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Florida

Identification

  • Acceptable Identification
    • Florida Statutes § 322.051 (State ID Cards)
    • Florida Statutes§ 101.043 (Voting Identification Requirements)
    • Florida recognizes various forms of identification as acceptable for different purposes. Common forms of acceptable ID include:
      • Florida Driver’s License (issued by the Florida Department of Highway Safety and Motor Vehicles).
      • Florida Identification Card (for non-drivers).
      • U.S. Passport or Passport Card.
      • Military ID Card (active, retired, or dependent).
      • Permanent Resident Card (Green Card).
      • Tribal Identification Card (issued by federally recognized tribes).
      • Florida Voter ID Card (or other government-issued photo ID with signature, specifically for voting).
      • Concealed Weapon Permit (for certain purposes like voting).
  • Acceptable Digital Identification
    • Florida Smart ID DMV
    • As of now, Florida has not fully implemented a statewide digital identification system. While there have been discussions and pilot programs exploring digital driver’s licenses, residents are currently required to use physical IDs for official purposes.
  • What requirements are needed to acquire acceptable ID’ and Acceptable Digital ID’s
    • Florida Statutes § 322.08 (Driver’s License Application Requirements)
    • Florida Statutes § 322.032 (Digital Driver Licenses)
    • Florida Smart ID DMV
    • Florida State-Issued Driver’s License or ID Card:
      • To obtain a Florida driver’s license or state ID card, applicants must meet the following requirements:
      • Proof of Identity:
        • U.S. Birth Certificate, U.S. Passport, or Certificate of Naturalization.
      • Proof of Social Security Number:
        • Social Security card, W-2 form, or pay stub with SSN.
      • Proof of Florida Residency:
        • Two documents showing a Florida address (e.g., utility bill, lease agreement, mortgage statement).
      • Proof of Legal Presence:
        • Non-citizens must provide a valid Permanent Resident Card, Employment Authorization Document (EAD), or a Visa.
      • Florida Smart ID (Digital ID):
        • N/A
  • What types of identification are accepted for non-citizen or foreign nationals in this state?
    • Florida Statutes § 322.08 (Driver’s License Application Requirements)
    • Non-citizens and foreign nationals can use the following types of identification in Florida:
      • Valid Passport from the individual’s country of origin.
      • Permanent Resident Card (Green Card) for legal residents.
      • Employment Authorization Document (EAD) issued by U.S. Citizenship and Immigration Services (USCIS).
      • Consular Identification Card (issued by the consulate of the individual’s home country, though its use is limited in certain contexts).
  • Can undocumented individuals obtain a state ID or Drivers license in this state?
  • What privacy protections are in place for Digital Id’s in this state?
  • Can Digital IDs be legally used for law enforcement verification?

