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Florida Statute 768.125 | Lawyer Caselaw & Research
F.S. 768.125 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLV
TORTS
Chapter 768
NEGLIGENCE
View Entire Chapter
F.S. 768.125
768.125 Liability for injury or damage resulting from intoxication.A person who sells or furnishes alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury or damage caused by or resulting from the intoxication of such person, except that a person who willfully and unlawfully sells or furnishes alcoholic beverages to 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.
History.s. 1, ch. 80-37.

F.S. 768.125 on Google Scholar

F.S. 768.125 on Casetext

Amendments to 768.125


Arrestable Offenses / Crimes under Fla. Stat. 768.125
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 768.125.



Annotations, Discussions, Cases:

Cases from cite.case.law:

HAYES ROBERTSON GROUP, INC. v. CHERRY,, 260 So. 3d 1126 (Fla. App. Ct. 2018)

. . . A review of the legislative history of section 768.125, as enacted in 1980; the separate misdemeanor . . . Initially, section 768.125 was to be numbered 562.51 to follow the "habitual drunkard" statute, section . . . Though the term "habitual drunkard" was eliminated in the enactment of section 768.125 (but the term . . . The jury instructions included a reading of section 768.125 and a charge summarizing the 768.125 claim . . . The interrogatory verdict on 768.125 was composite: the jury was not asked separate questions regarding . . .

SALERNO, M. v. DEL MAR FINANCIAL SERVICE, LLC P. A., 248 So. 3d 1186 (Fla. App. Ct. 2018)

. . . Appellant attempts to state a cause of action based upon section 768.125, Florida Statutes (2013), but . . . dismiss the second amended complaint on grounds that no cause of action could be stated because section 768.125 . . . Section 768.125 provides: Liability for injury or damage resulting from intoxication A person who sells . . . complaint with prejudice for failure to state a cause of action, agreeing with the employers that section 768.125 . . . The Estate first argues that section 768.125 does not shield the employers from liability. . . .

GONZALEZ, v. STONEYBROOK WEST GOLF CLUB, LLC, INC., 225 So. 3d 891 (Fla. Dist. Ct. App. 2017)

. . . against Stoneybrook pursuant to Florida’s reverse dram shop liability statute, codified at section 768.125 . . .

OKEECHOBEE AERIE FRATERNAL ORDER OF EAGLES, INC. v. WILDE, 199 So. 3d 333 (Fla. Dist. Ct. App. 2016)

. . . Appel-lees”), sued the Eagles for damages, alleging they were negligent and in violation of section 768.125 . . . known to be “a person habitually addicted to the use of any or all alcoholic beverages,” per section 768.125 . . . The Eagles suggest that the only cause of action here is under section 768.125, Florida Statutes. . . . Section 768.125 says, in relevant part: A person who sells or furnishes alcoholic beverages to. a person . . . From its clear language, section '768.125 does not create a cause of action. . . .

DE LA TORRE, v. FLANIGAN S ENTERPRISES, INC. d b a s, 187 So. 3d 330 (Fla. Dist. Ct. App. 2016)

. . . The trial court dismissed the suit, finding that section 768.125, Florida Statutes (2011), . insulated . . . Appellee moved to dismiss the action, arguing that the suit was precluded by section 768.125, Florida . . . The common law rule, codified by section 768.125, absolves sellers from blame for the drunken acts of . . . Specifically, section. 768.125 states: A person who sells or furnishes alcoholic beverages to a person . . . The Second District held that the suit was precluded by section 768.125. Hall, 157 So.3d at 331. . . .

EVANS, v. McCABE INC. d b a s,, 168 So. 3d 238 (Fla. Dist. Ct. App. 2015)

. . . elements to establish a claim under Florida’s reverse dram shop liability statute, codified at section 768.125 . . . Section 768.125, Florida Statutes (2009), provides in full: A person who sells or furnishes alcoholic . . . hable for injury or damage caused by or resulting from the intoxication of such minor or person. § 768.125 . . .

HALL, v. WEST s a s LLC, a s a, 157 So. 3d 329 (Fla. Dist. Ct. App. 2015)

. . . Section 768.125,' Florida Statutes (2008), is at play in this case: Liability for injury or damage resulting . . . In dissent, Judge Diamantis cogently explained that the majority impermissibly circumvented section 768.125 . . . Recognizing the legislature’s constitutional prerogative to set social policy, as it did in section 768.125 . . . 1200, 1203 (Fla.1997) (noting that where the legislature has acted to restrict liability under section 768.125 . . . Because section 768.125 bars Mr. . . .

