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Florida Statute 856.015 | Lawyer Caselaw & Research
F.S. 856.015 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 856.015

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 856
DRUNKENNESS; OPEN HOUSE PARTIES; LOITERING; PROWLING; DESERTION
View Entire Chapter
F.S. 856.015
856.015 Open house parties.
(1) Definitions.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.
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; s. 9, ch. 99-186; s. 19, ch. 2000-320; s. 1, ch. 2002-60; s. 9, ch. 2002-78; s. 1, ch. 2011-161; s. 30, ch. 2016-145.

F.S. 856.015 on Google Scholar

F.S. 856.015 on Casetext

Amendments to 856.015


Arrestable Offenses / Crimes under Fla. Stat. 856.015
Level: Degree
Misdemeanor/Felony: First/Second/Third

S856.015 2 - CONTRIB DELINQ MINOR - ALLOW MINOR ALCOHOL DRUG OPEN HOUSE PARTY - M: S
S856.015 2 - CONTRIB DELINQ MINOR - ALLOW MINOR ALCH DRUG HOUSE PARTY SUBSQ OFF - M: F
S856.015 2 - CONTRIB DELINQ MINOR - OPEN HOUSE PARTY VIOL SERIOUS INJURY DEATH - M: F



Annotations, Discussions, Cases:

Cases from cite.case.law:

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 131 So. 3d 720 (Fla. 2013)

. . . The citation should be to section 856.015, which involves open house parties. . . . was adopted in 2013. 29.17 ALLOWING AN OPEN HOUSE PARTY THAT CAUSED [DEATH] [SERIOUS BODILY INJURY] § 856.015 . . . Definitions. § 856.015, Fla. Stat. . . . Lesser Included Offenses ALLOWING AN OPEN HOUSE PARTY THAT CAUSED [DEATH] [SERIOUS BODILY INJURY] — 856.015 . . . Allowing an Open 856.015(4) House Party Comment This instruction was adopted in 2013. . . . .

CITIZENS PROPERTY INSURANCE CORPORATION, v. M. COOK,, 93 So. 3d 479 (Fla. Dist. Ct. App. 2012)

. . . served or allowed alcoholic beverages to be served to the minors at the party in violation of section 856.015 . . .

SANTARELLI, v. STATE, 62 So. 3d 1211 (Fla. Dist. Ct. App. 2011)

. . . The two manslaughter counts alleged that the defendant, through her violation of section 856.015 of the . . . and that a violation of section 856.015 cannot legally constitute culpable negligence. . . . , in a civil prosecution under section 856.015, a defendant cannot be sued for punitive damages. . . . See § 856.015, Fla. Stat. (2008). . See § 827.04(l)(a), Fla. Stat. (2008). .See § 782.07(1), Fla. . . . Section 856.015 of the Florida Statutes (2008) provides: 856.015. . . .

ARCHBISHOP COLEMAN F. CARROLL HIGH SCHOOL, INC. v. MAYNOLDI, 30 So. 3d 533 (Fla. Dist. Ct. App. 2010)

. . . . § 856.015(2), Fla. Stat. (2001). . . .

L. MANNING, v. STATE, 957 So. 2d 111 (Fla. Dist. Ct. App. 2007)

. . . Payment to the fund may be “imposed for any criminal violation of s.316.193. s.856.011, s.856.015, or . . .

BUNKLEY, v. STATE, 882 So. 2d 890 (Fla. 2004)

. . . (emphasis added); § 856.015(2), Fla. . . .

BUNKLEY, v. STATE, 833 So. 2d 739 (Fla. 2002)

. . . (emphasis added); § 856.015(2), Fla. . . .

STATE v. KLAYMAN,, 835 So. 2d 248 (Fla. 2002)

. . . (emphasis added); § 856.015(2), Fla. . . .

TRAINOR, v. ESTATE OF HANSEN,, 740 So. 2d 1201 (Fla. Dist. Ct. App. 1999)

. . . social host liability under a theory of negligence per se based on an alleged violation of section 856.015 . . . The order states in relevant part: “As to Count II, the court holds that § 856.015, Florida Statutes, . . . The court in Newsome reasoned: [Section 856.015] is clearly designed to protect minors from the harm . . . Section 856.015 extends such criminal responsibility to a social host at a residence with an open house . . . By enacting section 856.015, the legislature has therefore imposed a duty of care on social hosts and . . .

M. NEWSOME, v. HAFFNER,, 710 So. 2d 184 (Fla. Dist. Ct. App. 1998)

. . . made for social host liability under a theory of negligence per se, based on an alleged violation of § 856.015 . . . Commonly known as the “open house party” statute, section 856.015 provides, at subsection (2), that: . . . Section 856.015 extends such criminal responsibility to a social host at a residence with an open house . . . By enacting section 856.015, the legislature has therefore imposed a duty of care on social hosts and . . .

STATE v. RIZZITELLO,, 661 So. 2d 136 (Fla. Dist. Ct. App. 1995)

. . . appeals from the trial court’s dismissal of its information charging appellee with a violation of section 856.015 . . . The supreme court, however, has since declared section 856.015 constitutional. State v. . . .

STATE v. MANFREDONIA D., 649 So. 2d 1388 (Fla. 1995)

. . . Manfredonia, 629 So.2d 306 (Fla. 2d DCA 1993), in which the district court declared section 856.015, . . . James Slayton and Mary Manfredonia were charged in unrelated eases with violating section 856.015, Florida . . . Section 856.015 states, in pertinent part: No adult having control of any residence shall allow an open . . . take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug. § 856.015 . . . Alves, 610 So.2d 591 (Fla. 5th DCA 1992), held that section 856.015 was unconstitutionally vague and . . .

STATE v. MANFREDONIA D., 629 So. 2d 306 (Fla. Dist. Ct. App. 1993)

. . . this appeal, the state challenges two trial court orders, one as to each appellee, that found section 856.015 . . .

STATE v. L. ALVES,, 610 So. 2d 591 (Fla. Dist. Ct. App. 1992)

. . . Alves’ motion to dismiss an information charging Alves with a violation of section 856.015, Florida Statutes . . . The motion challenged the facial validity of the statute which provides: 856.015 Open house parties.— . . . A cursory reading of section 856.015 conveys a warning that a criminal offense will occur if an adult . . . the trial court’s dismissal of the information filed against Alves and its declaration that section 856.015 . . .