvenile engaged in prostitution. Sexual activity by minors over the age of 12 is also exempt from criminal prosecution if the minor involved is of a similar age, if both minors are voluntary and cooperative participants, and if activity or contact does not involve the use of force, threats, or coercion. The minimum age for marriage in Florida is 18. If either the male or female is under 18 years of age, he or she must have the consent of both parents or legal guardians and a county court judge.
Legal working age
Many children begin working part or full-time while still in school, either in an effort to save money for college or become more independent. In Florida, as in many other states, there are strict laws regarding the age at which a minor may begin work. The Fair Labor Standards Act (FLSA) regulates the conditions under which minors work and provides that the legal age for employment is generally 14 or 15 years old.
Under the FLSA, there are certain restrictions related to the kinds of work each age group is permitted to perform. According to the federal Department of Labor, minors aged 14 or 15 may work in various jobs, but cannot be employed in construction, mining or any job which involves power-driven machines or vehicles . They can work outside of school hours, for limited hours during the school week, and may be employed in various occupations under certain conditions. The permitted working hours for minors aged 14 and 15 are as follows:
• Non-school days: 7 a.m. – 7 p.m.
• School days: 7 p.m. – 7 a.m., except Fridays, when a 9 p.m. curfew applies.
• Non-school, non-summer breaks: 7 a.m. – 7 p.m.
• Summer vacation (defined as 30 consecutive days excluding major holidays): 7 a.m. – 9 p.m.
Most of Florida’s child labor laws require minors to be at least 18 years old. A minor aged 16 or 17 may not work in any occupation deemed hazardous, such as use of power-driven equipment and driving and operating motor vehicles. It is important to remember that violating child labor laws can lead to both state and federal penalties.