HB 105

1
A bill to be entitled
2An act relating to open house parties; amending s.
3856.015, F.S.; providing that a person who violates the
4open house party statute a second or subsequent time
5commits a misdemeanor of the first degree; providing that
6a person commits a misdemeanor of the first degree if the
7violation of the open house party statute causes serious
8bodily injury or death of a minor; providing criminal
9penalties; providing an effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Subsections (2) and (4) of section 856.015,
14Florida Statutes, are amended, and subsection (5) is added to
15that section, to read:
16     856.015  Open house parties.-
17     (2)  A No person having control of any residence may not
18shall allow an open house party to take place at the said
19residence if any alcoholic beverage or drug is possessed or
20consumed at the said residence by any minor where the person
21knows that an alcoholic beverage or drug is in the possession of
22or being consumed by a minor at the said residence and where the
23person fails to take reasonable steps to prevent the possession
24or consumption of the alcoholic beverage or drug.
25     (4)  Any person who violates any of the provisions of
26subsection (2) commits a misdemeanor of the second degree,
27punishable as provided in s. 775.082 or s. 775.083. A person who
28violates subsection (2) a second or subsequent time commits a
29misdemeanor of the first degree, punishable as provided in s.
30775.082 or s. 775.083.
31     (5)  If a violation of subsection (2) causes serious bodily
32injury, as defined in s. 316.1933, or death of the minor, it is
33a misdemeanor of the first degree, punishable as provided in s.
34775.082 or s. 775.083.
35     Section 2.  This act shall take effect July 1, 2011.


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