Arrestable Offenses / Crimes under Fla. Stat. 562.11
S562.11 1 - LIQUOR - RENUMBERED. SEE REC #7046 - F: T
S562.11 1 - LIQUOR - RENUMBERED. SEE REC #7047 - M: S
S562.11 1a - LIQUOR - RENUMBERED. SEE REC # 8517 - M: F
S562.11 1a - LIQUOR - RENUMBERED. SEE REC # 8516 - M: S
S562.11 1a1 - LIQUOR - RENUMBERED. SEE REC # 8770 - M: S
S562.11 1a1 - LIQUOR - RENUMBERED. SEE REC # 8771 - M: F
CopyCited 132 times | Published | Supreme Court of Florida | 1979 Fla. LEXIS 4604
...Generally, in American jurisdictions the respective legal duties and potential liabilities vary according to that distinction. See 45 Am.Jur.2d Intoxicating Liquors, Section 587 (1960). In Florida, even without a "dram shop act", sale of alcohol to a minor is a violation of statute and is negligence per se. Section 562.11, Florida Statutes (1977); Davis v....
CopyCited 34 times | Published | Supreme Court of Florida | 55 U.S.L.W. 2679
...ages to minors. See, e.g., Sutter v. Hutchings, 254 Ga. 194, 327 S.E.2d 716 (1985); Koback v. Crook, 123 Wis.2d 259, 366 N.W.2d 857 (1985). Defendants assert that section
768.125 is ambiguous in light of the construction placed on a similar statute, section
562.11(1)(a), Florida Statutes (1973), by the First District Court of Appeal in Bryant v. Pistulka,
366 So.2d 479 (Fla. 1st DCA 1979), and the Fourth District Court of Appeal in United Services Automobile Association v. Butler,
359 So.2d 498 (Fla. 4th DCA 1978). Section
562.11(1), Florida Statutes (1973), begins: It is unlawful for any person to sell, give, serve, or permit to be served alcoholic beverages to persons under twenty-one years of age or to permit a person under twenty-one years of age to consume said beverages on the licensed premises. Despite the use of the broad term such as "person" and "give," the courts in both Bryant and Butler held that section
562.11 only applies to licensed vendors of alcoholic beverages. Nevertheless, Bryant and Butler are entirely consistent with my views today that liability under section
768.125 extends to social hosts as well as vendors of alcoholic beverages. The holding in Butler was premised on the fact that section
562.11 makes specific reference to "licensed premises."
359 So.2d at 500. Section
768.125 makes no such reference. Further, the finding that section
562.11 applies only to vendors is quite logical considering its placement in chapter 562 which pertains to beverage law enforcement....
...1984), require us to limit liability to tavern owners who serve alcoholic beverages to minors. In Migliore, we discussed and approved of our prior holding in Davis v. Shiappacossee,
155 So.2d 365 (Fla. 1963), that the minor to whom a vendor illegally sells alcoholic beverages under section
562.11 may maintain a cause of action against the vendor for injuries resulting therefrom....
...On the precise issue before the Court in Migliore, we adopted the Second District Court of Appeal's holding in Prevatt v. McClennan,
201 So.2d 780 (Fla. 2d DCA 1967), and found that a vendor who sells alcoholic beverages to a minor in violation of section
562.11 may be liable to third persons injured by the minor's operation of a motor vehicle....
...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....
...Further, a social host who serves alcoholic beverages to a person under eighteen years of age may be guilty of contributing to the delinquency of a minor as set forth in section
827.04(3), Florida Statutes (1983). In Migliore, we held that violation of section
562.11, the statute creating vendor liability for injuries resulting from the illegal sale of alcoholic beverages to minors, constitutes negligence per se. We also held that persons killed or injured by the actions of the intoxicated minor were within the class of people the legislature intended to protect by enacting section
562.11, and could therefore maintain a cause of action against the tavern owner who supplied the alcohol....
...With the exception of the requirement that a person furnishing alcoholic beverages under section
768.125 do so willfully before liability attaches, all of the general principles of law found applicable to a cause of action against a tavern owner under section
562.11 apply to social hosts under section
768.125....
CopyCited 28 times | Published | Florida 1st District Court of Appeal
...um; Bryant became intoxicated to the extent he was "caused to fall, jump or dive, or was pushed or shoved by others of the intoxicated minor initiates, so that he sustained severe *544 injuries resulting in a permanent paralysis from the neck down." Section 562.11, Florida Statutes, which makes it a crime to sell intoxicating liquors to a minor, was passed to prevent the harm that can be caused by one of immaturity imbibing such liquors....
CopyCited 24 times | Published | Supreme Court of Florida | 1988 WL 110770
...adults capable of exercising judgment or discretion. For example, an unmarried seventeen-year-old such as appellant cannot vote, §
97.041, Fla. Stat. (1987), serve on a jury, §
40.01, Fla. Stat. (1987), or purchase or possess alcoholic beverages, §
562.11, Fla....