L. CASE R. E. v. B. NEWMAN, B. Ni s a d b a, 154 So. 3d 1151 (Fla. Dist. Ct. App. 2014)

. . . judgment in turn, arguing the appellants could not make out a prima facie case of any violation of section 768.125 . . . Section 768.125, Florida Statutes (2010), provides: A person who sells or furnishes alcoholic beverages . . . Tampa, Inc., 586 So.2d 1042, 1047-48 (Fla.1991) — “that, although limited by the provisions of section 768.125 . . .

BOTKIN, v. TOKIO MARINE NICHIDO FIRE INSURANCE CO. LTD., 956 F. Supp. 2d 795 (E.D. Ky. 2013)

. . . Florida Statute § 768.125 provides in relevant part: "A person who sells or furnishes alcoholic beverages . . . Stat. § 768.125. . . . .

WEBER, ESTATE OF WEBER, v. MARINO PARKING SYSTEMS, INC. a LLC, d b a a, 100 So. 3d 729 (Fla. Dist. Ct. App. 2012)

. . . See § 768.125, Fla. . . .

V. FURRY, H. v. MICCOSUKEE TRIBE OF INDIANS OF FLORIDA, d. b. a., 685 F.3d 1224 (11th Cir. 2012)

. . . . § 768.125, as well as various state law negligence claims. . . . Stat. § 768.125 provides in full: A person who sells or furnishes alcoholic beverages to a person of . . .

V. FURRY, H. v. MICCOSUKEE TRIBE OF INDIANS OF FLORIDA, d. b. a., 685 F.3d 1224 (11th Cir. 2012)

. . . . § 768.125, as well as various state law negligence claims. . . . Stat. § 768.125 provides in full: A person who sells or furnishes alcoholic beverages to a person of . . .

R. J. REYNOLDS TOBACCO COMPANY, v. GROSSMAN,, 96 So. 3d 917 (Fla. Dist. Ct. App. 2012)

. . . E.g., § 768.125, Fla. Stat. (1980). . . .

COOK, v. MILLERCOORS, LLC,, 872 F. Supp. 2d 1346 (M.D. Fla. 2012)

. . . Furthermore, § 768.125 of the Florida Statutes limits liability for the sale of alcoholic beverages with . . . Section 768.125, Florida Statutes, absolves purveyors of alcohol from liability, with exceptions for . . . But in any event, the applicability of § 768.125 is strictly an academic question. . . . The Florida Supreme Court has explained that § 768.125 “effectively codified the original common law . . . good law “in situations not governed by section 768.125.” . . .

FOUNDERS INSURANCE COMPANY, v. TOME, N., 878 F. Supp. 2d 1266 (M.D. Fla. 2012)

. . . the service of alcohol to Weston Tome at The Arena Sports Bar in violation of Florida Statute section 768.125 . . . & Grill and d/b/a The Coliseum Center for Performing Arts,” alleging liability pursuant to section 768.125 . . .

COOK, v. MILLERCOORS, LLC,, 829 F. Supp. 2d 1208 (M.D. Fla. 2011)

. . . . § 768.125. Cook has not alleged that either of the exceptions applies in this case. . . . Stat. § 768.125. . . . Stat. § 768.125 limits liability for the sale of alcoholic beverages with express exceptions for two . . . Stat. § 768.125. 658 So.2d at 1066. Generally, proximate cause is a question of fact. . . .

HETHERLY v. SAWGRASS TAVERN INC., 975 So. 2d 1266 (Fla. Dist. Ct. App. 2008)

. . . being deliberately drunk is not a defense to a crime, on what basis should Judges read into section 768.125 . . . STEVENSON and TAYLOR, JJ., concur. . § 768.125, Fla. . . .

M. QUARANTELLO, v. T. LEROY,, 977 So. 2d 648 (Fla. Dist. Ct. App. 2008)

. . . Stat. (2007) (using the terminology, “shall have no cause of action”); § 768.125, Fla. . . .

KAMINER, v. ECKERD CORPORATION OF FLORIDA, INC. f k a a k a a L. P. a f k a, 966 So. 2d 452 (Fla. Dist. Ct. App. 2007)

. . . summary judgment for the alcohol vendor; however, liability was based on a specific statute, section 768.125 . . .