Alcohol

  • Age permitted to Access Alcohol Retailers and Venues (How old do you have to be to enter a bar? Include Federal Law and State Law)
    • Florida Statutes § 562.11; National Minimum Drinking Age Act
      • Federal Law:
        • The minimum legal drinking age is set at 21 years old under the National Minimum Drinking Age Act of 1984. 
        • States that do not comply with this federal standard risk losing federal highway funds.
      • Florida State Law:
        • In Florida, individuals must be 21 years old to enter bars or venues where alcohol is the primary product sold.
        • Some establishments (e.g., restaurants or venues with mixed-use purposes) may allow individuals under 21 to enter if accompanied by a parent or guardian, provided they are not consuming alcohol.
  • Age permitted to consume Alcohol
    • Florida Statutes § 562.11
    • The legal age to consume alcohol in Florida is 21 years old.
    • Minors (under 21) are prohibited from consuming alcohol, except in specific circumstances.
  • Age permitted to serve Alcohol
    • Florida Statutes § 562.13
    • The minimum age to serve alcohol (e.g., as a waiter or bartender) in Florida is:
      • 18 years old for serving alcohol in a restaurant or bar.
      • Individuals under 21 cannot consume alcohol while working.
  • Age permitted to purchase Alcohol
    • Florida Statutes § 562.11
    • The legal age to purchase alcohol in Florida is 21 years old.
    • Retailers are required to request valid identification (e.g., driver’s license, state ID, passport) to verify the purchaser’s age.
  • What is the consumable limit (if any)
  • What is the purchase limit (if any)
    • Florida Statutes § 562.01
    • Florida does not have a specific purchase limit for alcohol.
    • Retailers may impose their own limits on alcohol sales.
    • Large quantities of alcohol purchased may raise suspicion of unlawful resale or provision to minors, which can lead to an investigation.
  • What is the legal BAC (Blood Alcohol Content) limit in this state?
    • Florida Statutes § 316.193
    • The legal BAC limits in Florida are as follows:
      • 0.08% for drivers aged 21 and older.
      • 0.04% for commercial drivers.
      • 0.02% for drivers under 21 (zero-tolerance policy)
  • Are there any exceptions for minors consuming alcohol (e.g., religious ceremonies, parental supervision)?
    • Florida Statutes § 562.11
    • Florida law prohibits alcohol consumption by minors under most circumstances.  There are limited exceptions:
    • Religious Ceremonies: Minors may consume alcohol as part of a religious ceremony (e.g., communion).
    • Parental Supervision: A minor may consume alcohol in a private residence if provided and supervised by their parent or legal guardian.
    • Note: These exceptions do not apply in public venues or when driving.
  • What are the penalties for providing alcohol to minors at a private residence?

Tobacco

  • Age permitted to access Tobacco Retailers and Venues (How old do you have to be to enter a cigar shop, smoke shop, or smoking lounge? Include Federal Law and State Law)
    • Florida Statutes § 569.002
    • Federal Tobacco 21 Act
    • Federal Law:
      • Under the Tobacco 21 Act (December 2019), the minimum age to purchase or access tobacco products is 21 years old nationwide. Retailers must verify age through valid government-issued identification.
    • Florida State Law:
      • Florida law aligns with federal law, requiring individuals to be 21 years old to access tobacco retailers, including cigar shops, smoke shops, and smoking lounges.
    • Exceptions: Some cigar lounges may allow individuals under 21 to enter if they are not purchasing or consuming tobacco products, but this is subject to the establishment’s policies.
  • Age permitted to use Tobacco
    • Florida Statutes § 569.002
    • The legal age to use tobacco products, including cigarettes, cigars, and vaping products, is 21 years old.
    • Individuals under 21 are prohibited from smoking or vaping in public or private spaces where tobacco use is regulated.
  • Age permitted to sell Tobacco
    • Florida Statutes § 569.006
    • The minimum age to sell tobacco products in Florida is 18 years old.
    • Employees under 21 may sell tobacco products as part of their job but cannot personally purchase or consume these products.
  • Age permitted to purchase Tobacco
    • Federal Tobacco 21 Act
    • Florida Statutes § 569.002
    • Federal and State Law:
      • The legal age to purchase tobacco products in Florida is 21 years old, in compliance with the Tobacco 21 Act.
      • Retailers are required to verify the purchaser’s age using valid government-issued ID.
  • What is the consumable limit (if any)
  • What is the purchase limit (if any)
    • Florida Statutes § 569.007
    • Florida does not impose a specific purchase limit on tobacco products.
    • Retailers may restrict bulk purchases to prevent illegal resale or distribution to minors.
    • Suspiciously large purchases may trigger investigations for potential violations of tobacco distribution laws.
  • Are vaping products regulated differently from traditional tobacco in this state?
    • Florida Statutes § 569.002
    • Florida Statutes § 386.204
    • Family Smoking Prevention and Tobacco Control Act
    • Florida State Law:
      • Vaping products, including e-cigarettes and e-liquids, are regulated similarly to traditional tobacco products in Florida.
      • The sale, possession, and use of vaping products are restricted to individuals aged 21 and older.
      • Vaping is prohibited in public spaces where smoking is banned under the Florida Clean Indoor Air Act.
    • Federal Law:
      • The U.S. Food and Drug Administration (FDA) regulates vaping products under the Family Smoking Prevention and Tobacco Control Act. This includes age restrictions, packaging, and advertising rules.
  • Are flavored vapes or disposable e-cigarettes banned?
    • FDA
    • Federal law prohibits the sale of closed-system devices (pods, cartridges) containing e-liquid in flavors other than tobacco or menthol. 
    • Florida does not have additional state-specific bans on flavored vaping products beyond federal regulations.
    • The sale of any vaping product to individuals under 21 is strictly prohibited.