CopyCited 21 times | Published | Supreme Court of Florida | 1984 Fla. LEXIS 2728
...4th DCA 1982), which directly and expressly conflicts with Prevatt v. McClennan,
201 So.2d 780 (Fla. 2d DCA 1967). The issue before us is whether, prior to the effective date of section
768.125, Florida Statutes (1981), [*] a vendor who sells intoxicating beverages to a minor contrary to section
562.11, Florida Statutes (Supp....
...se of the automobile accident. The trial court granted this motion and entered summary judgment in favor of Crown Liquors. Migliore appealed to the Fourth District. The Fourth District affirmed the summary judgment and agreed with Crown Liquors that section 562.11 does not extend liability to injured third parties....
...o within the class of persons to be protected by this legislation. The Florida Legislature, within two years after the twenty-first amendment repealing prohibition was ratified, enacted chapter 16774, section 11, Laws of Florida (1935), which is now section 562.11, making it a crime to sell intoxicants to minors....
...Because of this factor, it was not necessary for this Court to define the entire class of persons which this statute was designed to protect against the risk of harm that results from selling intoxicating beverages to a minor. This Court thus did not expressly address the issue of whether violation of section 562.11 gives rise to a cause of action in favor of a third party against a vendor who illegally sells alcoholic beverages to a minor who becomes intoxicated and injures the third party....
...Providing alcoholic beverages to minors involves the obvious foreseeable risk of the minor's intoxication and injury to himself or a third person. The First District in Bryant v. Jax Liquors,
352 So.2d 542 (Fla. 1st DCA 1977), cert. denied,
365 So.2d 710 (Fla. 1978), reiterated the principle announced by Prevatt that section
562.11 was passed to prevent the harm that can be caused by one of immaturity imbibing liquor....
...Gate Petroleum Co.,
401 So.2d 922 (Fla. 5th DCA 1981), recognized Prevatt as applying and extending Davis v. Shiappacossee to allow recovery to a third party injured as the result of actions of minors who had consumed alcoholic beverages sold in violation of section
562.11....
CopyCited 20 times | Published | Supreme Court of Florida | 1999 WL 506966
...adults capable of exercising judgment or discretion. For example, an unmarried seventeen-year-old such as appellant cannot vote, §
97.041, Fla. Stat. (1987), serve on a jury, §
40.01, Fla. Stat. (1987), or purchase or possess alcoholic beverages, §
562.11, Fla....
CopyCited 16 times | Published | Florida 5th District Court of Appeal
...Upon return to the campsite the youth holding the shotgun stumbled because of his unsteadiness caused by drinking beer and the shotgun discharged, injuring the plaintiff. The plaintiff's cause of action was based on the violation of law by defendant in selling beer to the 13 year-old girl contrary to Section 562.11, Florida Statutes (1975)....
CopyCited 15 times | Published | District Court, M.D. Florida | 2002 U.S. Dist. LEXIS 24111, 2002 WL 31940726
...§
743.064 (delineating framework for giving emergency medical care or treatment to minors without parental consent); See also Fla. Stat. §
743.0645 (listing persons who may consent to the medical care or treatment of a minor). [58] See Fla. Stat. §
562.11....
CopyCited 13 times | Published | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 619, 1991 Fla. LEXIS 1625, 1991 WL 183088
...sale of alcohol. There are two separate criminal offenses for a sale to a minor and a sale to an alcoholic. Regarding sales to a minor, section
768.125 uses the terms willfully and unlawfully. The criminal offense for sales to minors is set forth in section
562.11(1)(a), Florida Statutes (1987), which reads, in pertinent part, as follows: "It is unlawful for *1048 any person to sell, give, serve, or permit to be served alcoholic beverages to a person under 21 years of age or to permit a person under 21 years of age to consume such beverages on the licensed premises." We find that the legislature's use, in section
768.125, of the term unlawfully requires that the plaintiff must establish each of the elements of the criminal offense in section
562.11(1)(a) to prevail in a civil action....
CopyCited 12 times | Published | Florida 4th District Court of Appeal
...The trial court dismissed the third party complaint with prejudice and this appeal ensued. In their third party complaint appellants alleged that the Robars knew or should have known David was a minor, yet they served him alcoholic beverages in violation of Section 562.11, Florida Statutes (1973); that the Robars knew or should have known David arrived at their home by automobile and that he would leave driving an automobile; that the Robars breached their duty to the public by providing alcoholic bever...
...come intoxicated and drive on the public streets; and that the Robars' negligence was the proximate cause of Butler's death. Appellants contend their third party complaint stated a cause of action against the Robars arising out of their violation of Section 562.11, Florida Statutes (1973), and the Robars' negligence regardless of the statute in serving alcoholic beverages to a minor knowing he might become intoxicated and drive on the public highway....
...[3] In the main, these acts have been interpreted as fixing liability only on those who are in the business of dispensing intoxicants as opposed to private persons serving intoxicants socially. [4] The applicable Florida Statute prohibiting the dispensation of alcoholic beverages to minors provides in pertinent part: "562.11 Selling, giving or serving alcoholic beverages to minors prohibited....
