Florida Statutes
Fla. Stat. § 856.015 (2025)
Open house parties.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Arrestable Offenses under F.S. 856.015
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§856.015(2)CONTRIB DELINQ MINORALLOW MINOR ALCOHOL DRUG OPEN HOUSE PARTY
§856.015(2)CONTRIB DELINQ MINORALLOW MINOR ALCH DRUG HOUSE PARTY SUBSQ OFF
§856.015(2)CONTRIB DELINQ MINOROPEN HOUSE PARTY VIOL SERIOUS INJURY DEATH
Notes of Decisions
Cited in 15
cases (1 in the last 5 years), 1992–2025 · leading case: State v. Manfredonia, 649 So. 2d 1388 (Fla. 1995).
State v. Manfredonia, 649 So. 2d 1388 (Fla. 1995). “2d DCA 1993), in which the district court declared section 856.015, Florida Statutes (1991), unconstitutionally vague.”
In re Stand. Jury Instructions in Crim. Cases-Report No. 2012-04, 131 So. 3d 720 (Fla. 2013). “§ 856.015, Fla. Stat. “Alcoholic beverage” means distilled spirits and any beverage containing 0.”
Newsome v. Haffner, 710 So. 2d 184 (Fla. 1st DCA 1998). “We conclude that the complaint should not have been dismissed in its entirety, as a sufficient claim was made for social host liability under a theory of negligence per se, based on an alleged violation of § 856.015, Florida Statutes. Commonly known as the "open house party"…”
Trainor v. Est. of Hansen, 740 So. 2d 1201 (Fla. 2d DCA 1999). “We conclude, however, that count II of the complaint should not have been dismissed because it stated a cause of action for social host liability under a theory of negligence per se based on an alleged violation of section 856.015, Florida Statutes (1995).”
Bunkley v. State, 882 So. 2d 890 (Fla. 2004). “") (emphasis added); § 856.015(2), Fla. Stat. (2001) ("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 .”
State v. Klayman, 835 So. 2d 248 (Fla. 2002). “") (emphasis added); § 856.015(2), Fla. Stat. (2001) ("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.”
Bunkley v. State, 833 So. 2d 739 (Fla. 2002). “") (emphasis added); § 856.015(2), Fla. Stat. (2001) ("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.”
Juliano v. Simpson, 461 Mass. 527 (Mass. 2012). “02 (c) (West 2007) (applies to hosts twenty-one years or older, and only where drinking guest is under eighteen years).”
Archbishop Coleman F. Carroll High Sch., Inc. v. Maynoldi, 30 So. 3d 533 (Fla. 3d DCA 2010). “§ 856.015(2), Fla. Stat. (2001). At the time of the off-campus party attended by Gabriel, the application of this criminal provision was well settled.”
State v. Alves, 610 So. 2d 591 (Fla. 5th DCA 1992). “Alves' motion to dismiss an information charging Alves with a violation of section 856.015, Florida Statutes (1991).”
Stricklin v. Allen (Fla. 1st DCA 2025). “The case concerns the interaction between the open house party statute, section 856.015, Florida Statutes (2018), and the alcohol or drug defense statute, section 768.”
Santarelli v. State, 62 So. 3d 1211 (Fla. 5th DCA 2011). “See § 856.015, Fla. Stat. (2008). 2 . See § 827.”
— 856.015(1)(f) — 1 case
State v. Alves, 610 So. 2d 591 (Fla. 5th DCA 1992). “Alves' motion to dismiss an information charging Alves with a violation of section 856.015, Florida Statutes (1991).”
— 856.015(2) — 7 cases
Bunkley v. State, 882 So. 2d 890 (Fla. 2004). “") (emphasis added); § 856.015(2), Fla. Stat. (2001) ("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 .”
State v. Klayman, 835 So. 2d 248 (Fla. 2002). “") (emphasis added); § 856.015(2), Fla. Stat. (2001) ("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.”
Bunkley v. State, 833 So. 2d 739 (Fla. 2002). “") (emphasis added); § 856.015(2), Fla. Stat. (2001) ("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.”
State v. Manfredonia, 649 So. 2d 1388 (Fla. 1995). “2d DCA 1993), in which the district court declared section 856.015, Florida Statutes (1991), unconstitutionally vague.”
Archbishop Coleman F. Carroll High Sch., Inc. v. Maynoldi, 30 So. 3d 533 (Fla. 3d DCA 2010). “§ 856.015(2), Fla. Stat. (2001). At the time of the off-campus party attended by Gabriel, the application of this criminal provision was well settled.”
— 856.015(3) — 1 case
State v. Alves, 610 So. 2d 591 (Fla. 5th DCA 1992). “Alves' motion to dismiss an information charging Alves with a violation of section 856.015, Florida Statutes (1991).”
— 856.015(4) — 1 case
Stricklin v. Allen (Fla. 1st DCA 2025). “The case concerns the interaction between the open house party statute, section 856.015, Florida Statutes (2018), and the alcohol or drug defense statute, section 768.”
— 856.015(5) — 1 case
In re Stand. Jury Instructions in Crim. Cases-Report No. 2012-04, 131 So. 3d 720 (Fla. 2013). “§ 856.015, Fla. Stat. “Alcoholic beverage” means distilled spirits and any beverage containing 0.”
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