Cannabis

  • Age permitted to access Cannabis Retailers and Venues (How old do you have to be to enter a dispensary or smoke shop? Include Federal Law and State Law)
    • Florida Statutes § 381.986 (Medical Use of Marijuana)
    • Controlled Substances Act
    • Federal Law:
      • Under federal law, cannabis remains classified as a Schedule I controlled substance under the Controlled Substances Act (CSA). 
      • The possession, sale, or use of cannabis is illegal at the federal level, even in states where it has been legalized.
    • Florida State Law:
      • Florida permits medical cannabis under the Compassionate Medical Cannabis Act of 2014 and Amendment 2 (2016).
      • To enter a licensed medical cannabis dispensary, individuals must:
        • Be 21 years old OR
        • Be a qualified medical cannabis patient (under 21 only with parental/guardian consent and a valid medical marijuana card).
      • Smoke shops that sell cannabis paraphernalia (e.g., bongs, pipes) require customers to be 18 years old to enter, as they do not sell cannabis directly.
  • Age permitted to use Cannabis
    • Florida Statutes § 381.986
    • Recreational cannabis use is illegal in Florida.
    • Medical cannabis use is permitted for qualified patients who:
      • Are 18 years old or older, 
      • Are minors with parental/guardian consent and a valid medical marijuana recommendation from a licensed physician.
  • Age permitted to sell Cannabis
  • Age permitted to purchase Cannabis
    • Florida Statutes § 381.986
    • Recreational cannabis purchases are illegal in Florida.
    • Medical cannabis purchases are permitted for qualified patients who:
      • Are 18 years old or older, OR
      • Are minors with parental/guardian consent and a valid medical marijuana card.
    • Purchases must be made from licensed medical cannabis dispensaries.
  • What is the consumable limit (if any)
    • Florida Statutes § 381.986
    • Medical cannabis patients are subject to the following consumption limits:
    • Smoking Cannabis:
      • Patients may possess up to 2.5 ounces of smokable cannabis every 35 days.
    • Non-Smokable Forms (e.g., oils, edibles, capsules):
      • There is no specific weight limit for non-smokable forms, but the amount must align with the dosage recommended by the prescribing physician.
    • Recreational cannabis consumption is illegal in Florida.
  • What is the purchase limit (if any)
    • Florida Statutes § 381.986
    • Medical cannabis patients are subject to the following purchase limits:
      • Smokable Cannabis:
        • Patients may purchase up to 2.5 ounces of cannabis flower every 35 days.
      • Other Cannabis Products (e.g., oils, edibles, capsules):
        • Purchase limits depend on the physician’s recommendation and the patient’s approved treatment plan.
    • Recreational cannabis purchases are illegal in Florida.
  • Can minors obtain medical cannabis with a prescription?
    • Florida Statutes § 381.986
    • Minors under 18 years old can obtain medical cannabis in Florida under the following conditions:
      • The minor must be diagnosed with a qualifying medical condition (e.g., cancer, epilepsy, chronic pain).
      • The minor must have a recommendation from a licensed physician certified to prescribe medical cannabis.
    • The minor’s parent or legal guardian must:
      • Consent to the treatment.
      • Act as the minor’s caregiver and assist with obtaining and administering the cannabis.
      • For smokable cannabis, a second physician must concur with the recommendation.

