Florida Senate - 2017 SB 1254
By Senator Rouson
19-01557A-17 20171254__
1 A bill to be entitled
2 An act relating to drugs and alcohol; amending s.
3 768.125, F.S.; providing that a person who knowingly
4 furnishes alcoholic beverages to a person who is
5 visibly intoxicated is liable for injury or damage
6 caused by or resulting from the furnishing of
7 alcoholic beverages to such person; providing that a
8 person who knowingly furnishes alcoholic beverages to
9 a minor is liable for injury or damage caused by or
10 resulting from the furnishing of alcoholic beverages
11 to the minor; providing that a person who furnishes
12 alcoholic beverages to a person habitually addicted to
13 the use of alcoholic beverages is liable for injury or
14 damage caused by or resulting from the furnishing of
15 alcoholic beverages to such person; providing that the
16 furnishing of an alcoholic beverage to a minor creates
17 a rebuttable presumption that the alcoholic beverage
18 was knowingly furnished to such minor; providing that
19 the presumption may be rebutted by a showing that the
20 person who furnished the alcoholic beverage to the
21 minor first obtained proof of the minor’s age by
22 reviewing a specified document; amending s. 856.015,
23 F.S.; defining the terms “open party” and “property”;
24 deleting the definition of the term “residence”;
25 providing a criminal penalty for a person who controls
26 a property, has actual knowledge that an alcoholic
27 beverage or drug is in the possession of or being
28 consumed by a minor in or at the property, and fails
29 to take reasonable steps to prevent the possession or
30 consumption of the alcoholic beverage or drug by the
31 minor and for second or subsequent violations;
32 providing that such a person is liable for any injury
33 or damage caused by or resulting from the possession
34 or consumption of alcoholic beverages or drugs at an
35 open party; conforming provisions to changes made by
36 the act; providing an effective date.
37
38 Be It Enacted by the Legislature of the State of Florida:
39
40 Section 1. Section 768.125, Florida Statutes, is amended to
41 read:
42 768.125 Liability for injury or damage resulting from
43 intoxication.—
44 (1)(a) Any A person who knowingly sells or furnishes
45 alcoholic beverages to a person who is visibly intoxicated is of
46 lawful drinking age shall not thereby become liable for injury
47 or damage caused by or resulting from the furnishing of
48 alcoholic beverages to the intoxication of such person., except
49 that
50 (b) Any A person who willfully and unlawfully sells or
51 knowingly furnishes alcoholic beverages to a minor as defined in
52 s. 856.015 is liable for injury or damage caused by or resulting
53 from the furnishing of alcoholic beverages to the minor. person
54 who is not of lawful drinking age or
55 (c) Any person who furnishes alcoholic beverages to who
56 knowingly serves a person habitually addicted to the use of any
57 or all alcoholic beverages is may become liable for injury or
58 damage caused by or resulting from the furnishing of alcoholic
59 beverages to the intoxication of such minor or person.
60 (2) For purposes of this section, the furnishing of an
61 alcoholic beverage to a minor creates a rebuttable presumption
62 that the alcoholic beverage was knowingly furnished to such
63 minor. The presumption may be rebutted by a showing that the
64 person who furnished the alcoholic beverage to the minor first
65 obtained proof of the minor’s age by reviewing his or her:
66 (a) Driver license issued by a state of the United States;
67 (b) Identification card issued pursuant to s. 322.051;
68 (c) United States Uniformed Services identification card;
69 (d) Passport; or
70 (e) Other photographic identification issued by a state or
71 a political subdivision of a state.
72 Section 2. Section 856.015, Florida Statutes, is amended to
73 read
74 856.015 Open house parties.—
75 (1) Definitions.—As used in this section:
76 (a) “Alcoholic beverage” means distilled spirits and any
77 beverage containing 0.5 percent or more alcohol by volume. The
78 percentage of alcohol by volume is shall be determined in
79 accordance with the provisions of s. 561.01(4)(b).
80 (b) “Control” means the authority or ability to regulate,
81 direct, or dominate.
82 (c) “Drug” means a controlled substance, as that term is
83 defined in ss. 893.02(4) and 893.03.
84 (d) “Minor” means an individual not legally permitted by
85 reason of age to possess alcoholic beverages pursuant to chapter
86 562.
87 (e) “Open house party” means a social gathering at a
88 property residence.
89 (f) “Person” means an individual 18 years of age or older.
90 (g) “Property” means a residence, vacant structure, or open
91 land with or without a structure “Residence” means a home,
92 apartment, condominium, or other dwelling unit.
93 (2) Any A person who controls a property, has actual
94 knowledge having control of any residence may not allow an open
95 house party to take place at the residence if any alcoholic
96 beverage or drug is possessed or consumed at the residence by
97 any minor where the person knows that an alcoholic beverage or
98 drug is in the possession of or being consumed by a minor in or
99 at the property, and residence and where the person fails to
100 take reasonable steps to prevent the possession or consumption
101 of the alcoholic beverage or drug by the minor commits a
102 misdemeanor of the second degree, punishable as provided in s.
103 775.082 or s. 775.083. A person who violates this subsection a
104 second or subsequent time commits a misdemeanor of the first
105 degree, punishable as provided in s. 775.082 or s. 775.083.
106 (3) The provisions of This section does shall not apply to
107 the use of alcoholic beverages at legally protected religious
108 observances or activities.
109 (4) Any person who violates any of the provisions of
110 subsection (2) commits a misdemeanor of the second degree,
111 punishable as provided in s. 775.082 or s. 775.083. A person who
112 violates subsection (2) a second or subsequent time commits a
113 misdemeanor of the first degree, punishable as provided in s.
114 775.082 or s. 775.083.
115 (4)(5) If a violation of subsection (2) causes or
116 contributes to causing serious bodily injury, as defined in s.
117 316.1933, or death to the minor, or if the minor causes or
118 contributes to causing serious bodily injury or death to another
119 as a result of the minor’s consumption of alcohol or drugs at
120 the open house party, the violation is a misdemeanor of the
121 first degree, punishable as provided in s. 775.082 or s.
122 775.083.
123 (5) A person who violates subsection (2) is liable for any
124 injury or damage caused by or resulting from the possession or
125 consumption of alcoholic beverages or drugs at an open party.
126 Section 3. This act shall take effect October 1, 2017.