HB 585

1	A bill to be entitled
2	An act relating to open parties; amending s. 856.015,
3	F.S.; revising definitions to apply the restrictions
4	formerly applicable to open house parties to all open
5	parties, not solely those parties occurring in a
6	residence; prohibiting a person from allowing an open
7	party to take place on premises under his or her
8	control if the person knows that an alcoholic beverage
9	or drug is in the possession of or being consumed by a
10	minor on the premises; prohibiting a person from
11	providing an alcoholic beverage or drug to a minor at
12	an open party; providing criminal penalties; providing
13	an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Section 856.015, Florida Statutes, is amended
18	to read:
19	856.015  Open house parties.-
20	(1)  Definitions.-As used in this section, the term:
21	(a)  "Alcoholic beverage" means distilled spirits and any
22	beverage containing 0.5 percent or more alcohol by volume. The
23	percentage of alcohol by volume shall be determined in
24	accordance with the provisions of s. 561.01(4)(b).
25	(b)  "Control" means the authority or ability to regulate,
26	direct, or dominate.
27	(c)  "Drug" means a controlled substance, as that term is
28	defined in ss. 893.02(4) and 893.03.
29	(d)  "Minor" means an individual not legally permitted by
30	reason of age to possess alcoholic beverages pursuant to chapter
31	562.
32	(e)  "Open house party" means a social gathering at a
33	residence.
34	(f)  "Person" means an individual 18 years of age or older
35	having control of the premises where an open party is held.
36	(g)  "Residence" means a home, apartment, condominium, or
37	other dwelling unit.
38	(2)  A person having control of any residence may not allow
39	an open house party to take place on premises under his or her
40	control at the residence if any alcoholic beverage or drug is
41	possessed or consumed at the residence by any minor, where the
42	person knows that an alcoholic beverage or drug is in the
43	possession of or being consumed by a minor, at the residence and
44	where the person fails to take reasonable steps to prevent the
45	possession or consumption of the alcoholic beverage or drug.
46	(3)  A person may not provide an alcoholic beverage or drug
47	to a minor at an open party.
48	(4)(3)  The provisions of This section does shall not apply
49	to the use of alcoholic beverages at legally protected religious
50	observances or activities.
51	(5)(4)  A Any person who violates any of the provisions of
52	subsection (2) commits a misdemeanor of the second degree,
53	punishable as provided in s. 775.082 or s. 775.083. A person who
54	violates subsection (2) a second or subsequent time commits a
55	misdemeanor of the first degree, punishable as provided in s.
56	775.082 or s. 775.083.
57	(6)(5)  If a violation of subsection (2) causes or
58	contributes to causing serious bodily injury, as defined in s.
59	316.1933, or death to the minor, or if the minor causes or
60	contributes to causing serious bodily injury or death to another
61	as a result of the minor's consumption of alcohol or drugs at
62	the open house party, the violation is a misdemeanor of the
63	first degree, punishable as provided in s. 775.082 or s.
64	775.083.
65	Section 2.  This act shall take effect July 1, 2012.

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