Adult Media

  • Age permitted to access Adult Content ONLINE
    • Title 18 U.S.C. § 1470
    • Florida Statutes § 847.0133
    • Federal Law:
      • There is no specific federal law that sets a minimum age to access adult content online.
      • Under Title 18 U.S.C. § 1470, it is illegal to distribute obscene materials to minors under 18.
      • The Children’s Online Privacy Protection Act (COPPA) requires online platforms to protect children under 13 by obtaining parental consent before collecting personal information but does not directly regulate access to adult content.
    • Florida State Law:
      • Florida law prohibits the distribution of obscene material to minors under 18 years old.
      • Accessing adult content online is restricted to individuals 18 years or older, in line with federal standards.
  • Age permitted to access Adult Retailers and Venues (Sex shops, Strip Clubs, burlesque)
    • Florida Statutes § 847.001
    • Florida Statutes § 562.11
    • Individuals must be at least 18 years old to enter adult retailers such as sex shops.
    • For venues like strip clubs or burlesque shows where alcohol is served, individuals must be at least 21 years old due to Florida’s minimum drinking age.
    • Some clubs may allow entry to individuals aged 18-20 if alcohol is not served, but this depends on local ordinances and venue policies.
  • Are websites required to verify age for accessing adult content?
    • Title 18 U.S.C. § 2257
    • Florida Statutes § 847.0133
    • Federal Law:
      • Federal law does not explicitly require websites to verify the age of users accessing adult content.
      • Under Title 18 U.S.C. § 2257 (Record-Keeping Requirements for Producers of Sexually Explicit Content), adult content producers are required to verify the age of performers to ensure they are over 18.
      • Many websites voluntarily implement age verification methods (e.g., self-certification or ID checks) to prevent minors from accessing adult content and to comply with state laws.
    • Florida State Law:
      • Florida does not have specific laws requiring websites to verify user age for accessing adult content.
      • Distributing obscene material to minors is prohibited, and failure to implement safeguards could expose providers to liability.
  • What penalties exist for providing minors access to adult material online?
    • Title 18 U.S.C. § 1470
    • Florida Statutes § 847.0133
    • Federal Law:
      • Title 18 Section 1470 Federal laws prohibit the distribution of obscene materials to minors. Violations can result in significant fines and imprisonment.
      •  It is a federal crime to knowingly transfer or distribute obscene material to minors under 18. Penalties include:
        • Fines: Up to $250,000.
        • Imprisonment: Up to 10 years.
    • Florida State Law:
      • Florida law prohibits the distribution of obscene material to minors under 18 years old. Penalties include:
        • First-Degree Misdemeanor: Up to 1 year in jail and/or a fine of up to $1,000 for the first offense.
        • Third-Degree Felony: Up to 5 years in prison and/or a fine of up to $5,000 for repeat offenses.
  • What is the minimum age to work in the adult entertainment industry?
    • Title 18 U.S.C. § 2257
    • Florida Statutes § 847.0135
    • Federal Law:
      • Individuals must be at least 18 years old to work in the adult entertainment industry, including as performers in sexually explicit content.
    • Florida State Law:
      • Florida aligns with federal law, requiring individuals to be 18 years old to work in the adult entertainment industry.
      • Employers are required to verify the age of employees and performers by reviewing valid government-issued identification.
  • Are there restrictions on employment terms for adult content creators?
    • Title 18 U.S.C. § 2257
    • Title 18 U.S.C. § 1591
    • Florida Statutes § 787.06 (Human Trafficking)
    • Federal Law:
      • Under Title 18 U.S.C. § 2257, employers and producers in the adult entertainment industry must maintain detailed records to verify that performers are at least 18 years old.
      • The Fair Labor Standards Act (FLSA applies to adult content creators, meaning employers must comply with wage, hour, and workplace safety laws.
      • Coercion, trafficking, or exploitation of individuals in the adult entertainment industry is prohibited under Title 18 U.S.C. § 1591 (Trafficking Victims Protection Act).
    • Florida State Law:
      • Florida law prohibits the coercion or exploitation of individuals in the adult entertainment industry.
      • Employers must comply with general labor laws, including ensuring that employment is voluntary and free from coercion.
      • Florida also prohibits the production or distribution of obscene content involving minors under 18 years old, with severe penalties for violations.

