What is the Legal Drinking Age in Key West, Florida?
The legal drinking age in Key West, Florida, and throughout the state, is 21 years old. This regulation aligns with the minimum purchasing age set by both the federal and state laws. In Florida, the legal code that governs the lawful drinking age is outlined in Section 561.19(1) of the Florida Statutes.
According to federal law, the minimum age for purchasing alcohol was established in the National Minimum Drinking Age Act of 1984. This legislation aimed to reduce drunk driving incidents and alcohol-related traffic fatalities. The act further stipulated that states must enforce a minimum drinking age of 21 and failure to do so would result in a reduction of federal transportation funds .
The Florida law mandates that it is illegal for any person under the age of 21 to purchase or attempt to purchase alcoholic beverages. It is also illegal for vendors to sell or serve alcoholic drinks to those under this age. There are, however, exceptions in some states for specific circumstances, such as for religious purposes or in private clubs.
In Key West, visitors and residents alike are expected to comply with the 21 and over requirement for purchasing alcohol. The local law enforcement agencies and businesses that sell or serve alcohol strictly uphold this rule. It is essential to factor the legal drinking age into your travel plans and ensure a safe and enjoyable experience while visiting this popular Florida destination.
The Relevance of the Legal Drinking Age in Key West
The legal drinking age is one of those rules in Florida that everyone seems to know, but few really understand the implications of. Not only does this affect residents of Florida, tourists in Florida, and specifically tourists in Key West deal with this law. The legal age to consume alcohol in public is clearly defined by the state, with blurred lines only coming in when there’s a question of responsibility. The age for drinking in Florida is at least 21 years of age.
The first thing you need to know about the legal drinking age in Florida is that the state is always very serious about violations of this law. They take it seriously enough that there is a graduated system of penalties in place to punish violators. There are also strict civil penalties (fines) that hit much harder than many would expect. While I’ve long held that minor drug offenders should see a drop in their civil penalty, drinking underage is one of those things that makes me want to hit people with a big stick.
Of course, there’s definitely a social reason why we’ve set the drinking age at 21. It is without a doubt one of those things that keeps our state safer in every way. It is undoubtedly the soundest prevention against underage drunkenness. I’m sitting here in an 849 posting to this blog. As I sit and enjoy a cocktail while working late on a Friday, I think about how safe I feel and how great it all is. Then I think about how different it all would be if some of the kids that got into the bars around the corner from me joined in on the fun and games, and how major a safety risk that would be.
I know, kind of a worry wart answer — but the fact is that Florida simply doesn’t care to play games with drinking. Alcohol on the whole is a safe and enjoyable thing when engaged in in moderation, but giving kids and adolescents the building blocks for dependency is a very, very bad thing.
State Drinking Law vs. Local Ordinance
The legal drinking age in all of Florida is 21 years old. While that may be the only thing you need to know, understanding a few more details and how our island municipality fits into the overall state picture helps you navigate this complex, fascinating and positively intoxicating world that surrounds alcohol consumption.
Georgia, Mississippi, New Hampshire, Texas and Tennessee are the only states with a minimum legal drinking age law of 18. All others have set it at 21.
In addition to the minimum legal age of 21, Florida law – like most other states – states that "It is unlawful for any person to sell, give, dispense or serve alcoholic beverages to any person who is not a "person of lawful drinking age", which is defined in Florida Statute 561.01(4) as meaning any person "who has attained his or her [21st] birthday."
Florida also has laws prohibiting the "misrepresentation of age" or "using false or fraudulent identification" to obtain an alcoholic beverage. So if you’re under age and think you can keep getting away think again. Underage at the bar may seem fun but in the end it’s just illegal.
Know Your Municipal Ordinances
Florida is a "Home Rule" state which means cities have the ability to adopt ordinances which exceed the minimum state law. Once such example is Key West where our local municipal ordinances are a little more stringent than the state minimum mentioned above. In Key West, the law is clear that "All persons under 21 years of age are prohibited from protecting, serving, pouring, mixing, or selling alcoholic beverages." According to the ordinance the city’s definition of "alcoholic beverage" is a "beverage containing an alcoholic content of more than one-half of one percent by volume and capable of human consumption." Furthermore, "No person under 18 years of age shall be permitted in any place holding an alcoholic beverage license in any capacity including, but not limited to employee, server, patron, etc."
