Bar Won't Be Punished For Serving Jose Fernandez Before Boat Crash

The bar where Jose Fernandez and his 2 friends were last seen partying and drinking before the fatal boat crash will NOT be investigated for possibly over serving the group ... officials tell TMZ Sports.

In many states, bars can be held criminally liable if they over serve a patron who is obviously intoxicated -- if that patron gets in a car crash or something like it as a result of being drunk.

But not in Florida.

In fact, when we reached out to the Florida Department of Business and Professional Regulation to find out if they would be investigating American Social in Miami, here's what we were told:

"[American Social] does not have any pending complaints and is not under investigation by DBPR’s Division of Alcoholic Beverages and Tobacco."

The rep added, "There are no Florida laws pertaining to the over service of alcoholic beverages, thus an investigation has not been initiated as a result of the findings in this incident."

Officials have said Fernandez and the other 2 victims reeked of booze when they were pulled from the crash scene -- and a receipt for alcohol from American Social was discovered in one of the victim's pockets. It's still unclear who was driving the boat at the time of the incident.