...The language of the above quoted statute sounds all inclusive and yet most courts which have treated the question have interpreted similar language to be restricted to persons associated with a business establishment [5] dispersing alcoholic beverages. Additionally, there are several other reasons Section 562.11(1), Florida Statutes (1973) does not apply to social hosts. First, the phrase "or to permit a person under twenty-one years of age to consume said beverage on the licensed premises" suggests that the Legislature intended the prohibition to apply only to business establishments. Secondly, Section 562.11(2), Florida Statutes (1973), provides: "(2) It is unlawful for any person to misrepresent or misstate his age or the age of any other person for the purpose of inducing any licensee or his agents or employees to sell, give, serve, or deliver any alcoholic beverages to a person under twenty-one years of age......
...s to follow. We prefer this point of view. Judicial restraint is a worthwhile practice when the proposed new doctrine may have implications far beyond the perception of the court asked to declare it." Id. at 359. Accordingly, we decline to hold that Section 562.11, Florida Statutes (1973) creates a cause of action against a social host for injuries sustained by one injured as a result of a host's dispensing alcoholic beverages to a minor....
CopyCited 11 times | Published | Florida 1st District Court of Appeal
...Plaintiff argues that the classificatory scheme created by the legislature in section
768.125 denies her equal protection of the laws, as unreasonably discriminating between adult and minor imbibers of intoxicants. In response, defendants contend that section
562.11, which makes it unlawful to furnish alcoholic beverages to a minor, is actually the statute that sets forth the classificatory scheme, and that section
768.125 essentially restates the common law rule of non-liability already recognized in Florida....
CopyCited 9 times | Published | Supreme Court of Florida | 1950 Fla. LEXIS 1432
...Beach, that the main feature of the bar is an elaborate and exclusive cocktail lounge, dining room and patio which cater to an exclusive patronage, that it is conducted in an approved and systematic way and is patronized by highly respected people. Section 562.11, F.S.A....
CopyCited 8 times | Published | Supreme Court of Florida
...2d DCA 1983), wherein that court has certified the following question as being of great public importance: Does a third party have a cause of action against the dispenser of alcoholic beverages for injuries caused by a minor when the alcoholic beverages were furnished in violation of section
562.11(1)(a), Florida Statutes (1981), notwithstanding the enactment of section
768.125, Florida Statutes (1981)? The district court held that section
768.125, Florida Statutes (1981), in effect at the time of the accident involved in this ca...
...In our recent decisions of Migliore and Barber, we held that prior to the effective date of section
768.125, a third party who could establish proximate causation for his injuries did have a cause of action against the person who furnished alcoholic beverages to a minor in violation of section
562.11....
CopyCited 8 times | Published | Supreme Court of Florida | 42 A.L.R. 4th 579
...Although the specific issue may be of first impression in Florida, this Court recently recognized liability to third parties in a somewhat analogous situation. In Migliore v. Crown Liquors, Inc.,
448 So.2d 978 (1984), this Court found that a vendor who sells intoxicating beverages to a minor contrary to section
562.11, Florida Statutes (Supp....
CopyCited 8 times | Published | District Court of Appeal of Florida
...As the record now stands, this court is unable to determine from an examination of the findings made by the director whether he did consider the evidence in this light. The order under review contains only a finding that a sale of beer was made to named minors in violation of Section 562.11, Florida Statutes [F.S.A.]....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 13 Fla. L. Weekly 2313, 1988 Fla. App. LEXIS 4517, 1988 WL 103905
...Appellant was a passenger in a car driven by a juvenile who had illegally purchased and consumed rum from appellee. The jury found that appellee was forty-three percent responsible for damages because it sold the rum to the juvenile driver in violation of section 562.11....
...1987); Collins v. School Board of Broward County,
471 So.2d 560 (Fla. 4th DCA 1985). Another issue on appeal involves the court having given an instruction regarding appellant's comparative negligence and having submitted that issue to the jury. The dram shop act, section
562.11 mentioned above, is meant to protect a class of persons, primarily juveniles who would buy alcoholic drinks....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1996 WL 604177
...er testified he worked for J.C. Penney. The jury awarded a total of $600,000 in damages against Tobias, $150,000 of which represented net accumulations of the decedent's estate. The jury also found the lounge was entitled to a complete defense under section 562.11(b), Florida Statutes (1995), and thus declined to assess damages against the lounge....
...However, with regard to the rest of the damages award, we affirm. We turn now to Osorio's cross-appeal against the lounge. Osorio claims that the lounge was not entitled to a receive a jury instruction that delineated a complete defense to liability for drinking establishments. See § 562.11(b), Fla....
...s. Tobias, however, testified that she became intoxicated at the lounge that evening, and the lounge had failed to check for her identification before serving her alcohol. At the close of evidence, the lounge requested a jury instruction pursuant to section 562.11(b). Under section 562.11(b), a drinking establishment that serves alcohol to a minor has a complete defense against civil liability if (1) the minor falsely evidenced he or she was of legal drinking age, (2) the establishment carefully checked the minor's iden...
