Open House Party
Allowing an open house party at a residence under an adult's control when the adult knows a minor possesses or consumes alcohol or a controlled substance and fails to take reasonable steps to prevent it.
Florida Statute
§ 856.015
Open house parties
Verified against the 2026 Florida Statutes: September 13, 2026
Quick Summary
This offense applies to a person 18 or older who controls the residence. Confirm the party, the minor's possession or consumption, knowledge, and the failure to take reasonable steps to prevent it.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Baseline Violation
F.S. § 856.015(2), (4)
Knowingly allowing an open house party when the statutory elements are met.
Repeat Violation or Serious Injury/Death
F.S. § 856.015(4)-(5)
A second or subsequent violation, or a violation that causes or contributes to serious bodily injury or death under the circumstances specified by the statute.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
All of the following must be proven
The defendant was 18 years of age or older and had control of a residence.
Plain language: The defendant was an adult who controlled the home or residence.
- Element 2AND — Required
All of the following must be proven
An open house party took place at that residence and a person younger than 21 possessed or consumed an alcoholic beverage or controlled substance at the party.
Plain language: There was a party at the residence, and someone under 21 had alcohol or a controlled substance.
- Element 3AND — Required
All of the following must be proven
The defendant knew that the person younger than 21 possessed or consumed the alcoholic beverage or controlled substance and failed to take reasonable steps to prevent it.
Jury Instructions
Jury Instructions
Instruction 30.10
Allowing an Open House Party That Caused Death or Serious Bodily Injury
Use for the enhanced-result track under F.S. § 856.015(5); no dedicated standard instruction was located for the baseline subsection (2) charge.
View Official InstructionVerified against the official instruction source: September 13, 2026
Important Definitions
Important Definitions
Open house party
A social gathering at a residence other than the residence of the person who possesses or consumes the alcoholic beverage or controlled substance.
Residence
Any dwelling unit, including a house, apartment, condominium, cooperative unit, motel room, hotel room, or mobile home, and any attached or detached accessory structures and outdoor areas of the property.
Additional Notes
Additional Notes
Quick Reference
Document adult control of the residence, the open house party, the under-21 person's alcohol or controlled-substance possession or consumption, the defendant's knowledge, and reasonable steps taken or not taken.
Religious Exception
The statute does not apply to the use of alcohol for religious purposes when provided by a parent, legal guardian, or authorized adult.