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The Florida Senate

2004 Florida Statutes

Section 856.015, Florida Statutes 2004

856.015  Open house parties.--

(1)  Definitions.--As used in this section:

(a)  "Alcoholic beverage" means distilled spirits and any beverage containing 0.5 percent or more alcohol by volume. The percentage of alcohol by volume shall be determined in accordance with the provisions of s. 561.01(4)(b).

(b)  "Control" means the authority or ability to regulate, direct, or dominate.

(c)  "Drug" means a controlled substance, as that term is defined in ss. 893.02(4) and 893.03

(d)  "Minor" means an individual not legally permitted by reason of age to possess alcoholic beverages pursuant to chapter 562.

(e)  "Open house party" means a social gathering at a residence.

(f)  "Person" means an individual 18 years of age or older.

(g)  "Residence" means a home, apartment, condominium, or other dwelling unit.

(2)  No person having control of any residence shall allow an open house party to take place at said residence if any alcoholic beverage or drug is possessed or consumed at said residence by any minor where the person knows that an alcoholic beverage or drug is in the possession of or being consumed by a minor at said residence and where the person fails to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug.

(3)  The provisions of this section shall not apply to the use of alcoholic beverages at legally protected religious observances or activities.

(4)  Any person who violates any of the provisions of subsection (2) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083

History.--ss. 4, 5, 6, 7, ch. 88-196; ss. 64, 65, 66, 67, ch. 88-381; s. 45, ch. 91-110; s. 217, ch. 91-224; s. 103, ch. 97-264; s. 9, ch. 99-186; s. 19, ch. 2000-320; s. 1, ch. 2002-60; s. 9, ch. 2002-78.