Penalties for getting caught underage drinking can cost you if you’re not careful. Just how bad are the penalties for underage drinking in the Keys?
For the first offense, you’ll get stiff fines, community service and/or substance education classes. Even worse, you’ll be on probation for a year where you must take drug and alcohol assessments. In addition, you will lose your driver’s license for two years.
The Isle of Boneheads
Anyone over 21 knows that drinking legally is one of life’s great pleasures, especially here in Key West where we live in paradise, as they say. However, when it comes to the law it’s important that you know that drinking is also one of the most enforced laws in our county.
Our small subdivision of Monroe County is affectionately known as The Isle of Bones (that’s a pun on Isle of Keys and drunk driving fatalities). Once dubbed the "drunkest city in America," Key West has since cracked down on drunk driving in favor of incentive programs that help those who dare to drink get home responsibly.
Key West is now a leader in DUI prevention which has allowed us to boast an extremely low DUI rate, especially compared to other cities with higher intoxication rates.
Underage drivers are especially targeted when cops see someone under 21 driving under the influence of alcohol, whether they’ve been pulled over for another traffic violation or stopped along while patrolling.
Underage drinking and driving is illegal all across the U.S.A. Many counties in Florida participate in the "Arrive Alive" program which offers up to $500 in free taxi rides home on New Year’s Eve, Memorial Day, Labor Day, Fourth of July and St. Patrick’s Day. Thus, don’t give them reason to put you in the drunk tank, get behind the wheel with an open container of alcohol or pills, or let your friend do the same.
Drinking Age Penalties in Key West
In Key West, court-imposed punishment for underage violation, even a first offense, is not something to take lightly. While Key West’s laid-back vibe suggests visitors are free from supervision, indulging in certain liberties can lead to serious legal penalties for even the most well-intentioned individuals. Florida law provides for a first offense to typically end with nothing more than a fine. The situation becomes much more serious when someone under the age of 21 reads the fine print and realizes that the fine is paid out to the county, not the city of Key West. The potential for the fine to increase to $500 – or even more with repeated offenses – means repeated trips to the courthouse for more than just the fine. In most cases, there is an additional requirement for "community service" hours.
Believe it or not, even though your eyes tell you that all is well and compliant with the law, Key West Police Department apparently disagree. One of the more confusing ordinances and laws is that which pertains to the enforcement of alcohol sales specifically to those under the age of 21. Regardless of whether you are from Ohio, Washington, Oregon, Texas, Michigan, California, or Minnesota, the same strict ordinance applies. No one may sell or give alcohol to a minor – but that means anyone! It does not matter who you are selling or giving the alcohol to, or even whether they appear to be over 21, the law dictates that you may not give or sell any alcohol, even in a private setting, to a person under the age of 21.
Enforcement of this ordinance dates back to the time when the rule was passed, around 1984. It obviously had a purpose to play in saving lives, but the rules have not yet caught up with the rest of the nation, where this does not apply to two people of roughly the same age. If you see the penalty schedule for this ordinance you will see that a first offense is $250.00 and will also include any other penalties the Court might order. For instance, Community Service hours will be required by the Court. The community service requirements will be "one-fourth of the total amount of the fine imposed."
When facing an alcohol related charge in Key West that involves furnishing alcohol to minors, it is important to understand that the associated crime is classified as a "Class A Misdemeanor." This means that the potential penalty here is very serious and can be as bad as any felony case. Specifically, the law provides for a potential imprisonment period of up to one year in the County Jail, in addition to the fines and court ordered community service.
How the Drinking Age Law Has Some Exceptions
For those in certain younger age brackets, there may be no way around a violation. However, Florida law does provide some exceptions. Florida Statute Section 562.111 outlines these exceptions. A person who is under the age of 21 and who consumes alcoholic beverages as a result of a religious ceremony, rite or cultural practice does not commit a violation under this statute. This applies even if the minor transports or has in her custody other containers of alcoholic beverages for consumption as part of the ritual. Additionally, a minor may not be in violation if she consumes alcohol under the supervision of and in the immediate presence of her parent, legal guardian or spouse who is of legal drinking age . Shores v. State addressed an interesting variation on this statute, where the defense lawyer argued that the minor was actually in violation only of the county ordinance amendment that lowered the minimum drinking age for the purpose of consuming alcoholic beverages while on licensed premises. The appellate court noted that even if the appellant was in violation of municipal ordinance only, because the ordinance was more restrictive than the state statute, "the ordinance imposes a penalty more severe than that specified in the statute, considering the penalty unit is the same." The ordinance in question prohibited the minor from even being present on the premises unless accompanied by a parent.
