Florida Senate - 2013                              CS for SB 874
       
       
       
       By the Committee on Regulated Industries; and Senator Galvano
       
       
       
       
       580-02034-13                                           2013874c1
    1                        A bill to be entitled                      
    2         An act relating to open parties; amending s. 856.015,
    3         F.S.; revising definitions; prohibiting a person from
    4         allowing a party to take place if a minor is in
    5         possession of or consuming alcohol or drugs; revising
    6         an exemption; providing criminal penalties; conforming
    7         provisions; providing an effective date.
    8  
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Section 856.015, Florida Statutes, is amended to
   12  read:
   13         856.015 Open house parties.—
   14         (1) Definitions.—As used in this section:
   15         (a) “Alcoholic beverage” means distilled spirits and any
   16  beverage containing 0.5 percent or more alcohol by volume. The
   17  percentage of alcohol by volume is shall be determined in
   18  accordance with the provisions of s. 561.01(4)(b).
   19         (b) “Control” means the authority or ability to regulate,
   20  direct, or dominate.
   21         (c) “Drug” means a controlled substance, as that term is
   22  defined in ss. 893.02(4) and 893.03.
   23         (d) “Minor” means an individual not legally permitted by
   24  reason of age to possess alcoholic beverages pursuant to chapter
   25  562.
   26         (e) “Open house party” means a social gathering at a
   27  residence.
   28         (e)(f) “Person” means an individual 18 years of age or
   29  older.
   30         (f) “Property” means a residence, vacant structure, or open
   31  acreage with or without a structure.
   32         (g) “Residence” means a home, apartment, condominium, or
   33  other dwelling unit.
   34         (2) A person who has having control of any property and who
   35  has actual knowledge residence may not allow an open house party
   36  to take place at the residence if any alcoholic beverage or drug
   37  is possessed or consumed at the residence by any minor where the
   38  person knows that an alcoholic beverage or drug is in the
   39  possession of or being consumed by a minor lawfully at the
   40  property, residence and where the person fails to take
   41  reasonable steps to prevent the possession or consumption of the
   42  alcoholic beverage or drug commits a violation of this section.
   43         (3) The provisions of This section does shall not apply to
   44  the use of alcoholic beverages at legally protected religious
   45  observances or activities.
   46         (4) A Any person who violates any of the provisions of
   47  subsection (2) commits a misdemeanor of the second degree,
   48  punishable as provided in s. 775.082 or s. 775.083. A person who
   49  violates subsection (2) a second or subsequent time commits a
   50  misdemeanor of the first degree, punishable as provided in s.
   51  775.082 or s. 775.083.
   52         (5) If a violation of subsection (2) causes or contributes
   53  to causing serious bodily injury, as defined in s. 316.1933, or
   54  death to the minor, or if the minor causes or contributes to
   55  causing serious bodily injury or death to another as a result of
   56  the minor’s consumption of alcohol or drugs at the open house
   57  party, the violation is a misdemeanor of the first degree,
   58  punishable as provided in s. 775.082 or s. 775.083.
   59         Section 2. This act shall take effect July 1, 2013.