Florida Senate - 2011                              CS for SB 746
       
       
       
       By the Committee on Criminal Justice; and Senator Altman
       
       
       
       
       591-03788-11                                           2011746c1
    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 to the minor, or causes or
   10         contributes to causing serious bodily injury or death
   11         to another person as a result of the minor’s
   12         consumption of alcohol or drugs at the open house
   13         party; providing criminal penalties; providing an
   14         effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Subsections (2) and (4) of section 856.015,
   19  Florida Statutes, are amended, and subsection (5) is added to
   20  that section, to read:
   21         856.015 Open house parties.—
   22         (2) A No person having control of any residence may not
   23  shall allow an open house party to take place at the said
   24  residence if any alcoholic beverage or drug is possessed or
   25  consumed at the said residence by any minor where the person
   26  knows that an alcoholic beverage or drug is in the possession of
   27  or being consumed by a minor at the said residence and where the
   28  person fails to take reasonable steps to prevent the possession
   29  or consumption of the alcoholic beverage or drug.
   30         (4) Any person who violates any of the provisions of
   31  subsection (2) commits a misdemeanor of the second degree,
   32  punishable as provided in s. 775.082 or s. 775.083. A person who
   33  violates subsection (2) a second or subsequent time commits a
   34  misdemeanor of the first degree, punishable as provided in s.
   35  775.082 or s. 775.083.
   36         (5) If a violation of subsection (2) causes or contributes
   37  to causing serious bodily injury, as defined in s. 316.1933, or
   38  death to the minor, or if the minor causes or contributes to
   39  causing serious bodily injury or death to another as a result of
   40  the minor’s consumption of alcohol or drugs at the open house
   41  party, the violation is a misdemeanor of the first degree,
   42  punishable as provided in s. 775.082 or s. 775.083.
   43         Section 2. This act shall take effect July 1, 2011.