LUQUE v. ALE HOUSE MANAGEMENT, INC., 962 So. 2d 1062 (Fla. Dist. Ct. App. 2007)

. . . The Luques’ suit against Ale House claims that Ale House breached its duty to Lu-que under section 768.125 . . . Additionally, Defendant argued at the hearing that section 768.125 was enacted for the protection of . . . As section 768.125 does not provide a cause of action, Mr. Luque’s claim against [Ale House] fails. . . . Section 768.125, Florida Statutes (2003), provides: A person who sells or furnishes alcoholic beverages . . . In “limiting” or modifying the underlying action, section 768.125 now delineates the elements that a . . .

MURPHY, v. SOUTHERN MUTUAL MANAGEMENT CORP. d b a, 936 So. 2d 786 (Fla. Dist. Ct. App. 2006)

. . . bar where Centlivre had started drinking at 9:00 a.m. that morning, alleging a violation of section 768.125 . . . from which a jury could determine that the vendor had sufficient knowledge to have violated section 768.125 . . .

ESTATE OF P. MASSAD, WILSON, v. GRANZOW B., 886 So. 2d 1050 (Fla. Dist. Ct. App. 2004)

. . . Granzow argues that section 768.125, Florida Statutes (2003), acts as a “complete limitation on liability . . . Granzow further argues that, because section 768.125 renders social hosts “immune under common law and . . . In 1980, as alcohol vendors’ civil liability continued to increase, the legislature enacted section 768.125 . . . The supreme court has viewed section 768.125 as “a limitation on the liability of vendors of intoxicating . . . When the supreme court has written on the relationship between section 768.125 and social hosts, it has . . .

R. GROBMAN, M. D. R. M. D. P. A. SSJ d b a d b a v. POSEY,, 863 So. 2d 1230 (Fla. Dist. Ct. App. 2003)

. . . Section 768.125, Florida Statutes (1991) provided that a “culpable vendor becomes vicariously liable . . .

J. FRITSCH, v. ROCKY BAYOU COUNTRY CLUB, INC., 799 So. 2d 433 (Fla. Dist. Ct. App. 2001)

. . . despite knowing him to be “habitually addicted to the use of ... alcoholic beverages” under section 768.125 . . . private, members-only, not-for profit corporation, Appellee is immune from liability under section 768.125 . . . Brennan, 507 So.2d 1385 (Fla.1987) (§ 768.125 did not create cause of action against social host for . . . Although section 768.125 generally protects from liability for injury or damage “[a] person who sells . . . In summary, Appellee is not immune from liability under section 768.125; and the selling and serving . . .

GRAHAM, v. W. STEPHENS,, 779 So. 2d 649 (Fla. Dist. Ct. App. 2001)

. . . Compare § 768.125, Fla. . . .

FLEURIDOR, v. SURF CAF, 775 So. 2d 411 (Fla. Dist. Ct. App. 2001)

. . . Section 768.125, Florida Statutes, provides A person who sells or furnishes alcoholic beverages to a . . .

VORONSOFF, v. RESPECTABLE STREET, INC. a d b a a k a d b a W. d b a s a f k a a k a TELSI, 754 So. 2d 808 (Fla. Dist. Ct. App. 2000)

. . . of a judgment on the pleadings based upon appellant’s challenge to the constitutionality of section 768.125 . . . K-Mart Corp., 697 So.2d 1200 (Fla.1997) does not render section 768.125 unconstitutional. AFFIRMED. . . .

SIPES, E. v. ALBERTSON S INC., 728 So. 2d 1243 (Fla. Dist. Ct. App. 1999)

. . . .; § 768.125(Fla.Stat.l997). . . . of liability for non-willful sales to minors, it has kept in place, through its enactment of section 768.125 . . . Stanage and Bryant both involved facts which predated the legislature’s enactment of section 768.125, . . . indicated that such a vendor may be liable for injuries resulting from the minor’s intoxication. § 768.125 . . .

KIRKMAN ROAD SPORTS PUB AND RESTAURANT, INC. v. DEMPSEY,, 723 So. 2d 384 (Fla. Dist. Ct. App. 1998)

. . . , d/b/a JB’s Sports Bar and Grill, in regard to its liability to the plaintiffs pursuant to section 768.125 . . . The car crashed, injuring Nieves, and he sued the restaurants pursuant to section 768.125, Florida Statutes . . .

