Florida Senate - 2011                                     SB 746
       
       
       
       By Senator Altman
       
       
       
       
       24-00199A-11                                           2011746__
    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
    4         the open house party statute a second or subsequent
    5         time commits a misdemeanor of the first degree;
    6         providing that a person commits a misdemeanor of the
    7         first degree if the violation of the open house party
    8         statute causes or contributes to causing serious
    9         bodily injury or death; providing criminal penalties;
   10         providing an effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsections (2) and (4) of section 856.015,
   15  Florida Statutes, are amended, and subsection (5) is added to
   16  that section, to read:
   17         856.015 Open house parties.—
   18         (2) A No person having control of any residence may not
   19  shall allow an open house party to take place at the said
   20  residence if any alcoholic beverage or drug is possessed or
   21  consumed at the said residence by any minor where the person
   22  knows that an alcoholic beverage or drug is in the possession of
   23  or being consumed by a minor at the said residence and where the
   24  person fails to take reasonable steps to prevent the possession
   25  or consumption of the alcoholic beverage or drug.
   26         (4) Any person who violates any of the provisions of
   27  subsection (2) commits a misdemeanor of the second degree,
   28  punishable as provided in s. 775.082 or s. 775.083. A person who
   29  violates subsection (2) a second or subsequent time commits a
   30  misdemeanor of the first degree, punishable as provided in s.
   31  775.082 or s. 775.083.
   32         (5) If a violation of subsection (2) causes or contributes
   33  to causing serious bodily injury, as defined in s. 316.1933, or
   34  death, the violation is a misdemeanor of the first degree,
   35  punishable as provided in s. 775.082 or s. 775.083.
   36         Section 2. This act shall take effect July 1, 2011.