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A bill to be entitled

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An act relating to open house parties; amending s. 856.015

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F.S.; redefining the term "residence" to include a hotel

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room; providing that a person who has control of a

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residence and who allows an open house party in the

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residence may be liable for injury or damage caused as a

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result of the open house party; increasing the penalty for

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a first offense for serving an alcoholic beverage or drugs

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to a minor from a misdemeanor of the second degree to a

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misdemeanor of the first degree; providing that if a

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person serves an alcoholic beverage or drugs to a minor at

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an open house party a second or subsequent time, the

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person commits a felony of the third degree; providing

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criminal penalties; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 856.015, Florida Statutes, is amended to

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read:

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     856.015  Open house parties.--

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     (1)  Definitions.--As used in this section:

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     (a)  "Alcoholic beverage" means distilled spirits and any

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beverage containing 0.5 percent or more alcohol by volume. The

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percentage of alcohol by volume shall be determined in accordance

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with the provisions of s. 561.01(4)(b).

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     (b)  "Control" means the authority or ability to regulate,

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direct, or dominate.

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     (c)  "Drug" means a controlled substance, as that term is

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defined in ss. 893.02(4) and 893.03.

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     (d)  "Minor" means an individual not legally permitted by

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reason of age to possess alcoholic beverages pursuant to chapter

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562.

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     (e)  "Open house party" means a social gathering at a

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residence.

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     (f)  "Person" means an individual 18 years of age or older.

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     (g) "Residence" means a home, apartment, condominium, hotel

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room, or other dwelling unit.

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     (2) A No person having control of any residence may not

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shall allow an open house party to take place at the said

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residence if any alcoholic beverage or drug is possessed or

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consumed at the said residence by any minor when where the person

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knows that an alcoholic beverage or drug is in the possession of

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or being consumed by a minor at the said residence and when where

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the person fails to take reasonable steps to prevent the

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possession or consumption of the alcoholic beverage or drug.

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     (3) The provisions of This section does shall not apply to

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the use of alcoholic beverages at legally protected religious

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observances or activities.

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     (4) A person who violates subsection (2) may be liable for

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injury or damage caused by or resulting from the possession or

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consumption of alcoholic beverages or drugs at an open house

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party.

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     (5)(4) A Any person who violates any of the provisions of

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subsection (2) commits a misdemeanor of the first second degree,

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punishable as provided in s. 775.082 or s. 775.083. A person who

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violates subsection (2) a second or subsequent time commits a

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felony of the third degree, punishable as provided in s. 775.082,

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s. 775.083, or s. 775.084.

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     Section 2.  This act shall take effect July 1, 2008.