1 | A bill to be entitled |
2 | An act relating to open parties; amending s. 856.015, |
3 | F.S.; revising definitions to apply the restrictions |
4 | formerly applicable to open house parties to all open |
5 | parties, not solely those parties occurring in a |
6 | residence; prohibiting a person from allowing an open |
7 | party to take place on premises under his or her |
8 | control if the person knows that an alcoholic beverage |
9 | or drug is in the possession of or being consumed by a |
10 | minor on the premises; prohibiting a person from |
11 | providing an alcoholic beverage or drug to a minor at |
12 | an open party; providing criminal penalties; providing |
13 | an effective date. |
14 |
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15 | Be It Enacted by the Legislature of the State of Florida: |
16 |
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17 | Section 1. Section 856.015, Florida Statutes, is amended |
18 | to read: |
19 | 856.015 Open house parties.- |
20 | (1) Definitions.-As used in this section, the term: |
21 | (a) "Alcoholic beverage" means distilled spirits and any |
22 | beverage containing 0.5 percent or more alcohol by volume. The |
23 | percentage of alcohol by volume shall be determined in |
24 | accordance with the provisions of s. 561.01(4)(b). |
25 | (b) "Control" means the authority or ability to regulate, |
26 | direct, or dominate. |
27 | (c) "Drug" means a controlled substance, as that term is |
28 | defined in ss. 893.02(4) and 893.03. |
29 | (d) "Minor" means an individual not legally permitted by |
30 | reason of age to possess alcoholic beverages pursuant to chapter |
31 | 562. |
32 | (e) "Open house party" means a social gathering at a |
33 | residence. |
34 | (f) "Person" means an individual 18 years of age or older |
35 | having control of the premises where an open party is held. |
36 | (g) "Residence" means a home, apartment, condominium, or |
37 | other dwelling unit. |
38 | (2) A person having control of any residence may not allow |
39 | an open house party to take place on premises under his or her |
40 | control at the residence if any alcoholic beverage or drug is |
41 | possessed or consumed at the residence by any minor, where the |
42 | person knows that an alcoholic beverage or drug is in the |
43 | possession of or being consumed by a minor, at the residence and |
44 | where the person fails to take reasonable steps to prevent the |
45 | possession or consumption of the alcoholic beverage or drug. |
46 | (3) A person may not provide an alcoholic beverage or drug |
47 | to a minor at an open party. |
48 | (4)(3) The provisions of This section does shall not apply |
49 | to the use of alcoholic beverages at legally protected religious |
50 | observances or activities. |
51 | (5)(4) A Any person who violates any of the provisions of |
52 | subsection (2) commits a misdemeanor of the second degree, |
53 | punishable as provided in s. 775.082 or s. 775.083. A person who |
54 | violates subsection (2) a second or subsequent time commits a |
55 | misdemeanor of the first degree, punishable as provided in s. |
56 | 775.082 or s. 775.083. |
57 | (6)(5) If a violation of subsection (2) causes or |
58 | contributes to causing serious bodily injury, as defined in s. |
59 | 316.1933, or death to the minor, or if the minor causes or |
60 | contributes to causing serious bodily injury or death to another |
61 | as a result of the minor's consumption of alcohol or drugs at |
62 | the open house party, the violation is a misdemeanor of the |
63 | first degree, punishable as provided in s. 775.082 or s. |
64 | 775.083. |
65 | Section 2. This act shall take effect July 1, 2012. |