KITCHEN, v. K- MART CORPORATION,, 697 So. 2d 1200 (Fla. 1997)

. . . The plaintiffs sued the social host, alleging a violation of section 768.125, Florida Statutes (1983) . . . Section 768.125 states: A person who sells or furnishes alcoholic beverages to a person of lawful drinking . . . response to this judicial recognition of a vendor’s civil liability, the legislature had enacted section 768.125 . . . s cause of action for common law negligence because it found that, similar to the effect of section 768.125 . . . The language contained in sections 790.17 and 790.151, unlike the language in section 768.125, does not . . .

A. WILLIAMS, v. ANHEUSER- BUSCH, INC., 957 F. Supp. 1246 (M.D. Fla. 1997)

. . . Plaintiff claims that Florida Statute section 768.125 gave rise to a duty on the part of Defendant to . . . safety records for the month, Plaintiff attempts to establish a duty under Florida Statutes section 768.125 . . .

STARITA, v. WEST PUTNAM POST NUMBER VETERANS OF FOREIGN WARS OF UNITED STATES, INC. a, 678 So. 2d 521 (Fla. Dist. Ct. App. 1996)

. . . in question knew or had reason to know he was “drunk or intoxicated in direct violation of section 768.125 . . .

WAL- MART STORES, INC. a a v. McDONALD, III,, 676 So. 2d 12 (Fla. Dist. Ct. App. 1996)

. . . Section 768.125 indicates that the culpable vendor becomes vicariously hable for the damages caused by . . .

R. LEIGH, v. DON BAILEY CARPETS, INC., 662 So. 2d 436 (Fla. Dist. Ct. App. 1995)

. . . Bailey violated any duty under section 768.125, Florida Statutes (1993) regarding the serving of alcohol . . .

PUBLIX SUPERMARKETS, INC. v. AUSTIN, H., 658 So. 2d 1064 (Fla. Dist. Ct. App. 1995)

. . . unlawfully sold alcohol to Austin on the date of the collision in violation of sections 562.11 and 768.125 . . . the only cause of action available to Wurtz was a cause of action based on Florida Statute section 768.125 . . . Based on the provisions of 768.125, we agree with Publix that Count III, which is merely a negligence . . . In doing so, we acknowledged that a “willful” sale under section 768.125 requires knowledge that the . . . Section 768.125, Florida Statutes (1991), provides: 768.125 Liability for injury or damage resulting . . .

F. RUSSO, v. PLANT CITY MOOSE LODGE NO., 656 So. 2d 957 (Fla. Dist. Ct. App. 1995)

. . . She argues that under section 768.125, Florida Statutes (1991), the Moose Lodge is liable for the death . . . Such proof is necessary under section 768.125. Russo relies on Roster v. . . . Section 768.125, Florida Statutes (1991) provides in relevant part: A person who sells or furnishes alcoholic . . .

PERSEN, v. SOUTHLAND CORPORATION,, 656 So. 2d 453 (Fla. 1995)

. . . 1994), wherein the following question was certified to be of great public importance: DOES SECTION 768.125 . . . The issue here is whether Southland can be held liable, under section 768.125, Florida Statutes (1991 . . . Section 768.125 limits liability by codifying the original common law rule absolving vendors of alcoholic . . . In applying the section 768.125 exceptions, we must look to the language of the statute as well as the . . . Section 768.125 distinguishes between one who “willfully and unlawfully sells or furnishes” alcoholic . . .

V. NIEVES, v. CAMACHO CLOTHES, INC. d b a O. C. s,, 645 So. 2d 507 (Fla. Dist. Ct. App. 1994)

. . . White’s, Inc., alleging that the two corporations violated sections 562.11(l)(a) and 768.125, Florida . . . Section 768.125, Florida Statutes (1991), provides: Liability for injury or damage resulting from intoxication . . . The court then construed the later enacted section 768.125 to be a statute limiting the liability of . . .

BARDY, v. WALT DISNEY WORLD COMPANY,, 643 So. 2d 46 (Fla. Dist. Ct. App. 1994)

. . . I respectfully dissent because, in my view, this case is controlled by section 768.125, Florida Statutes . . . Brennan, 507 So.2d 1385 (Fla.1987), our supreme court concluded that the provisions of section 768.125 . . . The legislature has evidenced, through chapter 562 and section 768.125 for example, a desire to make . . . If section 768.125 is to be amended, it must be done legislatively, not judicially. . . . Section 768.125 (formerly section 562.51) became effective on May 23, 1980. . . .