...of such minor. Pursuant to this instruction, the jury found the lounge did not willfully and unlawfully furnish alcoholic to Tobias and returned a verdict in favor of the lounge. Here, in order for the lounge to have been entitled to a defense under section
562.11(b), it must have presented this defense by either motion or responsive pleading and proven each of the statutory elements. See Fla. R. Civ. P. 1.140(b), (h); Sanford v. A.P. Clark Motors, Inc.,
45 So.2d 185 (Fla. 1950); Robbins v. Webb's Cut Rate Drug Co.,
153 Fla. 822,
16 So.2d 121 (1943). Yet, the lounge did neither. Further, only where all three requirements under section
562.11(b) are shown may an establishment be entitled to a complete defense against civil liability resulting from an injury subsequently caused by the minor. See §
562.11(b). The lounge's defense strategy that Tobias did not visit the lounge before her accident, and the evidence it presented to the jury in support of this strategy, had nothing to do with section
562.11(b)'s requirements....
...On the other hand, Tobias testified that not only was she at the lounge before the accident, but the lounge failed to check her identification before serving her alcohol. Because the lounge did nothing to rebut this testimony and thus carry its burden of proof with regard to a defense under section
562.11(b), it was not entitled to claim section
562.11(b) as a defense. See Sanford,
45 So.2d at 185. Therefore, the trial court should not have instructed the jury on the section
562.11(b) defense....
...Curtis,
630 So.2d 1060 (Fla.), cert. denied, ___ U.S. ___,
115 S.Ct. 141,
130 L.Ed.2d 82 (1994); Youngentob v. Allstate Ins. Co.,
519 So.2d 636 (Fla. 4th DCA 1987). We should also note that the phrasing of the instruction, as given, was misleading and seemingly contradictory to section
562.11(b)'s requirements....
...ete defense was available if an establishment served alcohol *909 to a minor who was of legal drinking age. By definition, however, a minor is never of legal drinking age. Therefore, we caution that if, on remand, the lounge presents the elements of section 562.11(b)'s defense and otherwise becomes entitled to a section 562.11(b) jury instruction, then the given instruction must remain true to the statutory elements and free of confusing and conflicting language....
...and for an offer of remittitur, with instructions that if the remittitur is refused, a new trial on damages be held. In all other aspects on direct appeal, we affirm. On cross-appeal, we find that the trial court erred in instructing the jury on the section 562.11(b) defense because the lounge failed to present any evidence of the statutory requirements at trial....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1992 WL 110917
...On February 13, 1990, the Division issued Pic N' Save a Notice to Show Cause at an informal conference why its beverage license should not be revoked or suspended and administrative penalties imposed based on the three illegal sales to minors by its employees, in violation of section 562.11(1)(a), Florida Statutes (1989)....
...[The Division] has clearly shown, by competent evidence, that on September 20, 1989, October 18, 1989 and February 2, 1990, three different employees of [Pic N' Save] did sell alcoholic beverages on the licensed premises to a person under the age of 21, in violation of section 562.11, Florida Statutes, as alleged in the Notice to Show Cause....
...type of risk, and harm to the interest sought to be protected results from an unexcused breach of that standard of conduct, the violation of such standard constitutes negligence per se. While the statute Pic N' Save allegedly violated in this case, section 562.11, Florida Statutes, is the same statute that was involved in Davis, this case is not a civil negligence action for personal injury damages resulting from harm caused by the alleged illegal sales; the principles of respondeat superior ap...
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1995 WL 385375
...ree counts. Count I was directed at Steven Austin and Anthony Brewer, the driver and owner of the truck, respectively; Count II alleged that Publix willfully and unlawfully sold alcohol to Austin on the date of the collision in violation of sections
562.11 and
768.125, Florida Statutes, [1] resulting in Wurtz's injuries; and Count III alleged that Publix was negligent in the training, instructing and supervising of its employees, said negligence leading to Wurtz's injuries....
...of Tampa, Inc.,
586 So.2d 1042, 1044 (Fla. 1991). The common law view was modified in Florida in 1963 by the decision in Davis v. Shiappacossee,
155 So.2d 365 (Fla. 1963), wherein the Florida Supreme Court held that violation of the statute prohibiting the sale of alcohol to minors ( see section
562.11) could give rise to civil liability....
...s" in this case, the judgment entered against Austin should reflect the entire jury verdict. [3] REVERSED and REMANDED for entry of judgment for Publix and against Austin in accordance with this opinion. W. SHARP and THOMPSON, JJ., concur. NOTES [1] Section 562.11, Florida Statutes, (1991), provides in pertinent part: 562.11 Selling, giving, or serving alcoholic beverages to person under age 21; misrepresenting or misstating age or age of another to induce licensee to serve alcoholic beverages to person under 21; penalties....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1981 Fla. App. LEXIS 20675
...The two minors consumed the beer before reaching Daytona Beach where Evans, driving the truck on the beach, ran over and injured the appellant, Timothy J. Burson, who sued Gate and Gate's insurer, Aetna Insurer Company, on the theory that Gate, in making the beer sale to Mott, violated section 562.11, Florida Statutes (1979), which violation constituted negligence per se....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2008 WL 53616
...as very near its end. At the time of the hearing she was just four months shy of her eighteenth birthday, an age at which she may engage in virtually all lawful activities other than drinking alcohol or serving as president of the United States. See § 562.11, Fla....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1990 WL 48621
...party complaint. She urges us to reverse, first of all, because the class of persons to be protected under section
562.50 includes the habitual drunkard himself as well as those he consequently injures. This is analogous to the protected class under section
562.11 in the case of minors and third persons whom a minor injures....