Voting

  • Age permitted to register to vote in the state
    • Florida Statutes § 97.041
    • National Voter Registration Act of 1993
    • Federal Law:
    • Florida State Law:
      • Individuals may pre-register to vote in Florida at 16 years old but they cannot vote until they turn 18 years old.
    • To register to vote, individuals must:
      • Be a U.S. citizen.
      • Be a legal resident of Florida and the county where registration is submitted.
      • Not be currently serving a felony sentence or have been declared mentally incapacitated with respect to voting rights (unless rights have been restored).
  • Age permitted to vote in the state
    • Florida Statutes § 97.041
    • Individuals must be at least 18 years old on or before Election Day to vote in Florida.
    • Pre-registered individuals who turn 18 by Election Day are automatically eligible to vote.
  • What Identification requirements are needed to vote on a regular ballot
    • Florida Statutes§ 101.043
    • Florida requires voters to present a valid photo ID with a signature to vote on a regular ballot. Acceptable forms of identification include:
      • Florida driver’s license.
      • Florida ID card issued by the Department of Highway Safety and Motor Vehicles.
      • U.S. passport.
      • Debit or credit card with photo.
      • Military ID.
      • Student ID.
      • Retirement center ID.
      • Neighborhood association ID.
      • Public assistance ID.
      • Concealed weapon or firearm license.
      • Veteran health ID issued by the U.S. Department of Veterans Affairs.
      • If the photo ID does not include a signature, voters may present a second form of ID with a signature.
  • What Identification requirements are needed to vote on a Provisional ballot
    • Florida Statutes § 101.048
    • If a voter does not provide the required photo ID at the polling place, they may vote using a provisional ballot.
    • The voter must provide acceptable identification to the county Supervisor of Elections office by 5:00 PM on the second day after the election for the provisional ballot to be counted.
    • If the voter’s eligibility cannot be verified, the county canvassing board will determine whether the provisional ballot will be counted.
  • Voter Restrictions/ Requirements in place federally and within the state.
    • Florida Statutes § 97.041
    • Florida Statutes § 98.0751
    • Voting Rights Act of 1965
    • Help America Vote (HAVA)
    • Federal Law:
      • Under the Voting Rights Act of 1965, voter discrimination based on race, color, or language minority status is prohibited.
      • States must ensure equal access to voting for all eligible citizens.
      • The Help America Vote Act of 2002 (HAVA) requires first-time voters who registered by mail and did not provide ID to present identification when voting in federal elections.
    • Florida State Law:
      • Felony Convictions:
        • Individuals convicted of a felony may not vote until their voting rights are restored.
        • Under Amendment 4 (2018) to the Florida Constitution, most individuals with felony convictions regain the right to vote after completing their sentence, including parole or probation.
        • Those convicted of murder or a felony sexual offense must apply for clemency to restore their rights.
    • Mental Incapacity:
      • Individuals declared mentally incapacitated with respect to voting rights by a court are ineligible to vote unless their rights are restored.
    • Voter Registration Deadlines:
      • Voter registration closes 29 days before an election in Florida.