F. COKER, v. WAL- MART STORES, INC. a, 642 So. 2d 774 (Fla. Dist. Ct. App. 1994)

. . . considered the liability of liquor vendors who sold alcoholic beverages in contravention of section 768.125 . . .

PERSEN v. SOUTHLAND CORPORATION, a s a, 640 So. 2d 1228 (Fla. Dist. Ct. App. 1994)

. . . action arose out of an alcohol related automobile accident and 7-11’s alleged violation of section 768.125 . . . Plaintiffs also allege that The Southland Corporation violated section 768.125, Florida Statutes (1991 . . . Section 768.125 states the general rule that a person who sells or furnishes alcoholic beverages to a . . . Appellants argue that section 768.125 is ambiguous with regard to the meaning of the term “serve” in . . . According to appellants, section 768.125 must be construed to encompass liability for any commercial . . .

CARROLL AIR SYSTEMS, INC. a v. GREENBAUM,, 629 So. 2d 914 (Fla. Dist. Ct. App. 1993)

. . . any event, the employer cannot be liable for the furnishing of liquor to its employee, citing section 768.125 . . . Mercury Motors, where the fault of the employer is serving alcoholic beverages to an employee, section 768.125 . . . Gracewood Fruit Company, 559 So.2d 217 (Fla.1990), discusses an employer’s liability under section 768.125 . . .

O NEALE, O v. HERSHOFF, Ed, 634 So. 2d 644 (Fla. Dist. Ct. App. 1993)

. . . The majority opinion determines that the trial court interpreted section 768.125, Florida Statutes (1991 . . . Since section 768.125 is a limiting statute, and since the appellant had ten months to allege facts sufficient . . . On summary judgment, one of the appel-lees argued that under section 768.125, Florida Statutes (1991) . . . The trial court correctly applied a narrow interpretation to section 768.125. In Migliore v. . . . Thereafter, the supreme court explained that the Legislature had passed section 768.125, which limited . . . The question before us is the proper interpretation of section 768.125, Florida Statutes (1991). . . . selling or furnishing alcohol to the other minor occupants of the ear, within the meaning of section 768.125 . . . applies to a person who ‘‘willfully and unlawfully sells or furnishes alcoholic beverages” to a minor. § 768.125 . . .

S. ECHEVERRI, v. SAGA BAY COMPANY d b a a B., 624 So. 2d 416 (Fla. Dist. Ct. App. 1993)

. . . The complaint fails to state a cause of action against Burgin, individually, for violation of section 768.125 . . .

R. HUGHES, INC. a d b a v. M. MITCHELL,, 617 So. 2d 767 (Fla. Dist. Ct. App. 1993)

. . . correctly recognizes that, in order to recover on her claim that appellant violated sections 562.11(1) and 768.125 . . . Section 768.125, Fla.Stat. (1989). . . .

ROSTER, v. MOULTON, Jr., 602 So. 2d 975 (Fla. Dist. Ct. App. 1992)

. . . The complaint also alleged that Nick’s Bar violated section 768.125, Florida Statutes (1988), when it . . . general denial and filed a motion for summary judgment on two grounds: It was not liable under section 768.125 . . . Appellant argues that section 768.125 requires a strict construction, because it purports to limit a . . .

ELLIS, v. N. G. N. OF TAMPA, INC., 586 So. 2d 1042 (Fla. 1991)

. . . The complaint also alleged that the provisions of section 768.125, Florida Statutes (1987), authorized . . . N.G.N. and Nissen moved to dismiss the complaint on the grounds that: (1) section 768.125 does not provide . . . The district court explained that a class of persons to be protected under section 768.125 includes the . . . In reaching this conclusion, the district court of appeal determined that sections 562.50 and 768.125 . . . Ketner, 54 Tenn.App. 656, 393 S.W.2d 755 (1964). . § 768.125, Fla.Stat. (1987). . . .

BENNETT, v. GODFATHER S PIZZA, INC., 570 So. 2d 1351 (Fla. Dist. Ct. App. 1990)

. . . Restaurant, Inc., 165 So.2d 787 (Fla. 3d DCA 1964), cert. denied, 172 So.2d 597 (Fla.1965); see also § 768.125 . . .