...Gracewood Fruit Co.,
559 So.2d 217 (Fla. 1990); Bankston,
507 So.2d at 1387; Migliore,
448 So.2d at 980. In the related context of illegal service to minors we have applied this dichotomy of cause-of-action/no-cause-of-action which characterizes the relationship between sections
562.11 and
768.125....
...Drinks on the Beach, Inc.,
457 So.2d 519 (Fla. 2d DCA 1984). Puglia was a case of a one-car accident which caused injuries to the minor driver who had been illegally served alcohol. The injured minor's first party complaint contained two counts: Count I was based on section
562.11 and count II on section
768.125....
...sequently injured themselves, id., and to others whom the intoxicated minor injured, Prevatt v. McClennan. See Migliore,
448 So.2d at 980. The creation of any new cause of action, nonexistent at common law, thus occurred in the enactment of sections
562.11 and
562.50....
...imited by the enactment of section
768.125. Bankston,
507 So.2d at 1386 citing Migliore,
448 So.2d at 981. [2] As the evolution of the law of liquor vendor liability presently stands in Florida, the liability and causes of action founded on sections
562.11 and
562.50 (initially only criminal liability expanded by case law also *1213 to mean civil liability) is now constricted by section
768.125....
CopyCited 4 times | Published | District Court, M.D. Florida | 1997 U.S. Dist. LEXIS 18526, 1997 WL 691062
...Defendant's Motion to Strike Compensatory and Punitive Damages is therefore granted. IV. Conclusion Accordingly, it is ORDERED AND ADJUDGED that: (a) Defendant's Motion for Summary Judgment (Doc. No. 41) is DENIED. (b) Defendant's Motion to Strike Compensatory and Punitive Damages (Doc. No. 38) is GRANTED. NOTES [1] Section 562.11, Florida Statutes (1995), prohibits the sale of alcoholic beverages to anyone under 21 years of age....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 2452
...Morgan,
436 So.2d 1116 (Fla. 5th DCA 1983). Appellant's complaint contains the conclusory allegations that appellee willfully and unlawfully sold the alcoholic beverages to the plaintiff. These allegations, standing alone, would not support a cause of action under sections
562.11 and
768.125, Florida Statutes (1985). Section
562.11, Florida Statutes (1985) provides: (1)(a) It is unlawful for any person to sell, give, serve, or permit to be served alcoholic beverages to a person under 21 years of age ......
...a person who is not of lawful drinking age or who knowingly serves a person habitually addicted to the use of any or all alcoholic beverages may become liable for injury or damage caused by or resulting from the intoxication of such minor or person. Section 562.11(b) expressly provides that a licensee who sells alcoholic beverages to a person under the age of twenty-one has a complete defense to a civil action if the person falsely evidenced that he was of legal age and the appearance of the per...
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1990 WL 59231
...of the case, as well as the need to protect the underaged citizens of this state from the evils of alcohol abuse, it is the opinion of the Director that a three day suspension is insufficient to convey to the licensee the serious nature of violating section 562.11, Florida Statutes....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...Appellant alleged that the appellee, through its agents and employees, served alcoholic beverages to the appellant as a business invitee. Appellant alleged that he was at that time eighteen years of age and was served the alcoholic beverages in violation of section 562.11, Florida Statutes (Supp....
...s in a one-car accident. The trial court granted, with prejudice, the appellee's motion to dismiss count I of the second amended complaint on the grounds that Lawrence Puglia was not a minor and therefore was not a person intended to be protected by section 562.11....
...nt, and we, accordingly, affirm that ruling. See Migliore v. Crown Liquors of Broward, Inc.,
448 So.2d 978 (Fla. 1984); Armstrong v. Munford, Inc.,
451 So.2d 480 (Fla. 1984). The trial court erred, however, in granting the motion to dismiss count I. Section
562.11, which became effective October 1, 1980, provides in pertinent part as follows:
562.11 Selling, giving, or serving alcoholic beverages to persons under age 19 prohibited....
...enacted for the protection of minors. See, e.g., Prevatt v. McClennan,
201 So.2d 780 (Fla. 2d DCA 1967). At the time of those decisions, however, the age of minority was the same as the unlawful drinking age. In 1980 the Florida legislature amended section
562.11 to delete the word minor and substitute the phrase "persons under the age of nineteen" so that the statute now prohibits the selling, giving, or serving of alcoholic beverages to persons under nineteen years of age....
