Florida Senate - 2011 CS for SB 746
By the Committee on Criminal Justice; and Senator Altman
591-03788-11 2011746c1
1 A bill to be entitled
2 An act relating to open house parties; amending s.
3 856.015, F.S.; providing that a person who violates
4 the open house party statute a second or subsequent
5 time commits a misdemeanor of the first degree;
6 providing that a person commits a misdemeanor of the
7 first degree if the violation of the open house party
8 statute causes or contributes to causing serious
9 bodily injury or death to the minor, or causes or
10 contributes to causing serious bodily injury or death
11 to another person as a result of the minor’s
12 consumption of alcohol or drugs at the open house
13 party; providing criminal penalties; providing an
14 effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Subsections (2) and (4) of section 856.015,
19 Florida Statutes, are amended, and subsection (5) is added to
20 that section, to read:
21 856.015 Open house parties.—
22 (2) A No person having control of any residence may not
23 shall allow an open house party to take place at the said
24 residence if any alcoholic beverage or drug is possessed or
25 consumed at the said residence by any minor where the person
26 knows that an alcoholic beverage or drug is in the possession of
27 or being consumed by a minor at the said residence and where the
28 person fails to take reasonable steps to prevent the possession
29 or consumption of the alcoholic beverage or drug.
30 (4) Any person who violates any of the provisions of
31 subsection (2) commits a misdemeanor of the second degree,
32 punishable as provided in s. 775.082 or s. 775.083. A person who
33 violates subsection (2) a second or subsequent time commits a
34 misdemeanor of the first degree, punishable as provided in s.
35 775.082 or s. 775.083.
36 (5) If a violation of subsection (2) causes or contributes
37 to causing serious bodily injury, as defined in s. 316.1933, or
38 death to the minor, or if the minor causes or contributes to
39 causing serious bodily injury or death to another as a result of
40 the minor’s consumption of alcohol or drugs at the open house
41 party, the violation is a misdemeanor of the first degree,
42 punishable as provided in s. 775.082 or s. 775.083.
43 Section 2. This act shall take effect July 1, 2011.