The Florida House Criminal Justice Subcommittee on Wednesday unanimously approved two bills, one that broadens the scope of existing state laws which prohibit adults from hosting parties where alcohol is given to minors, and another which effectively prohibits citizens from protesting at funerals.
HB 5,titled"Open Parties," amends section 856.015 of the Florida Statutes, which currently makes it a second-degree misdemeanor -- punishable by up to 60 days in county jail and a $500 fine -- for adults to host an open house party (defined as a social gathering at a residence) where that adult knows alcohol is being served to minors and does not take reasonable steps to prevent it.
The proposed amendment, sponsored by Rep. Ray Pilon, R-Sarasota, expands the statute to encompass any open party, now defined as a social gathering at any property," including a residence, vacant structure, or open acreage with or without a structure.
Pilon, a retired law enforcement officer, tells Sunshine State News HB 5 is needed in order to close a loophole in the law as it presently stands.
There have been examples around the state, one of them in DeSoto County area, where the adult allowed the minors to go outside of his residence into an outbuilding to drink, he recounts. We'vehad other instances we've heard about from law enforcement, where adults have allowed people onto their property to drink, but not into a structure, and therefore the current law did not apply.Yet,we'vecontinued to see injuries and deaths as a result of underage drinking and drug use, especially when minors leave the party.
The bill, which Pilon says enjoys the support of state and local law enforcement and the Sarasota Coalition on Substance Abuse, contains an exception for religious contexts (e.g., celebrations of Holy Communion) and for situations where minor children are accompanied by their parents or legal guardians.
However, the exceptions only shield adults from prosecution under this particular bill, but not under other provisions of the Florida Statutes. The Sunshine State has one of the strictest laws in the nation when it comes to underage drinking; many Floridians dont know that no statutory exception exists not even for parental supervision or religious ceremonies to the prohibition on serving alcohol to anyone under the age of 21.
Companion legislation has yet to be filed in the Senate.
The second proposal approved by the Subcommittee, HB 15, is a resurrected version of a bill passed unanimously in the House in 2012 but stalled in the Senate. Sponsored by Rep. Patrick Rooney, R-West Palm Beach, it criminalizes engagement in a protest within 500 feet of the property line of any location where a funeral, burial, or memorial service is being held, and during or within one hour before or one hour after the conducting of such services.
The bill defines "protest activities" as "any action, including picketing, that is undertaken with the intent to interrupt or disturb a funeral, burial, or memorial service."
Violation of the statute would constitute a first-degree misdemeanor, punishable by up to one year in county jail and a $1,000 fine. (Florida law already makes it a second-degree misdemeanor to "willfully interrupt or disturb any lawful assembly.")
I thought we needed to get everybody that is involved in a funeral some sense of solemnity, and to give the funeral, no matter who it is for, a level of respect, Rooney tells Sunshine State News. We want mourners to be assured theyre not going to have somebody 2 or 3 feet away screaming and yelling that theyre glad that the person whos died is dead.
Rooney was inspired to introduce the bill after becoming aware of the activities of a Kansas sect, the Westboro Baptist Church. The churchs pastor, disbarred attorney and Democratic political activist Fred Phelps, regularly stages protests at the funerals of military servicemen and other famous victims of tragedy. One of their most infamous slogans is God Hates Fags.
Rooney, an attorney, says he and his staff have carefully crafted the bill to make sure it conforms to state and federal First Amendment protections.
Were not regulating the content of speech, were only looking at the time, place, and manner of the speech, Rooney explains. I believe that the staff has done a great job in terms of reconciling what the U.S. Supreme Court as well as other state courts have ruled on this, and that weve come up with something that will withstand constitutional muster as it goes forward.
The original version of Rooneys 2012 legislation only restricted protests at the funerals of military servicemen, which raised some eyebrows in the Senate, but Rooney believes extending the proposed restrictions to all funerals without distinction will help it sail through the committee process with greater ease this time around.
A companion bill has been filed by Sen. Jeff Clemens, D-Lake Worth.
This is about giving folks who are attending funerals a little bit of reverence, so they know theyre not going to be harassed when theyre trying to grieve, Rooney says.
Both bills need to be approved by the Judiciary Committee before moving on to the House floor for an up or down vote. HB 5 will also need to be approved by the Business and Professional Regulation Subcommittee.
Reach Eric Giunta at egiunta@sunshinestatenews.com or at (954) 235-9116.