...During the same session, section
743.07, Florida Statutes (Supp. 1980), which had removed the disability of nonage from eighteen year olds, was amended to provide "and except as otherwise provided in the beverage law." We must assume that when the legislature enacted section
562.11, it was acquainted with judicial decisions on the subject, including Prevatt....
...ation, the court may not go outside the statute to give it a different meaning. In Re Levy's Estate,
141 So.2d 803 (Fla. 2d DCA 1962). In view of the plain language of the statute and the legislature's deliberate selection of words, we conclude that section
562.11 provides protection not only to minors but to all persons under the lawful drinking age....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1982 Fla. App. LEXIS 22249
...Duke, Jr., and John R. Hargrove of McCune, Hiaasen, Crum, Ferris & Gardner, P.A., Fort Lauderdale, for appellee. DOWNEY, Judge. The issue presented in this appeal is whether a vendor who sells intoxicating beverages to a minor contrary to the provisions of Section 562.11, Florida Statutes (1981) [1] is liable to third persons injured by the intoxicated minor's operation of a motor vehicle....
...Sometime thereafter, while allegedly intoxicated, Gahring collided with the car in which Migliore was a passenger, injuring Migliore. This suit, filed by Migliore against appellee Crown and others, resulted in a final summary judgment in favor of Crown. Crown contends that the summary judgment was proper because Section 562.11 does not extend liability to injured third parties, and secondly, because the statutory violation complained of was not the proximate cause of Migliore's injuries. Migliore, of course, takes the opposite position on each question. We agree with Crown's contention and hold that a vendor who sells intoxicating beverages to a minor contrary to the provisions of Section 562.11 is not liable to third persons injured by the intoxicated minor's operation of a motor vehicle....
...Shiappacossee,
155 So.2d 365 (Fla. 1963), the common law was modified in Florida in 1935 when the legislature enacted Chapter 16774, Laws of Florida (1935) as part of the beverage law. The section prohibiting the sale of intoxicating beverages to minors, now found in Section
562.11, Florida Statutes *22 (1981), was enacted for the purpose of protecting minors who might become injured as a result of the purchase and consumption of intoxicants....
...Thus, we conclude that the common law was changed by said statute to the extent that minors were protected against the sale of intoxicants. In 1963, the Supreme Court of Florida held in Davis v. Shiappacossee,
155 So.2d at 365, that a violation of Section
562.11 constituted negligence per se and gave rise to a cause of action against the dispenser of intoxicants to a minor who was later killed while driving an automobile. The Court analogized the violation of Section
562.11 protecting minors from the sale of liquor to a violation of the statute prohibiting the sale of guns to minors as found in the case of Tamiami Gun Shop v....
...from injuring themselves with guns in the case of Tamiami and from personal injury as well as the adverse effects on their education in the Tampa Shipbuilding case. Thus, the Shiappacossee court held that the cause of action created by violation of Section 562.11 accrued to the minor who was furnished the intoxicants....
...McClennan,
201 So.2d 780 (Fla.2d DCA 1967), two minors who were imbibing in a tavern got into an argument. One of them pulled a gun and began shooting at the other. The plaintiff was struck by one of the shots and eventually sued the tavern owner. The District Court held that Section
562.11 was passed to "prevent harm that can come or be caused by one of immaturity by imbibing such liquors." (Emphasis added.) Prevatt purports to rely upon Shiappacossee for that extension of liability to third parties....
...However, in our judgment, the Burson court ruled on the question of proximate cause and held that the liquor sale involved was not the proximate cause of the injury. One might argue that the court should respond to the threat of drunken drivers on our highways and extend Section 562.11 to include third persons injured by intoxicated minors....
...In conclusion, we note that the passage of Section
768.125 would have been totally unnecessary to provide third persons a cause of action against dispensers of intoxicants for injuries by intoxicated minors if such a cause of action was already available to them pursuant to Section
562.11. Certainly, no injured third person would proceed under Section
768.125 and assume its more onerous burden of proof if he could sue under Section
562.11....
CopyCited 3 times | Published | Florida 4th District Court of Appeal
...Klein of Stephens, Lynn Chernay & Klein, Miami for appellee-Cumberland Farms Food Stores, Inc. PER CURIAM. Plaintiff's second amended complaint sought to hold a merchant liable for injury or damage caused by an intoxicated minor. The complaint alleged that the merchant sold alcoholic beverages to a minor in violation of section 562.11, Florida Statutes (1981), and that the minor became intoxicated to the extent that his ability to drive a motor vehicle was impaired....
...We affirm the decision of the trial court because of our recent holding in Migliore v. Crown Liquors of Broward, Inc.,
425 So.2d 20 (Fla. 4th DCA 1982). There we said that "a vendor who sells intoxicating beverages to a minor contrary to the provisions of Section
562.11 is not liable to third persons injured by the intoxicated minor's operation of a motor vehicle." By applying this rule to the case at bar, we certify that our decision is in direct conflict with the following decisions of other district courts of appeal: Burson v....
