CS/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 or
8contributes to causing serious bodily injury or death to
9the minor, or causes or contributes to causing serious
10bodily injury or death to another person as a result of
11the minor's consumption of alcohol or drugs at the open
12house party; providing criminal penalties; providing an
13effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Subsections (2) and (4) of section 856.015,
18Florida Statutes, are amended, and subsection (5) is added to
19that section, to read:
20     856.015  Open house parties.-
21     (2)  A No person having control of any residence may not
22shall allow an open house party to take place at the said
23residence if any alcoholic beverage or drug is possessed or
24consumed at the said residence by any minor where the person
25knows that an alcoholic beverage or drug is in the possession of
26or being consumed by a minor at the said residence and where the
27person fails to take reasonable steps to prevent the possession
28or consumption of the alcoholic beverage or drug.
29     (4)  Any person who violates any of the provisions of
30subsection (2) commits a misdemeanor of the second degree,
31punishable as provided in s. 775.082 or s. 775.083. A person who
32violates subsection (2) a second or subsequent time commits a
33misdemeanor of the first degree, punishable as provided in s.
34775.082 or s. 775.083.
35     (5)  If a violation of subsection (2) causes or contributes
36to causing serious bodily injury, as defined in s. 316.1933, or
37death to the minor, or if the minor causes or contributes to
38causing serious bodily injury or death to another as a result of
39the minor's consumption of alcohol or drugs at the open house
40party, the violation is a misdemeanor of the first degree,
41punishable as provided in s. 775.082 or s. 775.083.
42     Section 2.  This act shall take effect July 1, 2011.


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