1998 Florida Code
TITLE XLVI CRIMES
Chapter 856 Drunkenness; Open House Parties; Loitering; Prowling; Desertion  
856.015   Open house parties.

856.015  Open house parties.--

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

(a)  "Adult" means a person not legally prohibited by reason of age from possessing alcoholic beverages pursuant to chapter 562.

(b)  "Alcoholic beverage" means distilled spirits and any beverage containing 0.5 percent or more alcohol by volume. The percentage of alcohol by volume shall be determined in accordance with the provisions of s. 561.01(4)(b).

(c)  "Control" means the authority or ability to regulate, direct, or dominate.

(d)  "Drug" means a controlled substance, as that term is defined in ss. 893.02(4) and 893.03.

(e)  "Minor" means a person not legally permitted by reason of age to possess alcoholic beverages pursuant to chapter 562.

(f)  "Open house party" means a social gathering at a residence.

(g)  "Residence" means a home, apartment, condominium, or other dwelling unit.

(2)  No adult having control of any residence shall allow an open house party to take place at said residence if any alcoholic beverage or drug is possessed or consumed at said residence by any minor where the adult knows that an alcoholic beverage or drug is in the possession of or being consumed by a minor at said residence and where the adult fails to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug.

(3)  The provisions of this section shall not apply to the use of alcoholic beverages at legally protected religious observances or activities.

(4)  Any person who violates any of the provisions of subsection (2) is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.--ss. 4, 5, 6, 7, ch. 88-196; ss. 64, 65, 66, 67, ch. 88-381; s. 45, ch. 91-110; s. 217, ch. 91-224; s. 103, ch. 97-264.