Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 410
Barcode 450576
CHAMBER ACTION
Senate House
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11 The Committee on Criminal Justice (King) recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Section 856.015, Florida Statutes, is
19 amended to read:
20 856.015 Open House parties.--
21 (1) Definitions.--As used in this section:
22 (a) "Alcoholic beverage" means distilled spirits and
23 any beverage containing 0.5 percent or more alcohol by volume.
24 The percentage of alcohol by volume shall be determined in
25 accordance with the provisions of s. 561.01(4)(b).
26 (b) "Control" means the authority or ability to
27 regulate, direct, or dominate.
28 (c) "Drug" means a controlled substance, as that term
29 is defined in ss. 893.02(4) and 893.03.
30 (d) "Underage person" "Minor" means an individual not
31 legally permitted by reason of age to possess alcoholic
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 410
Barcode 450576
1 beverages under pursuant to chapter 562.
2 (e) "Open House party" means a social gathering at a
3 residence.
4 (f) "Person" means an individual 18 years of age or
5 older.
6 (g) "Residence" means a home, apartment, condominium,
7 or other dwelling unit.
8 (2) A No person having control of any residence may
9 not shall allow a an open house party to take place at the
10 said residence if any alcoholic beverage or drug is possessed
11 or consumed at the said residence by an underage person when
12 any minor where the person having control knows that an
13 alcoholic beverage or drug is in the possession of or being
14 consumed by an underage person a minor at the said residence
15 and when where the person having control fails to take
16 reasonable steps to prevent the possession or consumption of
17 the alcoholic beverage or drug. Reasonable steps to prevent
18 such possession or consumption means taking at least one of
19 the following steps:
20 (a) Notifying the appropriate law enforcement agency
21 of the possession or consumption by an underage person;
22 (b) Terminating the house party;
23 (c) Notifying the underage person's parent or legal
24 guardian of the possession or consumption;
25 (d) Upon becoming aware of an underage person's
26 possession of an alcoholic beverage or drug and having no
27 knowledge or belief that the underage person has consumed or
28 used the alcoholic beverage or drug, directing the underage
29 person to leave the premises;
30 (e) Requesting the underage person to relinquish
31 possession of or to dispose of the alcoholic beverage or drug;
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 410
Barcode 450576
1 (f) Requesting the underage person to allow another
2 person to transport him or her home; or
3 (g) Taking some other action or intervention that is
4 appropriate to the circumstances under which the action or
5 intervention takes place.
6 (3) The provisions of This section does shall not
7 apply to the use of alcoholic beverages at legally protected
8 religious observances or activities.
9 (4) A Any person who violates any of the provisions of
10 subsection (2) commits a misdemeanor of the second degree,
11 punishable as provided in s. 775.082 or s. 775.083. However, a
12 person who violates subsection (2) commits a felony of the
13 third degree, punishable as provided in s. 775.082, s.
14 775.083, or s. 775.084, if the use or possession of an
15 alcoholic beverage or drug that the person allowed in
16 violation of subsection (2) was the direct or proximate cause
17 of death or serious bodily injury and the violator:
18 (a) Knowingly and intentionally provided the alcoholic
19 beverage or drug to an underage person; or
20 (b) Failed to take reasonable steps to prevent the
21 possession or use of the alcoholic beverage or drug by an
22 underage person after an underage person consumed or used the
23 alcoholic beverage or drug in an open and conspicuous manner.
24 (5) A person who violates subsection (2) is liable,
25 based upon his or degree of fault as apportioned under the
26 standards established in s. 768.81(3), for the death, serious
27 bodily injury, or damage directly caused by, or which is the
28 proximate cause of, the possession or consumption of alcoholic
29 beverages or drugs by an underage person at a house party.
30 Section 2. This act shall take effect July 1, 2007.
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 410
Barcode 450576
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 Delete everything before the enacting clause
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5 and insert:
6 A bill to be entitled
7 An act relating to house parties; amending s.
8 856.015, F.S.; revising definitions; providing
9 criteria concerning what action is deemed a
10 reasonable step to prevent possession or
11 consumption of alcoholic beverages or drugs by
12 an underage person; providing that allowing an
13 house party in circumstances involving death or
14 serious injury after knowledge of the
15 possession or consumption of alcoholic
16 beverages or drugs by an underage person and
17 failure to prevent such possession or
18 consumption is a third-degree felony; providing
19 for criminal penalties; providing that a person
20 is liable for death, serious bodily injury, or
21 damage under certain circumstances concerning
22 the unlawful possession or consumption of
23 alcoholic beverages or drugs at a house party;
24 providing for apportionment of damages;
25 providing an effective date.
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