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
16  
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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    8:55 AM   03/13/07                              s0410.cj08.00a

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; 2 8:55 AM 03/13/07 s0410.cj08.00a
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. 31 3 8:55 AM 03/13/07 s0410.cj08.00a
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 4 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. 26 27 28 29 30 31 4 8:55 AM 03/13/07 s0410.cj08.00a