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Florida statute

Fla. Stat. § 856.015 — Open house parties

Current through 2025 Florida Statutes

Part of Chapter 856: Drunkenness; Open House Parties; Loitering; Prowling; Desertion, Florida Statutes.

Criminal charges under this statute

Full text of Fla. Stat. § 856.015

Statutory text current through the 2025 Florida Statutes. This publication reproduces the official statutory text; it is not the official statutes of the State of Florida.

Fla. Stat. § 856.015Primary source, current through the 2025 Florida Statutes
(1) As used in this section:(a) “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).(b) “Control” means the authority or ability to regulate, direct, or dominate.(c) “Drug” means a controlled substance, as that term is defined in ss. 893.02(4) and 893.03.(d) “Minor” means an individual not legally permitted by reason of age to possess alcoholic beverages pursuant to chapter 562.(e) “Open house party” means a social gathering at a residence.(f) “Person” means an individual 18 years of age or older.(g) “Residence” means a home, apartment, condominium, or other dwelling unit. (2) A person having control of any residence may not allow an open house party to take place at the residence if any alcoholic beverage or drug is possessed or consumed at the residence by any minor where the person knows that an alcoholic beverage or drug is in the possession of or being consumed by a minor at the residence and where the person 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) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. A person who violates subsection (2) a second or subsequent time commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (5) If a violation of subsection (2) causes or contributes to causing serious bodily injury, as defined in s. 316.1933, or death to the minor, or if the minor causes or contributes to causing serious bodily injury or death to another as a result of the minor’s consumption of alcohol or drugs at the open house party, the violation is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

Official sources

Legal terms used in this section

Questions this section answers

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))

Which Florida statute covers open house parties?

Open house parties is governed by Fla. Stat. § 856.015 (Open house parties).

This reference is informational and is not legal advice.