Florida criminal charge
Open house parties in Florida
Open house parties is a criminal offense under Florida law, defined by Fla. Stat. § 856.015. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 856.015.
What is the penalty for open house parties in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 60 days (Open house party violation — first offense — A person having control of a residence violates subsection (2) by allowing an open house party where a minor possesses or consumes alcohol or drugs, and this is the person's first such violation.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $500 (Open house party violation — first offense — A person having control of a residence violates subsection (2) by allowing an open house party where a minor possesses or consumes alcohol or drugs, and this is the person's first such violation.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 1 year (Open house party violation — second or subsequent offense — A person violates subsection (2) a second or subsequent time.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Open house party violation — second or subsequent offense — A person violates subsection (2) a second or subsequent time.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 1 year (Open house party violation causing serious bodily injury or death — A violation of subsection (2) causes or contributes to causing serious bodily injury or death to the minor, or the minor causes or contributes to causing serious bodily injury or death to another as a result of consuming alcohol or drugs at the open house party.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Open house party violation causing serious bodily injury or death — A violation of subsection (2) causes or contributes to causing serious bodily injury or death to the minor, or the minor causes or contributes to causing serious bodily injury or death to another as a result of consuming alcohol or drugs at the open house party.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is open house parties classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Open house party violation — first offense | Misdemeanor of the Second Degree | A person having control of a residence violates subsection (2) by allowing an open house party where a minor possesses or consumes alcohol or drugs, and this is the person's first such violation. | Fla. Stat. § 856.015(4) |
| Open house party violation — second or subsequent offense | Misdemeanor of the First Degree | A person violates subsection (2) a second or subsequent time. | Fla. Stat. § 856.015(4) |
| Open house party violation causing serious bodily injury or death | Misdemeanor of the First Degree | A violation of subsection (2) causes or contributes to causing serious bodily injury or death to the minor, or the minor causes or contributes to causing serious bodily injury or death to another as a result of consuming alcohol or drugs at the open house party. | Fla. Stat. § 856.015(5) |
Common questions about open house parties in Florida
Is open house parties a felony or a misdemeanor in Florida?
It depends on the circumstances: open house parties ranges from a Misdemeanor of the Second Degree to a Misdemeanor of the First Degree in Florida under Fla. Stat. § 856.015.
Open house party violation — first offense: Misdemeanor of the Second Degree (Fla. Stat. § 856.015(4)) · Open house party violation — second or subsequent offense: Misdemeanor of the First Degree (Fla. Stat. § 856.015(4)) · Open house party violation causing serious bodily injury or death: Misdemeanor of the First Degree (Fla. Stat. § 856.015(5))
What are the penalties for open house parties in Florida?
Penalties for open house parties in Florida depend on how it is classified — from a Misdemeanor of the Second Degree up to a Misdemeanor of the First Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers open house parties?
Open house parties is governed by Fla. Stat. § 856.015 (Open house parties).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.