...4, 1980, the effective date of section
768.125, Florida Statutes (1981), did a third party who could establish proximate causation for his injuries, have a cause of action against a person who furnished alcoholic beverages to a minor in violation of section
562.11, Florida Statutes (1981)? BERANEK and HURLEY, JJ., and BURNSTEIN, MIETTE K., Associate Judge, concur.
CopyCited 2 times | Published | Supreme Court of Florida
...80, the effective date of section
768.125, Florida Statutes *831 (1981), did a third party who could establish proximate causation for his injuries, have a cause of action against a person who furnished alcoholic beverages to a minor in violation of section
562.11, Florida Statutes (1981)? The district court answered this question in the negative and affirmed the trial court's dismissal of plaintiff's complaint, reciting its recent decision in Migliore v....
...rior to the effective date of section
768.125, Florida Statutes (1981), a third party who could establish proximate causation for his injuries did have a cause of action against the person who furnished alcoholic beverages to a minor in violation of section
562.11....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2000 WL 799367
...Accordingly, the judgment of conviction and sentence for sexual battery of an incapacitated person are reversed. JUDGMENT and SENTENCE REVERSED. THOMPSON, C.J., HARRIS and PETERSON, JJ., concur. NOTES [1] §
794.011(4)(f), Fla. Stat. (1995). [2] §
800.04(4), Fla. Stat. (1995). [3] §
800.04(1), Fla. Stat. (1995). [4] §
562.11(1)(a), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 11 Fla. L. Weekly 90
...question in the negative, primarily relying on two decisions of the Florida Supreme Court. We also feel ourselves bound by those decisions and, therefore, agree with the trial *247 court and affirm its dismissal of the complaint. An earlier statute, Section 562.11(1), Florida Statutes (1973), provided: It is unlawful for any person to sell, give, serve, or permit to be served alcoholic beverages to persons under twenty-one years of age or to permit a person under twenty-one years of age to consume said beverages on the licensed premises....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2002 WL 1906131
...No procedure, duty or criteria of any kind is specified for determining the existence or validity of a claimed exemption. Other Florida Statutes specifically spell out what is required. See: F.S.
893.02(19) "... pharmacists shall obtain proof ... of the validity of said prescription." F.S.
562.11(1)(b) listing forms of identification to be checked to determine age for purchase of alcohol....
CopyCited 1 times | Published | District Court of Appeal of Florida
through his employee violated Florida Statutes, §
562.11, F.S.A.,1 and that such offense should be held
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1990 Fla. App. LEXIS 4090, 1990 WL 77254
...The plaintiff in that action was a minor at the time she sustained injuries in an automobile accident after she had left Scarlett O'Hara's. She has contended that Scarlett O'Hara's is liable for her injuries because it sold her alcoholic beverages while she was a minor. See § 562.11, Fla. Stat. (1987). Scarlett O'Hara's defense is that she used her sister's driver's license to obtain entrance into its establishment. See § 562.11(1)(b), Fla....
...e licensee carefully checked ... the person's driver's license, ... and acted in good faith and in reliance upon the representation and appearance of the person in the belief that [she] was of legal age to purchase or consume the alcoholic beverage. § 562.11(1)(b), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2007 WL 188659
...er on the statutory seat belt defense because it was not properly pleaded); Tobias v. Osorio,
681 So.2d 905, 908 (Fla. 4th DCA 1996) (stating that in order for a lounge serving alcohol to be entitled to a jury instruction on the statutory defense in section
562.11(1)(b), it must have raised the defense in a responsive pleading)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...The evidence at hearing revealed that Lawrence Presley, the licensee's treasurer, approved the sale of beer based on the purchaser's use of a Missouri traffic ticket and a photo identification card from a community center. The hearing officer found that the sale violated section
562.11(1), Florida Statutes (1983) and that the licensee was therefore subject to sanctions under section
561.29(1) and (3)....
...A second issue which has concerned this court in reaching proper dispostion of this appeal is whether the "due diligence" standard of Cohen v. Schott and its progency is applicable to imposition of fines by the agency under section
561.29(3). The statutes here in issue, sections
561.29(3) and
562.11(1)(a) appear to impose strict liability standards....
...Our confidence in the agency's discretion was not bolstered by its counsel's admission at oral argument that it has a policy of not imposing sanctions against a licensee who sells to minors when the licensee checks one of the forms of identification enumerated in section 562.11(1)(b), Florida Statutes (1983), (providing a complete defense to civil actions but expressly not applicable to actions by the agency)....
...e in the particular violation, but rather related to the Division's attempt to impute negligence upon the licensee because of the active negligence of his employees. [1] Significantly, none of the cases cited by the majority dealt with the effect of Section 562.11(1)(b), Florida Statutes (1983). Section 562.11(1) states: (1)(a) It is unlawful for any person to sell, give, serve, or permit to be served alcoholic beverages to a person under 19 years of age or to permit a person under 19 years of age to consume said beverages on the licensed premises....