Legal

  • Laws on Presenting Identification to Law Enforcement
    • Under what circumstances is a person required to show ID to police?
      • Terry v. Ohio, 392 US
        • When an officer has reasonable suspicion that the person is involved in a crime
      • Florida Statutes § 856.021
      • Federal Law (Terry v. Ohio, 392 U.S. 1 (1968)):
        • Under the landmark case Terry v. Ohio, police officers may stop and briefly detain a person if they have reasonable suspicion that the person is involved in criminal activity.
        • During such a stop, officers may ask for identification.
          • Whether a person is legally required to provide ID depends on state law.
      • Florida State Law:
        • Florida does not have a general “Stop and Identify” law, meaning that individuals are not required to show ID to police unless:
          • They are lawfully detained based on reasonable suspicion of a crime.
          • They are operating a motor vehicle (see Traffic Stops below).
          • They are suspected of loitering and prowling under Florida Statutes § 856.021.
    • Can you be detained or arrested for refusing to show ID?
      • Florida Statutes § 856.021
      • If you are lawfully detained and refuse to provide your name or identification, you may be arrested if the officer has reasonable suspicion of criminal activity.
        • For example, under Florida’s loitering and prowling statute (§ 856.021), failure to provide ID or explain your presence may result in arrest.
      • If you are not lawfully detained, refusal to show ID cannot result in lawful arrest.
  • “Stop and Identify” Laws in this state
    • What is this state’s specific laws regarding police stops and ID requirements?
      • Florida Statutes § 856.021
      • Florida does not have a general “Stop and Identify” law like some other states.
      • Under specific circumstances, such as loitering and prowling or traffic stops, individuals may be required to provide identification.
    • Do you have the right to remain silent or refuse to provide ID in certain situations?
      • Fifth Amendment – US Constitution
      • Florida Statutes § 856.021
      • Right to Remain Silent:
        • Under the Fifth Amendment of the U.S. Constitution, you have the right to remain silent and not answer questions from law enforcement.
        • This includes refusing to provide information about your activities or background.
      • Refusal to Provide ID:
        • In Florida, you can refuse to provide ID unless:
          • You are driving a vehicle.
          • You are lawfully detained under reasonable suspicion of a crime.
          • You are suspected of loitering and prowling (§ 856.021).
  • Public Place ID Requirements
    • Are there any public areas where a person must carry ID?
      • Florida Statutes § 856.021
      • There are no general laws in Florida requiring individuals to carry or present ID in public places.
      • If an officer has reasonable suspicion of loitering, prowling, or another criminal activity, they may request identification.
    • Are there curfew or loitering laws requiring ID verification?
      • Florida Statutes § 856.021
      • Curfew Laws for Minors:
        • Many local jurisdictions in Florida impose curfews for minors (typically under 16 or 17 years old).
        • Minors may be required to provide ID to verify their age if stopped during curfew hours.
      • Loitering and Prowling:
        • Under Florida Statutes § 856.021, police may request identification from individuals suspected of loitering or prowling.
        • Failure to provide ID or explain one’s presence may result in arrest.
  • Traffic Stops and ID Requirements
    • Are you required to provide an ID when pulled over by law enforcement?
      • Florida Statutes § 322.15
      • Driver Requirements:
        • Florida law requires drivers to present a valid driver’s license during a traffic stop.
        • Failure to do so may result in a citation or arrest.
    • What are the consequences of refusing to show ID during a traffic stop?
      • Florida Statutes § 322.15
      • Consequences of Refusing to Show ID:
        • Refusing to show your driver’s license during a traffic stop is a second-degree misdemeanor under Florida Statutes § 322.15
        • punishable by up to 60 days in jail 
        • and/or a fine of up to $500.
  • Passenger ID Requirements in Vehicles
    • Do passengers need to show ID if a vehicle is stopped by law enforcement?
      • Florida Statutes § 901.151 (Stop and Frisk Law)
      • Passengers are generally not required to show ID during a traffic stop unless:
        • The officer has reasonable suspicion that the passenger is involved in criminal activity.
        • The passenger is being detained or arrested.
    • Can passengers legally refuse to provide ID?
      • Passengers can legally refuse to provide ID if they are not being lawfully detained.
      • Refusal may escalate the situation or lead to further questioning.
  • Curfew Laws for Minors
    • Are minors required to carry ID to prove their age if stopped past curfew?
      • Minors are not explicitly required to carry ID, but if stopped during curfew hours, they may need to provide proof of age to law enforcement
    • What are the penalties for violating curfew laws?
      • Penalties vary by local jurisdiction but may include:
        • A warning or citation.
        • Fines or community service.
        • Notification of parents/guardians.
  • Trespassing and ID Requirements
    • Florida Statutes § 810.09 (Trespass on Property)
    • Can police demand ID if someone is suspected of trespassing?
      • Yes, if an officer has reasonable suspicion that someone is trespassing, they may request identification to confirm the individual’s identity and determine whether they have permission to be on the property.
    • What are the consequences of refusing to provide identification in such situations?
      • Refusing to provide ID when lawfully detained for trespassing may result in arrest for obstruction of justice or failure to comply with a lawful order.