L. DIXON v. SAUNDERS, Jr. d b a, 565 So. 2d 802 (Fla. Dist. Ct. App. 1990)

. . . appellants sued the bowling alley seeking to recover damages for their daughter’s death under section 768.125 . . . to willfulness, an element which must be established before liability can be imposed under section 768.125 . . . They contended below, as they argue now on appeal, that the term “furnish” in section 768.125 includes . . . As the supreme court pointed out in Migliore, the fact that section 768.125 was amended after judicial . . .

SABO, v. SHAMROCK COMMUNICATIONS, INC., 566 So. 2d 267 (Fla. Dist. Ct. App. 1990)

. . . knowledge that Hoag was habitually addicted to the use of alcoholic beverages, as required by section 768.125 . . . Section 768.125, Florida Statutes (1983) provides: A person who sells or furnishes alcoholic beverages . . . or person, (emphasis supplied) The issue in this case is whether the knowledge required by section 768.125 . . . This is a case of first impression with regard to the application of section 768.125 to establish liability . . . We can conceive of no policy reason for treating the proof of knowledge required by section 768.125 for . . . The constitutionality of that part of section 768.125 relating to liability for “knowingly” serving alcoholic . . .

ELLIS, D. v. N. G. N. OF TAMPA, INC. G., 561 So. 2d 1209 (Fla. Dist. Ct. App. 1990)

. . . The complaint sets forth the relevant facts and also states, tracking the language of section 768.125 . . . The appellees moved to have the complaint dismissed claiming that section 768.125 does not provide a . . . Section 768.125, on the other hand, addresses only the civil remedy and omits any mention of a “written . . . She also contends that section 768.125 itself provides a separate cause of action so that a habitual . . . The present section 768.125 was originally enacted as section 562.51. Ch. 80-37, Laws of Fla. . . . .

DOWELL, v. GRACEWOOD FRUIT COMPANY,, 559 So. 2d 217 (Fla. 1990)

. . . The disposition of this case turns on the construction to be given section 768.125, Florida Statutes . . . However, in Bankston, this Court reviewed the circumstances under which section 768.125 had been enacted . . . serving alcoholic beverages to a minor, the opinion unmistakably rejected the contention that section 768.125 . . . Several legislative sessions have passed since our decision in Bankston, but no amendments to section 768.125 . . .

TUTTLE v. MIAMI DOLPHINS, LTD. a M. a a, 551 So. 2d 477 (Fla. Dist. Ct. App. 1988)

. . . Section 768.125, Florida Statutes (Supp.1980), however, limits liability of vendors of intoxicating beverages . . . Munford, Inc., 451 So.2d 480 (Fla.1984), the supreme court held that section 768.125 requires that the . . .

D. GORMAN, v. ALBERTSON S, INC., 519 So. 2d 1119 (Fla. Dist. Ct. App. 1988)

. . . Gorman’s amended complaint alleged that Albert-son’s was liable to him pursuant to section 768.125, Florida . . .

M. FRENCH, v. CITY OF WEST PALM BEACH d b a, 513 So. 2d 1356 (Fla. Dist. Ct. App. 1987)

. . . These allegations, standing alone, would not support a cause of action under sections 562.11 and 768.125 . . . Section 768.125, Florida Statutes (1985) provides: Liability for injury or damage resulting from intoxication . . .

BANKSTON, v. J. BRENNAN, Jr., 507 So. 2d 1385 (Fla. 1987)

. . . Section 768.125 provides in pertinent part: [A] person who willfully and unlawfully sells or furnishes . . . The plain meaning of section 768.125 requires us to hold that a social host who willfully and unlawfully . . . Defendants assert that section 768.125 is ambiguous in light of the construction placed on a similar . . . Section 768.125 makes no such reference. . . . Clearly, one of the purposes behind the enactment of section 768.125 was to limit such liability. . . . wherein the district court certified the following question of great public importance: DOES SECTION 768.125 . . . Our disposition of the certified question turns solely on the meaning to be given to section 768.125. . . . We also held that section 768.125 represented a limitation on a vendor’s liability, reasoning: When the . . . The petitioners advance two basic arguments in support of their contention that 768.125 does create a . . . The legislature has evidenced, through chapter 562 and section 768.125 for example, a desire to make . . . I agree with the majority’s analysis that section 768.125, Florida Statutes, was not intended to create . . .

