In Florida it is a second-degree misdemeanor for any person under the age of 21 to be in possession of alcohol.
The statute does make an exception for people under 21 who are employed in the beverage service industry.
Alcohol possession by a minor is just one of many alcohol-related offenses that constitute criminal acts in the State of Florida.
Most clients that I have dealt with who have been charged with this offense were issued promises to appear (PTA) while consuming alcohol at a sporting event or tailgate party. It is rare to be physically arrested for this offense.
Eric Matheny is a criminal defense attorney serving clients in Miami-Dade County and Broward County.