JACKSONVILLE, Fla. – With school out for summer, Florida parents might think hosting a teen party at home is the safer choice.
But Millicent Daniels, a criminal defense attorney, told News4JAX that the decision could carry serious criminal and civil consequences.
“Florida makes it a crime for any adult having control of a residence to host an open house party with the knowledge that minors are consuming alcohol or drugs there,” Daniels said.
She said Florida parents need to understand the state’s open house party law before opening their doors to underage guests, but she said the law catches many parents off guard, including those hosting holiday gatherings or casual weekend get-togethers where minors are present and alcohol is within reach.
“Families who have gatherings, holidays, Sundays, Saturdays, they have folks over at their home, everyone’s having a good time, and the parent knows that their child or children or minors are consuming alcohol there,” Daniels said. “That could be considered definitely a violation of the open house party law.”
The law also applies beyond private homes. Daniels said college house parties where a host knowingly allows anyone under 21 to drink can create the same criminal liability.
But to secure a conviction, the state must prove three things beyond a reasonable doubt: that the adult had control of the residence, that they knowingly allowed the open house party to occur, and that they permitted minors to consume alcohol or drugs without taking reasonable steps to stop it.
For a first offense, the charge is a second-degree misdemeanor, punishable by 60 days in county jail, six months of probation or a $500 fine.
A second offense is elevated to a first-degree misdemeanor, carrying up to one year in county jail, 12 months of probation or a $1,000 fine.
Buying alcohol for minors
The liability does not stop with hosting. Daniels said purchasing alcohol for a minor — whether you are a parent, relative or friend — is also a criminal offense in Florida.
“Our children are considered a protected class,” she said. “If you choose to buy beer, wine, alcohol for any minor, you have committed a criminal offense.”
Like the open house party law, purchasing alcohol for minors is an enhanceable offense, meaning repeated violations result in escalating charges and penalties.
Civil liability on top of criminal charges
Daniels warned that the consequences do not end in criminal court.
If a minor drinks at a home where alcohol was provided or permitted and then drives and injures or kills someone, the adult who supplied or allowed that alcohol could face significant civil liability.
“If you provide alcohol for folks who are underage and that child, that minor then goes out and gets on the road and hurts someone, you could be very well considered negligent per se because you have decided to violate the statute,” she said.
She described it as dual exposure — criminal liability that can cost someone their freedom and their financial standing, and civil liability that can devastate a family if a victim is seriously injured or killed.
“This is one that definitely has dual liability and exposure criminally, which is your freedom, your money and your criminal history,” Daniels said. “But also it could affect your pocketbook with civil liability, particularly if someone is seriously injured and, in the worst cases, killed.”