| 1 | A bill to be entitled |
| 2 | An act relating to open house parties; amending s. |
| 3 | 856.015, F.S.; providing that a person who violates the |
| 4 | open house party statute a second or subsequent time |
| 5 | commits a misdemeanor of the first degree; providing that |
| 6 | a person commits a misdemeanor of the first degree if the |
| 7 | violation of the open house party statute results in |
| 8 | serious bodily injury or death; providing criminal |
| 9 | penalties; providing an effective date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Subsections (2) and (4) of section 856.015, |
| 14 | Florida Statutes, are amended, and subsection (5) is added to |
| 15 | that section, to read: |
| 16 | 856.015 Open house parties.- |
| 17 | (2) A No person having control of any residence may not |
| 18 | shall allow an open house party to take place at the said |
| 19 | residence if any alcoholic beverage or drug is possessed or |
| 20 | consumed at the said residence by any minor where the person |
| 21 | knows that an alcoholic beverage or drug is in the possession of |
| 22 | or being consumed by a minor at the said residence and where the |
| 23 | person fails to take reasonable steps to prevent the possession |
| 24 | or consumption of the alcoholic beverage or drug. |
| 25 | (4) Any person who violates any of the provisions of |
| 26 | subsection (2) commits a misdemeanor of the second degree, |
| 27 | punishable as provided in s. 775.082 or s. 775.083. A person who |
| 28 | violates subsection (2) a second or subsequent time commits a |
| 29 | misdemeanor of the first degree, punishable as provided in s. |
| 30 | 775.082 or s. 775.083. |
| 31 | (5) If a violation of subsection (2) results in serious |
| 32 | bodily injury, as defined in s. 316.1933, or death, it is a |
| 33 | misdemeanor of the first degree, punishable as provided in s. |
| 34 | 775.082 or s. 775.083. |
| 35 | Section 2. This act shall take effect July 1, 2010. |