Florida/Georgia Personal Injury & Workers Compensation

...Florida laws, like those of other states, regularly prohibit minors from engaging in the same activities as adults. See, e.g., § 322.05(1), Fla. Stat. (2003) (prohibiting minors under 15 from driving, and 15-year-olds from driving unaccompanied by an adult); § 562.111(1), Fla....

...resulting damages unless the furnishing is unlawful. Defendants contend that section 768.125 does not create liability for a social host because it is not unlawful to provide alcoholic beverages to minors within the confines of the home. I disagree. Section 562.111, Florida Statutes (1983), provides: It is unlawful for any person under the age of 19 years, except a person employed under the provisions of s....

...th evidence); Cook v. State, 528 So.2d 1311 (Fla. 2d DCA 1988) (removing a questionable nose tank from an airplane in anticipation of law enforcement's inspection and in order to conceal the tank from law enforcement is tampering with evidence). [2] § 562.111, Fla....

...en that adult becomes aware that a minor has alcohol on the premises. Perhaps reasonable people may disagree about the need or efficacy of the statute, but that is not in issue. Another law, of course, prohibits the possession of alcohol by a minor. § 562.111, Fla....

...We limit this condition to a proscription of the possession of a firearm, electric weapon or a concealed weapon. Any broader construction of the condition is stricken. See Justice v. State, 674 So.2d 123 (Fla.1996); Vasquez, 663 So.2d at 1347-48. 5. Not use or possess alcoholic beverages or controlled substances. Section 562.111, Florida Statutes (1995), prohibits any person under the age of 21 from having alcoholic beverages in his possession....

...ROBERT P. SMITH, Jr., Judge. D.C.E., a minor, appeals from a circuit court order of adjudication that he is a delinquent because he committed disorderly conduct, contrary to a Pensacola municipal ordinance, and possessed alcoholic beverages contrary to Section 562.111, Florida Statutes (1977)....

15-year-olds from driving unaccompanied by an adult); § 562.111(1), Fla. Stat. (2003) (prohibiting persons under

...islative committee of this state is pending or is about to be instituted, shall: (a) Alter, destroy, conceal, or remove any record, document, or thing with the purpose to impair its verity or availability in such proceeding or investigation; ... [2] Section 562.111, Fla....

...., a child, after finding him delinquent and placing him in a community control program. We reverse. R.N. was charged, inter alia, with committing the delinquent act of possessing alcoholic beverages while under the age of twenty-one in violation of section 562.111, Florida Statutes (1991). R.N. pled nolo contendere, adjudication was withheld, and he was placed in a community control program until his nineteenth birthday. The trial court refused the state's request to invoke the provisions of section 562.111 which states: (2) In addition to any other penalty imposed for a violation of subsection (1), the court shall direct the Department of Highway Safety and Motor Vehicles to withhold issuance of, or suspend or revoke, the violator's driver's license or driving privilege, as provided in s. 322.056. Section 322.056, Florida Statutes (1991), provides: (1) Notwithstanding the provisions of s. 322.055, if a person under 18 years of age is found guilty of or delinquent for a violation of s. 562.11(2), s. 562.111, or chapter 893, and: (a) The person is eligible by reason of age for a driver's license or driving privilege, the court shall direct the department to revoke or to withhold issuance of his driver's license or driving privilege for a period of: 1. Not less than 6 months and not more than 1 year for the first violation. Both of these provisions are legislative mandates directing revocation of driving privileges for a juvenile who is found delinquent for violation of section 562.111....

...in a community control program without having found him to be delinquent. See § 39.053(2), Fla. Stat. (1991). Accordingly, we reverse the decision of the trial court and remand this cause for imposition of the revocation of R.N.'s driving privileges pursuant to section 562.111(2)....

...The State appeals the juvenile court's failure to order the suspension of the driver's license of J.V.W., pursuant to section 322.056, Florida Statutes (1997). We agree that the suspension was mandatory and reverse. A petition charged J.V.W. with violating section 562.111, Florida Statutes (1997), which prohibits possession of alcoholic beverages by minors....

...Mel Black, Miami, for respondent. Before SCHWARTZ, C.J., and BASKIN and FERGUSON, JJ. PER CURIAM. Donald Matthew Freund was arrested and charged with reckless driving [1] and possession of alcoholic beverages by a person under the age of twenty-one in violation of section 562.111, Florida Statutes (1987). At trial, the county court dismissed the alcohol possession charge on a finding that section 562.111 was unconstitutional....

...After Freund was apprehended, the officer looked into his automobile and saw several opened and empty beer bottles with beer spilled on the front seat and floorboard. Freund, a person under the age of twenty-one, was charged with the illegal possession of alcoholic beverages in violation of section 562.111, Florida Statutes (1987), which provides: Possession of alcoholic beverages by persons under age 21 prohibited....

...e car if one bottle of beer was in the grocery bag. The trial judge agreed that the statute could be found vague or overbroad under those circumstances. In granting the defendant's ore tenus motion to dismiss the court held, by a written order, that section 562.111 is "so vague in its terms and so unconstitutionally broad that it criminalizes conduct that virtually every person would regard as lawful." We disagree and reverse. A statute is void for vagueness if it fails "to convey sufficiently definite notice of what conduct is proscribed." State v. Gray, 435 So.2d 816, 819 (Fla. 1983). The conduct clearly proscribed by section 562.111 is possession of alcoholic beverages by a person under the age of twenty-one, except in specified circumstances....

...In the absence of such evidence, the trial court was required to grant P.D.T.'s motion for judgment of dismissal. We recognize that P.D.T. subsequently took the stand and testified that he entered the house with the intent to drink beer, a crime for a minor, see section 562.111(1), Florida Statutes (2007)....

