TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Count I - Dram Shop Liability: Service to a Minor (Fla. Stat. § 768.125)
6. Count II - Dram Shop Liability: Service to Habitual Addict (Fla. Stat. § 768.125)
7. Count III - Common Law Negligence (Alternative)
8. Damages
9. Jury Demand
10. Prayer for Relief
11. Verification
12. State-Specific Notes
13. Sources and References

CAPTION

IN THE CIRCUIT COURT OF THE [________________________________] JUDICIAL CIRCUIT
IN AND FOR [________________________________] COUNTY, FLORIDA

[________________________________],
Plaintiff,

v.

[________________________________] (d/b/a [________________________________]),
Defendant(s).

Case No.: [________________________________]

PARTIES

1. Plaintiff [________________________________] is a resident of [________________________________] County, Florida, and is the person injured as a result of the acts described herein.

2. Defendant [________________________________] (hereinafter "Establishment Defendant") is a person or entity licensed to sell alcoholic beverages in Florida, doing business as [________________________________], located at [________________________________], Florida.

3. [________________________________] (hereinafter "Intoxicated Person") was at all relevant times a patron served alcoholic beverages by the Establishment Defendant.

JURISDICTION AND VENUE

4. This Court has jurisdiction over this action pursuant to Fla. Stat. § 26.012 as the amount in controversy exceeds the jurisdictional minimum.

5. Venue is proper in this County pursuant to Fla. Stat. § 47.011 because the acts giving rise to this claim occurred in [________________________________] County, Florida.

FACTUAL ALLEGATIONS

6. On or about [__/__/____], the Intoxicated Person was present at the Establishment Defendant's premises at [________________________________].

7. The Establishment Defendant, through its agents, employees, or servants, sold or served alcoholic beverages to the Intoxicated Person.

8. [Select applicable theory:]

☐ Service to Minor: At the time of service, the Intoxicated Person was under the age of twenty-one (21), being [____] years old. The Establishment Defendant willfully and unlawfully sold or served alcoholic beverages to said minor.

☐ Service to Habitual Addict: At the time of service, the Intoxicated Person was a person habitually addicted to the use of any or all alcoholic beverages. The Establishment Defendant knew or had reason to know of the Intoxicated Person's habitual addiction.

9. Following the service of alcoholic beverages, the Intoxicated Person [________________________________] [describe injurious conduct].

10. As a direct and proximate result, Plaintiff suffered injuries including but not limited to [________________________________].

COUNT I - SERVICE TO A MINOR (Fla. Stat. § 768.125)

11. Plaintiff re-alleges and incorporates paragraphs 1 through 10.

12. Pursuant to Fla. Stat. § 768.125, a person who willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age is liable for injury or damage caused by or resulting from the intoxication of such minor.

13. The Intoxicated Person was under the legal drinking age of twenty-one (21) at the time of service.

14. The Establishment Defendant willfully and unlawfully sold or furnished alcoholic beverages to the minor.

15. The minor's intoxication caused or resulted in Plaintiff's injuries and damages.

COUNT II - SERVICE TO HABITUAL ADDICT (Fla. Stat. § 768.125)

16. Plaintiff re-alleges and incorporates paragraphs 1 through 10.

17. Pursuant to Fla. Stat. § 768.125, a person who knowingly serves a person habitually addicted to the use of any or all alcoholic beverages is liable for injury or damage caused by or resulting from the intoxication of such person.

18. The Intoxicated Person was, at all relevant times, a person habitually addicted to the use of alcoholic beverages, as demonstrated by:

☐ History of chronic alcohol abuse
☐ Prior treatment for alcohol addiction
☐ Frequent and excessive consumption at the establishment
☐ Observable physical signs of chronic alcohol dependency
☐ Other: [________________________________]

19. The Establishment Defendant knew or had reason to know the Intoxicated Person was habitually addicted to alcohol, including:

☐ The Intoxicated Person was a regular patron who frequently became intoxicated
☐ Staff or management were aware of the Intoxicated Person's addiction
☐ The Establishment Defendant had received complaints about the Intoxicated Person
☐ Other: [________________________________]

20. The service of alcohol on the establishment's premises was a proximate cause of the Intoxicated Person's intoxication and Plaintiff's resulting injuries.

COUNT III - COMMON LAW NEGLIGENCE (Alternative)

21. Plaintiff re-alleges and incorporates paragraphs 1 through 10.

22. The Establishment Defendant owed a duty of care to Plaintiff arising from [________________________________].

23. The Establishment Defendant breached this duty by [________________________________].

24. The breach was a proximate cause of Plaintiff's injuries.

DAMAGES

25. As a direct and proximate result of the Defendant's conduct, Plaintiff has suffered:

☐ Past and future medical expenses: $[________________________________]
☐ Past and future lost wages and earning capacity: $[________________________________]
☐ Pain and suffering: $[________________________________]
☐ Mental anguish and emotional distress: $[________________________________]
☐ Loss of enjoyment of life: $[________________________________]
☐ Property damage: $[________________________________]
☐ Punitive damages (subject to Fla. Stat. § 768.72 requirements)
☐ Other: [________________________________]

JURY DEMAND

26. Plaintiff hereby demands a trial by jury on all issues so triable.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:

a. Enter judgment against Defendant(s) and in favor of Plaintiff;
b. Award compensatory damages in an amount to be determined at trial;
c. Award pre-judgment and post-judgment interest;
d. Award costs and attorney's fees as permitted by law;
e. Reserve the right to seek punitive damages upon proper motion;
f. Grant such other and further relief as this Court deems just and proper.

VERIFICATION

STATE OF FLORIDA
COUNTY OF [________________________________]

UNDER PENALTIES OF PERJURY, I declare that I have read the foregoing Complaint and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

_____________________________________________
[________________________________], Plaintiff
Date: [__/__/____]

Respectfully submitted,

_____________________________________________
[________________________________]
Attorney for Plaintiff
[________________________________]
[________________________________]
Florida Bar No.: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

STATE-SPECIFIC NOTES

• Statute: Fla. Stat. § 768.125 -- Florida's dram shop act is RESTRICTIVE.
• General Rule: There is NO liability for serving a visibly intoxicated adult of lawful drinking age.
• Only Two Exceptions: (1) Willfully and unlawfully serving a minor; (2) Knowingly serving a habitual addict.
• Habitual Addiction: This exception applies ONLY to on-premises consumption (bars, restaurants); it does NOT apply to packaged liquor sales (Persen v. Southland Corp., 656 So.2d 453).
• Knowledge Requirement: "Knowingly" serving an addict requires actual or constructive knowledge of the addiction.
• Social Host Liability: Limited under Fla. Stat. § 856.015 -- hosts may be liable for knowingly allowing underage persons to drink at their residence.
• Comparative Fault: Plaintiff is barred if found more than 50% at fault (for causes of action arising on or after March 24, 2023; pure comparative negligence applies to earlier claims).
• Statute of Limitations: Two years for injuries occurring after March 24, 2023 (Fla. Stat. § 95.11(3)).
• Punitive Damages: Must comply with Fla. Stat. § 768.72 procedural requirements.

SOURCES AND REFERENCES

• Fla. Stat. § 768.125 (Dram Shop Act)
• Fla. Stat. § 856.015 (Social Host - Minors)
• Fla. Stat. § 768.72 (Punitive Damages)
• Peoples Restaurant v. Sabo, 591 So.2d 907 (Fla. 1991)
• Persen v. Southland Corp., 656 So.2d 453 (Fla. 1995)