Possession of Alcoholic Beverages by Persons Under Age 21 Under Florida Statute Section 562.111, any person under the age of 21 years is prohibited from having alcoholic beverages in his or her possession. However, this minor in possession (MIP) law does not apply to people who are 18 years of age or older and either acting in the scope of their employment with a licensed business that sells, prepares, or provides alcoholic beverages to the public or tasting alcoholic beverages as part of their required curriculum at a postsecondary educational institution that is institutionally accredited by an agency recognized by the United States Department of Education. In all other cases, a first violation is a second-degree misdemeanor punishable by up to 60 days in jail, a fine of up to $500, and a six-month suspension of driving privileges. A second or subsequent violation is a first-degree misdemeanor punishable by up to one year in jail, a fine of up to $1,000, and a two-year suspension of driving privileges. Unauthorized Possession of, and Other Unlawful Acts in Relation to, Driver License or Identification Card It is illegal under Florida Statute Section 322.212 for any person to possess, sell, manufacture, or deliver, or knowingly offer to sell, manufacture, or deliver any blank, forged, stolen, fictitious, counterfeit, or unlawfully issued driver license or identification (ID) card. Juveniles who are under the age of 21 are the people most commonly charged with these types of criminal offenses, and a conviction is a third-degree felony punishable by up to five years in prison and a fine of up to $5,000. If an alleged offender uses a false or fictitious name in any application for a driver license or ID card, knowingly makes a false statement, knowingly conceals a material fact, otherwise commits fraud in any such application, or possesses a driver license or ID card upon which the date of birth has been altered, then this is a second-degree misdemeanor punishable by up to 60 days in jail and a fine of up to $500. Underage Driving Under the Influence (DUI) While drivers who are 21 years of age or older can be charged with DUI for having a blood-alcohol content (BAC) of 0.08 or higher, Florida Statute Section 322.2616 makes it illegal for any person under the age of 21 to drive with a BAC of 0.02 or higher. The penalties for an underage DUI arrest depend on whether the alleged offender submitted to a chemical test to determine his or her blood-alcohol or breath-alcohol level. If he or she did agree to the test, then his or her driving privileges will be suspended for six months for a first offense and 12 months for a second or subsequent offense. If the alleged offender refused to submit to a test, then his or her driving privileges will be suspended for 12 months for a first offense and 18 months for a second or subsequent offense. Selling, Giving, Or Serving Alcoholic Beverages to Person Under Age 21 Under Florida Statute Section 562.11(1), a person who sells, gives, or serves alcoholic beverages to a person under 21 years of age or permits a person under 21 years of age to consume or be served alcoholic beverages on licensed premises commits a second-degree misdemeanor punishable by a maximum sentence of 60 days in jail and a maximum fine of $500 for a first offense. A second or subsequent offense within one year of a prior conviction is classified as a first-degree misdemeanor punishable by a maximum sentence of one year in jail and a maximum fine of $1,000. Misrepresenting or Misstating Age or Age of Another to Induce Licensee to Serve Alcoholic Beverages to Person Under 21 Any person who misrepresents or misstates his or her age or the age of any other person in an attempt to induce 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 any person under 21 years of age who misrepresents or misstates his or her age to purchase or attempt to purchase alcoholic beverages violates Florida Statute Section 562.11(2). This is a second-degree misdemeanor punishable by up to 60 days in jail and a fine of up to $500, although alleged offenders under the age of 17 may be dealt with as juvenile delinquents. Open House Parties A person who has control of any home, apartment, condominium, or other dwelling unit and allows a social gathering to take place at such residence where the person knows and fails to take reasonable steps to prevent the possession or consumption of an alcoholic beverage or illegal drug by a minor violates Florida Statute Section 856.015. A first offense is classified as a second-degree misdemeanor and is punishable by a maximum sentence of 60 days in jail and a fine of up to $500. Second or subsequent offenses, or violations that cause or contribute to causing serious bodily injury or death to the minor or violations in which the minor causes or contributes to causing serious bodily injury or death to another person as a result of the minor's consumption of alcohol or drugs at the open house party can be classified as first-degree misdemeanors, and these are punishable by up to one year in jail and a maximum fine of $1,000.