J. H. PRITCHARD, v. JAX LIQUORS, INC., 499 So. 2d 926 (Fla. Dist. Ct. App. 1986)

. . . The motion also asserted that § 768.125, Fla.Stat., the statute upon which the action was based, was . . . Section 768.125 provides a civil remedy against providers of alcoholic beverages to a person who is “ . . . Pritchard contends that it is not necessary that § 562.50 and § 768.125 be read and construed in pari . . . materia and that the court erred in requiring an action filed pursuant to § 768.125 to allege that a . . . Section 768.125, on the other hand, was enacted in 1980 in the midst of a period of growing awareness . . .

KIRKLAND, v. JOHNSON, A. O Sr. Jr., 499 So. 2d 899 (Fla. Dist. Ct. App. 1986)

. . . Appellant contends that the court erred in its construction of section 768.125, Florida Statutes. . . . In Bankston the Fourth District held that section 768.125, Florida Statutes, does not create a cause . . .

FLANIGAN S ENTERPRISES, INC. v. CANTLEY,, 483 So. 2d 895 (Fla. Dist. Ct. App. 1986)

. . . See Section 768.125, Florida Statutes (1983); Lonestar Florida, Inc. v. . . .

BANKSTON, a v. J. BRENNAN, Jr., 480 So. 2d 246 (Fla. Dist. Ct. App. 1985)

. . . The appellant sued the appellee for his injuries, specifically basing his cause of action on section 768.125 . . . The specific question presented to this court is: Does Section 768.125, Florida Statutes (1983) create . . . In 1980, the legislature enacted Section 768.125, Florida Statutes, which provides: A person who sells . . . Specifically, appellant contends that by enacting section 768.125, the legislature created a cause of . . . First, the “right created” by section 768.125, according to Barnes, pertains to the right of recovery . . .

PAPAIK v. TELLMAN,, 16 Fla. Supp. 2d 134 (Fla. Cir. Ct. 1985)

. . . alleged in one count of the Complaint that Defendant, PENNING, was in violation of Florida Statute 768.125 . . . and 562.11, the pertinent portions of which read as follows: 768.125. . . . Essentially, Florida Statute 768.125 was passed by our Legislature providing the requisites of a cause . . . Defendant, PENNING, been injured by a minor, such as PAP AIK or GONZALEZ, at the keg party, Florida Statute 768.125 . . . must, therefore, find, under the peculiar facts and circumstances of this case that Florida Statute 768.125 . . .

L. BARNES, v. B. K. CREDIT SERVICE, INC. a J. d b a, 461 So. 2d 217 (Fla. Dist. Ct. App. 1984)

. . . In making its ruling, the court expressly relied on the provisions of section 768.125, Florida Statutes . . . Plaintiff argued in return that section 768.125 is unconstitutional insofar as it purports to place a . . . We disagree with defendants, for section 768.125 clearly draws a distinction between minor and adult . . . Finally, plaintiff vaguely asserts that section 768.125 denies her access to courts. . . . We therefore hold that section 768.125 does not deny access to courts. . . .

L. ROBERTS, v. ROMAN, 457 So. 2d 578 (Fla. Dist. Ct. App. 1984)

. . . Section 768.125, Florida Statutes (1980), imposing liability on one who knowingly sells intoxicating . . .

PUGLIA, v. DRINKS ON THE BEACH, INC. a d b a On, 457 So. 2d 519 (Fla. Dist. Ct. App. 1984)

. . . In count II of his second amended complaint, the appellant alleged that appellee violated section 768.125 . . .

J. FORLAW, M. D. v. FITZER,, 456 So. 2d 432 (Fla. 1984)

. . . cause of action existed until passage of chapter 80-37, section 1, Laws of Florida (codified at section 768.125 . . .

BOOTH, v. TRAVELERS INSURANCE COMPANY,, 452 So. 2d 1083 (Fla. Dist. Ct. App. 1984)

. . . (Supp.1978) prior to the effective date of § 768.125, Fla.Stat. (1981) may be liable in negligence to . . .