...resentation and appearance of the person in the belief that he was of legal age to purchase or consume the alcoholic beverage. Nothing herein shall negate any cause of action which arose prior to June 2, 1978. (emphasis supplied) Subparagraph (b) of section 562.11(1) was enacted by Chapter 78-134, Laws of Florida (1978). It clearly expresses the legislative intent to subject a licensee to administrative disciplinary sanctions, regardless of fault, upon his violation of the provisions of section 562.11(1)....
...for violations of the law resulting from his acts or those of his employees. See Annot., 3 A.L.R.2d 107, 108 (1949). [2] I place little importance on the statement made by the Division's lawyer during oral argument that the Division also interprets section 562.11(1) as permitting a licensee to establish a good faith defense in an administrative proceeding if he complies with the forms of identification specified in the statute....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 28175
by an adult. Appellant urges liability under Section
562.11, Florida Statutes (1979) and Davis v. Shiappacossee
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Oct 9, 2024
who are at least eighteen. Fla. Stat. §
562.11. But these rules provide very
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Oct 9, 2024
who are at least eighteen. Fla. Stat. §
562.11. But these rules provide very
CopyPublished | Florida 5th District Court of Appeal | 1989 WL 20682
...f the seat belt defense in this case would permit him to escape civil liability for violation of two criminal statutes: the prohibition against drunk driving (section
316.193) and the prohibition against *585 supplying alcoholic beverages to minors (section
562.11)....
...It must be remembered that the seat belt defense goes only to the issue of damages, not liability for the accident. Pasakarnis at 453-454. Moreover, we are not persuaded by the argument that Fleming violated two criminal statutes and should, therefore, be subject to civil liability. Section 562.11, Florida Statutes (1984) was designed to regulate licensed vendors of alcoholic beverages upon the licensed premises of such vendors....
CopyPublished | Supreme Court of Florida
defendant bars in Davis and Prevatt had violated section
562.11, Florida Statutes, which makes it a misdemeanor
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Oct 22, 2024
chasing alcohol and tobacco. See FLA. STAT. §
562.11(1)(a) (alcohol); id. §
569.101(1) (tobacco)
CopyAgo (Fla. Att'y Gen. 2001).
Published | Florida Attorney General Reports
affecting the issuance or sale of such licenses.4 Section
562.11(1)(a), Florida Statutes, makes it "unlawful
CopyPublished | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 8818, 2011 WL 2268959
...the act of providing liquor, which was the proximate cause of the harm suffered by a third party. To support this argument the defendant relies on United Services Automobile Association v. Butler,
359 So.2d 498, 499 (Fla. 4th DCA 1978) (holding that section
562.11 of the Florida Statutes (1973) [5] does not create a cause of action against a social host for injuries sustained by an individual injured due to the host's providing of alcoholic beverages to a minor)....
...erson knows that an alcoholic beverage or drug is in the possession of or being consumed by a minor at said residence and where the person fails to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug. [5] Section 562.11 of the Florida Statutes (1973) provides, in pertinent part: 562.11....
CopyPublished | Florida 3rd District Court of Appeal | 1988 WL 36923
...NOTES [1] The Final Judgment in Favor of Plaintiff reflects that the trial court awarded Guy Tuttle $261,250.00 and awarded Janet Tuttle $43,200.00. The verdict finding Mrs. Tuttle negligent was based on her failure to control her son's overall conduct, especially his consumption of alcohol. [2] Section 562.11, Florida Statutes (Supp....
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 14432
intoxicating beverages to a minor contrary to §
562.11, Fla. Stat. (Supp.1978) prior to the effective
CopyPublished | District Court of Appeal of Florida
alcoholic beverages to minors in violation of section
562.11, Fla.Stat., F.S.A. The suspension order was
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 13955
erroneously predicated upon an alleged violation of Section
562.11 F.S. (1973) which statute was designed only
CopyPublished | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 531, 2014 Fla. LEXIS 2582, 2014 WL 4251210
...3d 679] and 2014.
- 57 -
29.3 [SELLING] [GIVING] [SERVING] [PERMITTING SERVICE OF]
[PERMITTING CONSUMPTION OF] AN ALCOHOLIC BEVERAGE [TO]
[BY] A PERSON LESS THAN 21 YEARS OF AGE ON LICENSED
PREMISES
§ 562.11(1)(a)1, Fla....
....
Lesser Included Offenses
[SELLING] [GIVING] [SERVING] [PERMITTING SERVICE OF]
[PERMITTING CONSUMPTION OF] AN ALCOHOLIC
BEVERAGE [TO] [BY] A PERSON LESS THAN 21 YEARS OF AGE
ON LICENSED PREMISES — § 562.11(1)(a)1
CATEGORY ONE CATEGORY TWO FLA....
CopyPublished | Florida 5th District Court of Appeal | 2007 WL 2403171
...Austin,
658 So.2d 1064, 1066 (Fla. 5th DCA 1995). The Florida Supreme Court modified this rule by its decision in Davis v. Shiappacossee,
155 So.2d 365 (Fla.1963). Davis held that "violation of the statute prohibiting the sale of alcohol to minors (see section
562.11) could give rise to civil liability" through a negligence per se theory....
