HB 585

1
A bill to be entitled
2An act relating to open parties; amending s. 856.015,
3F.S.; revising definitions to apply the restrictions
4formerly applicable to open house parties to all open
5parties, not solely those parties occurring in a
6residence; prohibiting a person from allowing an open
7party to take place on premises under his or her
8control if the person knows that an alcoholic beverage
9or drug is in the possession of or being consumed by a
10minor on the premises; prohibiting a person from
11providing an alcoholic beverage or drug to a minor at
12an open party; providing criminal penalties; providing
13an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Section 856.015, Florida Statutes, is amended
18to 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
22beverage containing 0.5 percent or more alcohol by volume. The
23percentage of alcohol by volume shall be determined in
24accordance with the provisions of s. 561.01(4)(b).
25     (b)  "Control" means the authority or ability to regulate,
26direct, or dominate.
27     (c)  "Drug" means a controlled substance, as that term is
28defined in ss. 893.02(4) and 893.03.
29     (d)  "Minor" means an individual not legally permitted by
30reason of age to possess alcoholic beverages pursuant to chapter
31562.
32     (e)  "Open house party" means a social gathering at a
33residence.
34     (f)  "Person" means an individual 18 years of age or older
35having control of the premises where an open party is held.
36     (g)  "Residence" means a home, apartment, condominium, or
37other dwelling unit.
38     (2)  A person having control of any residence may not allow
39an open house party to take place on premises under his or her
40control at the residence if any alcoholic beverage or drug is
41possessed or consumed at the residence by any minor, where the
42person knows that an alcoholic beverage or drug is in the
43possession of or being consumed by a minor, at the residence and
44where the person fails to take reasonable steps to prevent the
45possession or consumption of the alcoholic beverage or drug.
46     (3)  A person may not provide an alcoholic beverage or drug
47to a minor at an open party.
48     (4)(3)  The provisions of This section does shall not apply
49to the use of alcoholic beverages at legally protected religious
50observances or activities.
51     (5)(4)  A Any person who violates any of the provisions of
52subsection (2) commits a misdemeanor of the second degree,
53punishable as provided in s. 775.082 or s. 775.083. A person who
54violates subsection (2) a second or subsequent time commits a
55misdemeanor of the first degree, punishable as provided in s.
56775.082 or s. 775.083.
57     (6)(5)  If a violation of subsection (2) causes or
58contributes to causing serious bodily injury, as defined in s.
59316.1933, or death to the minor, or if the minor causes or
60contributes to causing serious bodily injury or death to another
61as a result of the minor's consumption of alcohol or drugs at
62the open house party, the violation is a misdemeanor of the
63first degree, punishable as provided in s. 775.082 or s.
64775.083.
65     Section 2.  This act shall take effect July 1, 2012.


CODING: Words stricken are deletions; words underlined are additions.