...d C.C.S.'s driver's license, contrary to the requirements of section 322.056(1), Florida Statutes (1997). C.C.S. entered a no contest plea to the delinquent act of possession of an alcoholic beverage while under the age of twenty-one, a violation of section 562.111, Florida Statutes (1997), and an enumerated offense under section 322.056(1)....

...Beasley, 580 So.2d 139, 142 (Fla.1991), that "publication in the Laws of Florida or Florida Statutes gives all citizens constructive notice of the consequences of their actions." In W.J., one of the conditions challenged by the child was the condition not to use or possess alcoholic beverages. We reasoned that since § 562.111, Fla....

A petition charged J.V.W. with violating section 562.111, Florida Statutes (1997), which prohibits possession

...T P. SMITH, Jr., Judge. D. C. E., a minor, appeals from a circuit court order of adjudication that he is a delinquent because he committed disorderly conduct, contrary to a Pensacola municipal ordinance, and possessed alcoholic beverages contrary to Section 562.111, Florida Statutes (1977); Appellant contends (1) the delinquency petition was insufficient to vest the circuit court with subject matter jurisdiction; (2) the disorderly conduct adjudication was an unconstitutional application of the...

...C.S.’s driver’s license, contrary to the requirements of section 322.056(1), Florida Statutes (1997). C.C.S. entered a no contest plea to the delinquent act of possession of an alcoholic beverage while under the age of twenty-one, a violation of section 562.111, Florida Statutes (1997), and an enumerated offense under section 322.056(1)....

FULMER, Judge. The State appeals from a disposition order that withheld adjudication in R.P.E.’s case and failed to order the suspension of R.P.E.’s driver’s license pursuant to sections 562.111 and 322.056(1), Florida Statutes (1997). We reverse because the driver’s license suspension is mandatory. R.P.E. was charged by delinquency petition with possession of an alcoholic beverage by a person under twenty-one years of age, in violation of section 562.111, Florida Statutes (1997)....

...at the time he approached him in the grocery store. He saw K.S. drinking from a bottle that appeared to contain an alcoholic beverage, and he saw K.S. take possession of several twelve packs of Budweiser beer. The possession of alcohol by a minor is a misdemean- or offense. § 562.111, Fla....

...REVERSED AND REMANDED. GOSHORN, J., concurs. THOMPSON, J., dissents with opinion. . This case is distinguishable from State v. Paul, 638 So.2d 537 (Fla. 5th DCA 1994) because Wilkinson saw more than K.S.'s mere presence around a vehicle. . That statute provides: 562.111 Possession of alcoholic beverages by persons under age 21 prohibí ted.- (1) It is unlawful for any person under the age of 21 years, except a person employed ......

...Beasley, 580 So.2d 139, 142 (Fla.1991), that “publication' in the Laws of Florida or Florida Statutes gives all citizens constructive notice of the consequences of their actions.” In W.J., one of the conditions challenged by the child was the condition not to use or possess alcoholic beverages. We reasoned that'since § 562.111, Fla....

...We limit this condition to a proscription of the possession of a firearm, electric weapon or a concealed weapon. Any broader construction of the condition is stricken. See Justice v. State, 674 So.2d 123 (Fla.1996); Vasquez, 663 So.2d at 1347-48 . 5. Not use or possess alcoholic beverages or controlled substances. Section 562.111, Florida Statutes (1995), prohibits any person under the age of 21 from having alcoholic beverages in his possession....

PER CURIAM. The State presented insufficient evidence to establish a prima facie case for possession of alcohol by a minor under section 562.111, Florida Statutes....

...Robert A. Butterworth, Attorney General, and Robert A. Wheeler, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. The State presented insufficient evidence to establish a prima facie case for possession of alcohol by a minor under section 562.111, Florida Statutes....

...In the absence of such evidence, the trial court was required to grant P.D.T.’s motion for judgment of dismissal. We recognize that P.D.T. subsequently took the stand and testified that he entered the house with the intent to drink beer, a crime for a minor, see section 562.111(1), Florida Statutes (2007)....

...., a child, after finding him delinquent and placing him in a community control program. We reverse. R.N. was charged, inter alia, with committing the delinquent act of possessing alcoholic beverages while under the age of twenty-one in violation of section 562.111, Florida Statutes (1991). R.N. pled nolo contendere, adjudication was withheld, and he was placed in a community control program until his nineteenth birthday. The trial court refused the state’s request to invoke the provisions of section 562.111 which states: (2) In addition to any other penalty imposed for a violation of subsection (1), the court shall direct the Department of Highway Safety and Motor Vehicles to withhold issuance of, or suspend or revoke, the violator’s driver’s license or driving privilege, as provided in s. 322.-056. Section 322.056, Florida Statutes (1991), provides: (1) Notwithstanding the provisions of s. 322.055, if a person under 18 years of age is found guilty of or delinquent for a violation of's. 562.11(2), s. 562.111, or chapter 893, and: (a) The person is eligible by reason of age for a driver’s license or driving privilege, the court shall direct the department to revoke or to withhold issuance of his driver’s license or driving privilege for a period of: 1. Not less than 6 months and not more than 1 year for the first violation. Both of these provisions are legislative mandates directing revocation of driving privileges for a juvenile who is found delinquent for violation of section 562.111....

...If the department then determines that the person was arrested for a violation of s. 316.193 and that the person had a blood-alcohol level or breath-alcohol level of 0.08 or higher, the department shall suspend the person’s driver’s license pursuant to subsection (3).' . § 316.089, Fla. Stat. (1997). . § 562.111, Fla....