By Caitlin Carson Carey*
Since the regular legislative session in 1980, victims of drunk driving accidents in Florida have been essentially barred from the ability to seek meaningful redress for their injuries. With the passage of Florida Statute Section 768.125, Florida’s Dram Shop Act, plaintiffs in drunk driving accidents have largely been unable to hold commercial alcohol vendors accountable for negligent alcohol service unless the tortfeasor is a minor or a habitual drunkard. Even these two exceptions to the statute are not well defined and contain affirmative defenses to protect vendors, causing the statute to operate as an anti-dram shop law. This Article explores the conditions under which this legislation was developed and discusses the tragic consequences that have come from its passage. This Article then argues by analogy that Florida Statute Section 768.125 should be declared unconstitutional as a violation of the Equal Protection Clause of the Florida Constitution.
This Article suggests several concurrent legislative changes to protect the right to meaningful redress for Florida citizens and visitors of the state. First, Section 768.125 should be amended to include affirmative dram shop language. Second, Florida Statute Section 561.705, the Responsible Vendors Act, should be amended to require vendors to implement increased training and notice standards statewide, and to implement a licensing program to offset some of the costs of increased safe service enforcement. Finally, the legislature should create a Penny for the People Fund, placing a $0.01 tax on every alcoholic beverage sale to create a fund that would support victims of drunk driving accidents and their families after a drunk driving accident.