What are the Florida beverage laws?

Alcohol violations are taken seriously in Florida. The alcohol laws in Florida govern the acts of purchase, possession, and consumption of alcoholic beverages. The reasons these laws are enacted and enforced is to protect public safety, manage health risks, and collect taxes.

It's important for both the residents of Florida and visitors to understand these state alcohol regulations. Failure to understand and abide by alcohol laws can result in serious fines and/or criminal charges. Consider the following..

• Underage drinking violation (first offense) carries a $500 fine and up to 60 days in jail.
• Using a fake ID to buy alcohol can result in a felony charge with up to five years in prison and a $5,000 fine.
• For DUI offenses, penalties range from suspended license to felony charges after a fourth conviction.
• When a drunk driver causes serious injuries or death to someone, the cases can be complex when determining who can be held responsible, whether it's the drunk driver, the bar owner, bartender, or door host.

The State of Florida encourages all Floridians to drive responsibly. When it comes to alcohol and driving, the only acceptable choice is zero tolerance.

Is it unlawful to walk in public with an open container in Florida?

Under Florida Statute § 856.011, it is illegal to drink alcohol or be intoxicated in a public place. Although not technically the same as open container law, which refers to alcohol inside a motor vehicle, many people wonder if it is legal to walk around in public with alcohol. Both crimes are considered second degree misdemeanors. Bryan J. McCarthy, P.P.

856.011 Disorderly intoxication.—

(1) No person in the state shall be intoxicated and endanger the safety of another person or property, and no person in the state shall be intoxicated or drink any alcoholic beverage in a public place or in or upon any public conveyance and cause a public disturbance.

Jacksonville Beach, Florida

Chapter 4, Section 3, of the Jacksonville Beach ordinance code provides as follows:

It shall be unlawful for any person to consume or drink any beer, wine, liquor, or other alcoholic beverage on any public street, sidewalks, boardwalk, or other public place not duly licensed to permit consumption of beverages on the premises.

To assist law enforcement and the State Attorney’s Office in prosecuting their citizens, the ordinance further provides that "Possession of an open container containing an alcoholic beverage by any person in the areas prohibited by this section shall be prima facie evidence of a violation of this section." Thus, in a subsequent criminal prosecution, a citizen's mere possession of an alcoholic beverage will create a permissive inference that an unlawful consumption took place. This means that an accused can be convicted of the offense even without specific proof that a sip was taken. Although the defense may rebut the inference with contrary evidence, the fact-finder (judge or jury) is free to convict the accused on the basis of an inference alone. Troy J. Webber

prima facie

Prima facie is Latin for "at first sight," or “on the face of it.” A prima facie case means that the claim being presented to a court has merit, when taken at face value. A prima facie case is the establishment of a legally required rebuttable presumption. In other words, a prima facie case is a cause of action or defense that is sufficiently established by a party's evidence to justify a verdict in their favor, provided such evidence is not rebutted by the other party. Prima facie evidence/claims are used in criminal courts, as well as civil courts, most commonly in tort law. In fact, various torts will typically have prima facie cases attached to them. In a prima facie tort claim, the plaintiff first provides evidence that a tort was committed by the defendant, then the burden of proof shifts to the defendant to disprove they committed the tort.