ARMSTRONG E. Sr. v. MUNFORD, INC., 451 So. 2d 480 (Fla. 1984)

. . . violation of section 562.11(l)(a), Florida Statutes (1981), notwithstanding the enactment of section 768.125 . . . The district court held that section 768.125, Florida Statutes (1981), in effect at the time of the accident . . . Mar. 8, 1984), the present accident occurred after the effective date of section 768.125. . . . The district court correctly held that section 768.125 requires that the selling or furnishing of the . . . Section 768.125 controls in those cases arising after its effective date. . . .

BARBER, v. JENSEN,, 450 So. 2d 830 (Fla. 1984)

. . . following question to be of great public importance: Prior to May 24, 1980, the effective date of section 768.125 . . . District on the authority of our decision in Migliore and hold that prior to the effective date of section 768.125 . . .

MIGLIORE, v. CROWN LIQUORS OF BROWARD, INC., 448 So. 2d 978 (Fla. 1984)

. . . The issue before us is whether, prior to the effective date of section 768.125, Florida Statutes (1981 . . . This finding, the Fourth District continued, is buttressed by the legislature’s enactment of section 768.125 . . . Moreover, contrary to the Fourth District’s holding in the present case that section 768.125 creates . . . Section 768.125, Florida Statutes (1981), provides: A person who sells or furnishes alcoholic beverages . . . Section 768.125, enacted as ch. 80-37, Laws of Florida, became effective on May 24, 1980. . . .

ARMSTRONG E. Sr. v. MUNFORD, INC., 439 So. 2d 1009 (Fla. Dist. Ct. App. 1983)

. . . of the second degree punishable as provided in S. 775.082 or S. 775.083, and provisions of section 768.125 . . . appellants’ complaint alleged a cause of action under only section 562.11(l)(a) and not under section 768.125 . . . District Court of Appeal certified the question of whether, prior to the effective date of section 768.125 . . . By enacting section 768.125, the legislature established the requisites of a cause of action by an injured . . . violation of section 562.11(l)(a), Florida Statutes (1981), notwithstanding the enactment of section 768.125 . . .

C. BURNS, III, v. THREE OF A KIND, INC. a, 439 So. 2d 1004 (Fla. Dist. Ct. App. 1983)

. . . Section 768.125, Florida Statutes (1981) was in effect at the time the injury occurred and that statute . . . Section 768.125, Florida Statutes (1981) provides: A person who sells or furnishes alcoholic beverages . . .

WILLIS, L. L. v. L. STRICKLAND,, 436 So. 2d 1011 (Fla. Dist. Ct. App. 1983)

. . . This case involves an interpretation of section 768.125, Florida Statutes (1981), which provides in part . . .

FITZER, v. J. FORLAW, M. D., 435 So. 2d 839 (Fla. Dist. Ct. App. 1983)

. . . exception in the event the alcohol is knowingly served “to a person habitually addicted .... ” Section 768.125 . . .

BARBER, v. JENSEN,, 428 So. 2d 770 (Fla. Dist. Ct. App. 1983)

. . . following question to be of great public importance: Prior to May 24, 1980, the effective date of section 768.125 . . .

J. McCARTHY, J. a v. DANNY S WEST, INC. a a, 421 So. 2d 756 (Fla. Dist. Ct. App. 1982)

. . . Appellee urges that the case is controlled by Section 768.125, Florida Statutes (1981). . . .

MIGLIORE, v. CROWN LIQUORS OF BROWARD, INC., 425 So. 2d 20 (Fla. Dist. Ct. App. 1982)

. . . persons against dispensers of intoxicants for injuries by intoxicated minors when it passed Section 768.125 . . . The statute provides: 768.125 Liability for injury or damage resulting from intoxication. — A person . . . In conclusion, we note that the passage of Section 768.125 would have been totally unnecessary to provide . . . Certainly, no injured third person would proceed under Section 768.125 and assume its more onerous burden . . .

LONESTAR FLORIDA, INC. v. M. COOPER, d b a s, 408 So. 2d 758 (Fla. Dist. Ct. App. 1982)

. . . Section 768.125, Florida Statutes (Supp.1980), provides as follows: 768.125 Liability for injury or damage . . . We conclude, however, that Section 768.125, as stated above, is declarative of the existing law on the . . .

v. TRAVELERS INSURANCE CO., 400 So. 2d 20 (Fla. Dist. Ct. App. 1981)

. . . severe legislation is being enacted to cut down on the evil of drunk driving, it is amazing that Section 768.125 . . .