562.50
Habitual drunkards; furnishing intoxicants to, after notice.
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562.50 Habitual drunkards; furnishing intoxicants to, after notice.—Any person who shall sell, give away, dispose of, exchange, or barter any alcoholic beverage, or any essence, extract, bitters, preparation, compound, composition, or any article whatsoever under any name, label, or brand, which produces intoxication, to any person habitually addicted to the use of any or all such intoxicating liquors, after having been given written notice by wife, husband, father, mother, sister, brother, child, or nearest relative that said person so addicted is an habitual drunkard and that the use of intoxicating drink or drinks is working an injury to the person using said liquors, or to the person giving said written notice, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 22633, 1945; s. 576, ch. 71-136; s. 2, ch. 72-230.
Notes of Decisions
Cited in 11
cases, 1968–2018 · leading case: Ellis v. NGN of Tampa, Inc.
Ellis v. NGN of Tampa, Inc. (1991)
“125 does not provide a first-party cause of action for a one-car accident involving an injured adult drinker/driver; and (2) even if there was a cause of action, the complaint did not allege that the bar had received written notice from the habitual drunkard's family as required…”
Ellis v. NGN of Tampa, Inc. (1990)
“125 does not provide a first party cause of action for a one-car accident involving an injured adult drinker/driver and because the complaint did not allege that the bar had received written notice from the habitual drunkard's family required as a predicate to liability in…”
Pritchard v. Jax Liquors, Inc. (1986)
“Jax moved to dismiss the complaint, contending it did not state a cause of action in that it failed to assert that Jax had been provided with written notice that Hinnant was an habitual drunkard as required by § 562.50, Fla. Stat. The motion also asserted that § 768.”
Hayes Robertson Group v. Cherry (2018)
“50, and the statute 5 This statute, section 562.50, Florida Statutes (2018), was originally enacted in 1945.”
State v. Wadsworth (1968)
“See § 562.50, Fla. Stat., F.S.A. prohibiting the supplying of alcoholic beverages to a person " habitually addicted" to the use of alcoholic beverages; Sec.”
Ochab v. Morrison, Inc. (1987)
“Appellant alleged he was discharged from his employment as a bartender in retaliation for his refusal to continue to serve a patron who had become intoxicated and belligerent. Appellant urges us to create a cause of action under the circumstances alleged in *764 his complaint by…”
Roster v. Moulton (1992)
“Nick's Bar answered the complaint with a general denial and filed a motion for summary judgment on two grounds: It was not liable under section 768.125 because there was no evidence that it knew Moulton was habitually addicted to alcohol, and it had not received prior written…”
Persen v. Southland Corp. (1995)
“§ 562.50, Fla.Stat. (1991). However, the language tying civil liability to the criminal statute was deleted from the bill on the floor of the House.”
Roberts v. Roman (1984)
“2d at 979 , the requisites of the relevant criminal statute here, section 562.50, Florida Statutes (1979), were not met.”
Decker v. National Financial Realty Trust (1991)
“Appellant did not allege that written notice had been given to appellee by a family member that the intoxicated person was addicted and a habitual drunkard as required by section 562.50, Florida Statutes (1991). The trial court entered judgment on the pleadings, citing Ellis v.”
Temple v. Aujla (1996)
“§ 562.50, Fla. Stat. (1985). The bartender urged the court to create a civil cause of action on the basis that the criminal statute demonstrated a legislative intent to do so.”
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