Florida Senate - 2012                                     SB 688
       
       
       
       By Senator Bennett
       
       
       
       
       21-00518-12                                            2012688__
    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 to
   18  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.