Florida/Georgia Personal Injury & Workers Compensation

...Our disposition of the certified question turns solely on the meaning to be given to section 768.125. Therefore, a brief historical narrative is called for. As specified in its enacting title, the legislature enacted chapter 80-37, Laws of Florida, "[a]n act relating to the Beverage Law," creating section 562.51, which evidences the fact that the legislature clearly intended this act to be included within chapter 562, Beverage Law: Enforcement....

...al decisions on this subject, including Davis and Prevatt. Moreover, the legislative intent that this statute limit the existing liability of liquor vendors is clear from its enacting title which reads: "An act relating to the Beverage Law; creating s. 562.51, Florida Statutes [codified as s....

...of Educ.); § 237.40 (in district school boards); § 240.364 (in community colleges); §§ 258.015, 267.17 (in citizen support organizations); § 286.011 (in public meetings); §§ 395.031-395.032 (in trauma centers); §§ 509.092, 509.141, and 509.142 (in public lodging and restaurants); § 513.118 (in RV parks); § 562.51 (in bars); § 641.3102 (in HMOs); chapter 760 (in housing); § 760.10 (in employment); § 849.093 (in public games); § 871.04 (in advertising)....

...particularly when sales were made to persons who lacked the ability to make a responsible decision in the consumption of alcohol. As a result of this judicial trend to extend liability towards vendors of alcoholic beverages, the legislature enacted section 562.51, now section 768.125, Florida Statutes (1989). That statute was enacted as chapter 80-37, Laws of Florida, and its title read as follows: "An act relating to the Beverage Law; creating s. 562.51, Florida Statutes [codified as s....

...The respondents argue that section 768.125 must be read in pari materia with the criminal statute, section 562.50, to require written notification of the vendor before recovery under section 768.125 is permissible. We recognize that section 768.125 was initially enacted by chapter 80-37, Laws of Florida, as section 562.51, immediately following the criminal provision pertaining to habitual drunkards in section 562.50....

...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. As a judicial trend developed extending liability towards vendors of alcoholic beverages, the Florida Legislature intervened in 1980 and enacted section 562.51, now codified as section 768.125, effectively reviving the original common law rule absolving vendors from liability for sales....

...at 1137-38 (citing Restatement (Second) of Torts § 314A (1965)). We note that the Fisherman's Pier decision predates Bankston. Further, the Fisherman's Pier decision does not make clear whether section 768.125 was in effect at the time of the invitee's death. Section 768.125 (formerly section 562.51) became effective on May 23, 1980....

...ect matter — unlawful dispensing of alcohol and the consequences thereof, whether civil or criminal. Our view that the two sections are closely interrelated is supported by the fact that when section 768.125 was enacted, the legislature numbered it section 562.51, placing it directly after section 562.50....

...The sponsors of the 1980 bill were cognizant of the views of the governor and the legislative opponents of the previous act and were attempting a compromise to obtain passage of an acceptable reverse dram shop measure. When HB 1561 was first introduced, it read as follows (the italics are ours): 562.51 Liability for injury or damage resulting from intoxication....

...Representative Gustafson's specific comment that the "problem" was that it was very unlikely that the necessary conviction could be obtained is further evidence that we reach the correct conclusion in interpreting this legislative concern. Regarding notice as a prerequisite to civil liability, the legislature retained in section 562.51 (i.e., 768.125) the other integral component of section 562.50 (besides the conviction) by requiring that the server of liquor must knowingly serve the habitual drunkard....

...The legislature was, of course, cognizant of the manner necessary to impart the requisite knowledge in order to impose liability under section 562.50, i.e., written notice. In 1980, it merely added the next following provision, section 768.125 (ne 562.51), as a limitation to the existing liability which already had a written notice prerequisite....

...y scheme is to limit the criminal and civil liability of the liquor server who has not received the required written notice. Affirmed. CAMPBELL, C.J., and DANAHY and FRANK, JJ., concur. NOTES [1] The present section 768.125 was originally enacted as section 562.51....

...n selling or furnishing alcoholic beverages to another person is not thereby liable for injury or damage ...; providing exceptions." Ch. 80-37, Laws of Fla. (emphasis added). [3] To avoid confusion, we reiterate that this is the bill which was to be section 562.51 when it was enacted as chapter 80-37 of the session laws but which ultimately became section 768.125 in our statutes....

...Publix Supermarkets, 658 So.2d at 1066; see also Ellis v. N.G.N. of Tampa, Inc., 586 So.2d 1042, 1045 (Fla.1991). "As a judicial trend developed extending liability towards vendors of alcoholic beverages, the Florida Legislature intervened in 1980 and enacted section 562.51," which is now codified in section 768.125....