Licensed alcohol establishments in Florida—whether bars, restaurants, importers, or distributors—depend on their DBPR-issued permits to operate smoothly. Unfortunately, sometimes those licenses come under fire. One of the most common violations cited by the Board of Alcoholic Beverages and Tobacco is under Florida Statute 561.55(3)(b), which prohibits furnishing alcohol to minors. When you receive an administrative complaint alleging such a violation, the consequences can be severe: fines, suspension, mandatory training, or even loss of your license. For bar and restaurant owners, importers, and distributors, the stakes are high.
At Elevate Legal Services, PLLC, we protect Florida’s licensed professionals from administrative complaints and hearings before the Division of Alcoholic Beverages and Tobacco (part of DBPR). Our Boca Raton law firm has deep experience defending clients in cases involving F.S. 561.55(3)(b) and related statutes. Whether you’re under investigation or have already received a formal complaint, our legal team can guide you through the process and fight to preserve your livelihood.
Call Elevate Legal Services, PLLC today at 561-770-3335 or email [email protected] to schedule your confidential consultation. The sooner you act, the better we can defend you—and often prevent license suspension before it starts.
What Is Florida Statute 561.55(3)(b)?
Under Florida law, the Board of Alcoholic Beverages and Tobacco enforces strict rules around providing alcohol. F.S. 561.55(3)(b) states that no person shall:
“sell, barter, furnish, give away, or deliver any alcoholic beverage to a person under 21 years of age.”
This statute covers licensees and their employees—servers, bartenders, managers, and owners—holding them responsible for any violation, whether intentional or accidental. Violations typically arise when minors can purchase or consume alcohol on-premises, sometimes after presenting false ID, or when underage individuals are found drinking under a licensee’s supervision.
Why the DBPR Investigates and Issues Administrative Complaints
In every administrative case under F.S. 561.55(3)(b), there is always an investigation predating the fact that too many business owners overlook.
- Routine Compliance Checks
DBPR agents or local law enforcement often conduct undercover checks. They send in someone under 21 to attempt to purchase alcohol. If the undercover minor succeeds, that sets the stage.
- Complaints and Incident Reports
Third-party reports—by patrons, parents, or competing establishments—can prompt an inquiry. - Observation and Patrol
Frequent visits by inspectors can lead to the discovery of minors congregate or drink on your property.
These masked operations give the DBPR evidence—photos, video, agent testimony—used to build a case. When the preliminary findings suggest a violation of F.S. 561.55(3)(b), they issue an administrative complaint alleging licensee misconduct.
Common Allegations under F.S. 561.55(3)(b)
The types of conduct that trigger complaints almost always fall into one of several categories:
- Underage Purchase Attempts
A minor (or undercover agent) uses a counterfeit ID and is successfully served. - Lack of ID Checking Policies
No strict protocols exist, or staff are poorly trained, leading to negligent compliance. - Direct Furnishing to Minors
Bartenders knowingly serve minors, sometimes under pressure. - Events Catering to Under-21 Patrons
Hosting college nights or functions where minors can purchase or consume alcohol. - Management vs. Staff Misconduct
Even if the server served the minor, the permit holder (owner/manager) bears responsibility.
Potential Penalties and Impacts
When DOAH (Division of Administrative Hearings) rules against you, consequences can include:
- Suspension of your liquor license (days to weeks)
- Monetary fines—often $2,000+ for first offenses
- Mandatory training for staff and management
- Probationary periods with increased oversight
- Misdemeanor charges (criminal—depending on facts)
- Revocation of your license for repeat or severe violations
Without effective legal representation, the DBPR is quick to impose severe sanctions or force license surrender.
Step-by-Step Guide to Responding to a DBPR Administrative Complaint
When you receive a complaint under F.S. 561.55(3)(b), your response must be swift and strategic. Here’s a step-by-step approach:
- Study the Complaint Thoroughly
Check dates, times, undercover agent identity, witnesses, observations, and evidence. Determine exactly what’s alleged. - Gather and Preserve Evidence
Secure CCTV footage, incident reports, staff schedules, ticket logs, and training records. This will be essential to your defense. - Don’t Publicly Discuss the Case
Avoid acknowledging or apologizing in public. Anything you say can be used against you in court or by DBPR. - Choose an Election of Rights
You must file this form: choose between informal hearing (admitting facts, minimizing penalties), formal hearing (disputing allegations), or seeking a settlement. Consulting an attorney before filing is critical. - Prepare a Defense Strategy
Your strategy can include:- Challenging undercover ID authentication
- Proving the minor was visibly over 21
- Highlighting adherence to ID policies (training, signage, refusal logs)
- Presenting positive compliance history
- Participate in Hearings or Mediation
Attend hearings with counsel prepared to cross-examine DBPR witnesses, present your own experts (e.g., training instructors), and negotiate consent agreements to minimize penalties. - Seek Appeal When Necessary
If the outcome is adverse, elevate the case for judicial review in Leon County Circuit Court.
Why Choose Elevate Legal Services, PLLC?
Licensed establishments throughout Florida trust Elevate Legal Services, PLLC, to handle DBPR administrative complaints and successfully preserve the ability to serve alcohol.
Here’s what makes us stand out:
- Unmatched Experience
We’ve defended numerous bars, restaurants, and distributors in Division of Alcoholic Beverages & Tobacco complaints, successfully contesting charges under F.S. 561.55(3)(b). - Proven Compliance Strategies
We conduct underage training assessments, create ID-check protocols, maintain refusal incident logs, and ensure your operations exceed DBPR expectations. - Proactive and Tactical
We don’t just react—we audit your establishment, simulate undercover checks, and shore up compliance before issues arise. - Results-Driven Defense
We aim to get complaints dismissed, penalties reduced, or license revocation avoided. - Full Administrative Advocacy
We manage informal hearings, formal trials, settlement conferences, and appeals—delivering full-spectrum advocacy.
Final Thoughts
Suppose you’re under investigation or have received a complaint from the Board of Alcoholic Beverages and Tobacco alleging violation of F.S. 561.55(3)(b). In that case, you are not alone, but you must act fast. Failing to respond—or responding poorly—can jeopardize your license, reputation, and future.
Elevate Legal Services, PLLC, is the only name you need to remember when DBPR steps in. With our experience, aggressive defense strategies, and deep understanding of DBPR procedures, we help licensees maintain compliance, minimize penalties, and protect their livelihood.
Call Elevate Legal Services, PLLC now at 561-770-3335 or email us at [email protected] to schedule your confidential consultation today.
Your business matters—don’t let underage complaints derail it. Trust Elevate Legal Services, PLLC, to defend you every step of the way.
