Florida Statute 856.15 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 856
DRUNKENNESS; OPEN HOUSE PARTIES; LOITERING; PROWLING; DESERTION

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F.S. 856.015

856.015 Open house parties.—

(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.

(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.

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Amendments to 856.015

Annotations, Discussions, Cases:

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

Cases Citing Statute 856.015

Total Results: 15

Bunkley v. State

882 So. 2d 890, 2004 WL 1171315

Supreme Court of Florida | Filed: May 27, 2004 | Docket: 1686286

Cited 13 times | Published

careful and prudent manner....") (emphasis added); § 856.015(2), Fla. Stat. (2001) ("No adult having control

Bunkley v. State

833 So. 2d 739, 2002 WL 31600039

Supreme Court of Florida | Filed: Nov 21, 2002 | Docket: 1675641

Cited 11 times | Published

careful and prudent manner....") (emphasis added); § 856.015(2), Fla. Stat. (2001) ("No adult having control

Newsome v. Haffner

710 So. 2d 184, 1998 WL 204780

District Court of Appeal of Florida | Filed: Apr 29, 1998 | Docket: 1731560

Cited 11 times | Published

of § 856.015, Florida Statutes. Commonly known as the "open house party" statute, section 856.015 provides

State v. Klayman

835 So. 2d 248, 2002 WL 31519926

Supreme Court of Florida | Filed: Nov 14, 2002 | Docket: 1643097

Cited 10 times | Published

careful and prudent manner....") (emphasis added); § 856.015(2), Fla. Stat. (2001) ("No adult having control

State v. Manfredonia

649 So. 2d 1388, 1995 WL 48440

Supreme Court of Florida | Filed: Feb 9, 1995 | Docket: 1320687

Cited 9 times | Published

1993), in which the district court declared section 856.015, Florida Statutes (1991), unconstitutionally

In re Standard Jury Instructions in Criminal Cases-Report No. 2012-04

131 So. 3d 720, 38 Fla. L. Weekly Supp. 877, 2013 WL 6305393, 2013 Fla. LEXIS 2640

Supreme Court of Florida | Filed: Dec 5, 2013 | Docket: 60238161

Cited 5 times | Published

jury instruction. The citation should be to section 856.015, which involves open house parties. Therefore

Archbishop Coleman F. Carroll High School, Inc. v. Maynoldi

30 So. 3d 533, 2010 Fla. App. LEXIS 1352, 2010 WL 445709

District Court of Appeal of Florida | Filed: Feb 10, 2010 | Docket: 1639241

Cited 4 times | Published

consumption of the alcoholic beverage or drug. § 856.015(2), Fla. Stat. (2001). At the time of the off-campus

Trainor v. Estate of Hansen

740 So. 2d 1201, 1999 WL 518913

District Court of Appeal of Florida | Filed: Jul 23, 1999 | Docket: 1746236

Cited 3 times | Published

negligence per se based on an alleged violation of section 856.015, Florida Statutes (1995). Accordingly, we reverse

State v. Alves

610 So. 2d 591, 1992 WL 362209

District Court of Appeal of Florida | Filed: Dec 11, 1992 | Docket: 1414006

Cited 1 times | Published

information charging Alves with a violation of section 856.015, Florida Statutes (1991). We have jurisdiction

Stricklin v. Allen

District Court of Appeal of Florida | Filed: Feb 5, 2025 | Docket: 69612566

Published

interaction between the open house party statute, section 856.015, Florida Statutes (2018), and the alcohol or

Citizens Property Insurance Corp. v. Cook

93 So. 3d 479, 2012 WL 2935987, 2012 Fla. App. LEXIS 11745

District Court of Appeal of Florida | Filed: Jul 20, 2012 | Docket: 60310612

Published

to the minors at the party in violation of section 856.015, Florida Statutes (2008). The minors became

Santarelli v. State

62 So. 3d 1211, 2011 Fla. App. LEXIS 8818, 2011 WL 2268959

District Court of Appeal of Florida | Filed: Jun 10, 2011 | Docket: 2362049

Published

that the defendant, through her violation of section 856.015 of the Florida Statutes (2008) (Florida's open

Ago

Florida Attorney General Reports | Filed: Jun 15, 2009 | Docket: 3255559

Published

permanently or is visiting as an invited guest. Section 856.015(1)(g), Florida Statutes, relating to open house

State v. Rizzitello

661 So. 2d 136, 1995 Fla. App. LEXIS 10675, 1995 WL 594953

District Court of Appeal of Florida | Filed: Oct 11, 1995 | Docket: 64759189

Published

information charging appellee with a violation of section 856.015, Florida Statutes (1993). The trial court based

State v. Manfredonia

629 So. 2d 306, 1993 Fla. App. LEXIS 13234, 1993 WL 533797

District Court of Appeal of Florida | Filed: Dec 22, 1993 | Docket: 64745028

Published

orders, one as to each appellee, that found section 856.015, Florida Statutes (1991) unconstitutional on