House Bill hb0219

    Florida House of Representatives - 2002                 HB 219

        By Representative Ball






  1                      A bill to be entitled

  2         An act relating to open house parties; amending

  3         s. 856.015, F.S.; revising definitions;

  4         prohibiting persons age 18 or older from

  5         allowing open house parties at any residence if

  6         alcoholic beverages or drugs are possessed or

  7         consumed by a minor; providing a penalty;

  8         providing an effective date.

  9

10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Section 856.015, Florida Statutes, is

13  amended to read:

14         856.015  Open house parties.--

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

16         (a)(b)  "Alcoholic beverage" means distilled spirits

17  and any beverage containing 0.5 percent or more alcohol by

18  volume.  The percentage of alcohol by volume shall be

19  determined in accordance with the provisions of s.

20  561.01(4)(b).

21         (b)(c)  "Control" means the authority or ability to

22  regulate, direct, or dominate.

23         (c)(d)  "Drug" means a controlled substance, as that

24  term is defined in ss. 893.02(4) and 893.03.

25         (d)(e)  "Minor" means an individual a person not

26  legally permitted by reason of age to possess alcoholic

27  beverages pursuant to chapter 562.

28         (e)(f)  "Open house party" means a social gathering at

29  a residence.

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






    Florida House of Representatives - 2002                 HB 219

    561-167-02






  1         (f)(a)  "Person Adult" means an individual 18 years of

  2  age or older a person not legally prohibited by reason of age

  3  from possessing alcoholic beverages pursuant to chapter 562.

  4         (g)  "Residence" means a home, apartment, condominium,

  5  or other dwelling unit.

  6         (2)  No person adult having control of any residence

  7  shall allow an open house party to take place at said

  8  residence if any alcoholic beverage or drug is possessed or

  9  consumed at said residence by any minor where the person adult

10  knows that an alcoholic beverage or drug is in the possession

11  of or being consumed by a minor at said residence and where

12  the person adult fails to take reasonable steps to prevent the

13  possession or consumption of the alcoholic beverage or drug.

14         (3)  The provisions of this section shall not apply to

15  the use of alcoholic beverages at legally protected religious

16  observances or activities.

17         (4)  Any person who violates any of the provisions of

18  subsection (2) commits is guilty of a misdemeanor of the

19  second degree, punishable as provided in s. 775.082 or s.

20  775.083.

21         Section 2.  This act shall take effect July 1, 2002.

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24                          HOUSE SUMMARY

25
      Prohibits persons age 18 or older from allowing open
26    house parties at any residence if alcoholic beverages or
      drugs are possessed or consumed by a minor. Revises
27    definitions. Provides a penalty.

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