How Does the Drinking Age Affect Tourists?
Key West, Florida, a popular tourism destination, abounds with a variety of activities to entertain travelers. Water sports, sightseeing, shopping, dining, nightlife, and culture can all be found in this southernmost point in the continental United States. Naturally, visitors to this sunny area of the country are bound to want to enjoy beverages such as cocktails and other spirited drinks. It is important to note that although Key West is a less likely location for the legal drinking age to be enforced, it is still illegal for anyone under the age of 21 to consume or possess alcoholic beverages. For individuals that are of legal drinking age, there are dozens of establishments that serve alcoholic beverages within the city limits of Key West. Tourists will find beachfront hotels that have bars attached or located within them, and most bars and restaurants offer a lounging area that includes a bar. There are also a number of nightclubs spread throughout the area, as well as numerous bars concentrated on Duval Street. Every establishment has distinct hours of operation for they open and close, but most are open late into the night. Nonetheless, the legal drinking age requirement is never waived, and therefore, careless tourists and locals alike should exercise caution. Of the many establishments that welcome tourists, several have a reputation for being pretty lax in their enforcement of the legal drinking age. More often than not, tourists are not questioned about their age upon reaching the door of a bar. Unfortunately, however, there are still some establishments that are strict in their enforcement. Some bars have bouncers that are stationed at the door and may ask individuals for identification. Although several tourists have commented on the fact that any form of identification is acceptable, most require a state-issued or federal-issued ID. Accordingly, visitors should never leave their ID back in their hotel room, because without it, they will not gain entry anywhere that serves alcoholic beverages. Also important to know is that while there are some establishments that will not inquire about whether an individual is of legal drinking age, all employees who serve alcohol on the island must undergo training and become a Certified Server, which certifies that they are responsible servers of alcohol. This entails knowledge and information about the laws that exist in the State of Florida. Server training also informs employees working in such establishments how to recognize signs of intoxication and how to deal with situations when an impermissible amount of alcohol has been consumed by a customer.
Encouraging Responsible Drinking in Key West, Florida
In addition to enforcing the legal drinking age, Key West is proactive in promoting responsible drinking. Community-led initiatives have evolved over the years to address alcohol-related issues in the area. Local law enforcement agencies work closely with establishments to create an environment that encourages responsible alcohol consumption. Several bars and restaurants have launched their own educational campaigns – putting up posters, serving water alongside alcohol, and even providing complimentary food in hopes of decreasing binge drinking among patrons regardless of age. A number of organizations conduct educational programs focused on the prevention of underage drinking. Collaborating with schools, local businesses, and community leaders, these programs enable speakers to go into classrooms and offer firsthand insight to the students. The Clear the Key Coalition, in collaboration with the Department of Children and Families, frequently coordinates efforts with local agencies that focus on youth violence, substance abuse, and mental health . The Hope and Help Center of the Southernmost Caribbean has also focused on community development by administering the Youth Substance Abuse Prevention program to broach the topic of alcohol-related issues with teens. The Conch Republic Independence Celebration and Fantasy Fest, two of Key West’s most widely recognized events, are also influential in reducing alcohol-related incidents. The Conch Republic Independence Celebration, an annual event celebrating the republic that declared war on the U.S. for one minute in 1982, focuses on maintaining a healthy balance of festive fun and respect for the locals and visitors. Members of the Key West Chamber of Commerce have said this balance is key to the event’s success, as the cultural event continues to pack monumental numbers both locally and internationally. Fantasy Fest, an annual festival held in October and November, also strives for a similar balance. With most festivities being held outdoors, the outdoor concert on the final evening aims to wrap up the week-long event with a bang while also emphasizing the importance of planning ahead for a safe and responsible night.