Florida Senate - 2019                      CS for CS for SB 1080
       
       
        
       By the Committees on Education; and Criminal Justice; and
       Senator Book
       
       
       
       
       581-03505-19                                          20191080c2
    1                        A bill to be entitled                      
    2         An act relating to hazing; amending s. 1006.63, F.S.;
    3         redefining the term “hazing”; expanding the crime of
    4         hazing, a third degree felony, to include when a
    5         person solicits others to commit or is actively
    6         involved in the planning of hazing; expanding the
    7         crime of hazing, a first degree misdemeanor, to
    8         include when a person solicits others to commit or is
    9         actively involved in the planning of hazing; providing
   10         that a person may not be prosecuted if certain
   11         conditions are met; providing immunity from
   12         prosecution to persons who meet specified
   13         requirements; defining the term “aid”; reenacting s.
   14         1001.64(8)(e), F.S., relating to Florida College
   15         System institution boards of trustees and related
   16         powers and duties, to incorporate the amendment made
   17         to s. 1006.63, F.S., in a reference thereto; providing
   18         an effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Section 1006.63, Florida Statutes, is amended to
   23  read:
   24         1006.63 Hazing prohibited.—
   25         (1) As used in this section, the term “hazing” means any
   26  action or situation that recklessly or intentionally endangers
   27  the mental or physical health or safety of a student for
   28  purposes including, but not limited to, initiation or admission
   29  into or affiliation with, or the perpetuation or furtherance of
   30  a tradition or ritual of, any organization operating under the
   31  sanction of a postsecondary institution. The term “Hazing”
   32  includes, but is not limited to, pressuring or coercing the
   33  student into violating state or federal law;, any brutality of a
   34  physical nature, such as whipping, beating, branding, exposure
   35  to the elements, forced consumption of any food, liquor, drug,
   36  or other substance, or other forced physical activity that could
   37  adversely affect the physical health or safety of the student;
   38  or, and also includes any activity that would subject the
   39  student to extreme mental stress, such as sleep deprivation,
   40  forced exclusion from social contact, forced conduct that could
   41  result in extreme embarrassment, or other forced activity that
   42  could adversely affect the mental health or dignity of the
   43  student. The term Hazing does not include customary athletic
   44  events or other similar contests or competitions or any activity
   45  or conduct that furthers a legal and legitimate objective.
   46         (2) A person commits hazing, a third degree felony,
   47  punishable as provided in s. 775.082 or s. 775.083, when he or
   48  she intentionally or recklessly commits, solicits a person to
   49  commit, or is actively involved in the planning of any act of
   50  hazing as defined in subsection (1) upon another person who is a
   51  member or former member of or an applicant to any type of
   52  student organization and the hazing results in a permanent
   53  injury, serious bodily injury, or death of such other person.
   54         (3) A person commits hazing, a first degree misdemeanor,
   55  punishable as provided in s. 775.082 or s. 775.083, when he or
   56  she intentionally or recklessly commits, solicits a person to
   57  commit, or is actively involved in the planning of any act of
   58  hazing as defined in subsection (1) upon another person who is a
   59  member or former member of or an applicant to any type of
   60  student organization and the hazing creates a substantial risk
   61  of physical injury or death to such other person.
   62         (4) As a condition of any sentence imposed pursuant to
   63  subsection (2) or subsection (3), the court shall order the
   64  defendant to attend and complete a 4-hour hazing education
   65  course and may also impose a condition of drug or alcohol
   66  probation.
   67         (5) It is not a defense to a charge of hazing that:
   68         (a) The consent of the victim had been obtained;
   69         (b) The conduct or activity that resulted in the death or
   70  injury of a person was not part of an official organizational
   71  event or was not otherwise sanctioned or approved by the
   72  organization; or
   73         (c) The conduct or activity that resulted in death or
   74  injury of the person was not done as a condition of membership
   75  to an organization.
   76         (6) This section shall not be construed to preclude
   77  prosecution for a more general offense resulting from the same
   78  criminal transaction or episode.
   79         (7) Public and nonpublic postsecondary educational
   80  institutions whose students receive state student financial
   81  assistance must adopt a written antihazing policy and under such
   82  policy must adopt rules prohibiting students or other persons
   83  associated with any student organization from engaging in
   84  hazing.
   85         (8) Public and nonpublic postsecondary educational
   86  institutions must provide a program for the enforcement of such
   87  rules and must adopt appropriate penalties for violations of
   88  such rules, to be administered by the person at the institution
   89  responsible for the sanctioning of such organizations.
   90         (a) Such penalties at Florida College System institutions
   91  and state universities may include the imposition of fines; the
   92  withholding of diplomas or transcripts pending compliance with
   93  the rules or pending payment of fines; and the imposition of
   94  probation, suspension, or dismissal.
   95         (b) In the case of an organization at a Florida College
   96  System institution or state university that authorizes hazing in
   97  blatant disregard of such rules, penalties may also include
   98  rescission of permission for that organization to operate on
   99  campus property or to otherwise operate under the sanction of
  100  the institution.
  101         (c) All penalties imposed under the authority of this
  102  subsection shall be in addition to any penalty imposed for
  103  violation of any of the criminal laws of this state or for
  104  violation of any other rule of the institution to which the
  105  violator may be subject.
  106         (9) Rules adopted pursuant hereto shall apply to acts
  107  conducted on or off campus whenever such acts are deemed to
  108  constitute hazing.
  109         (10) Upon approval of the antihazing policy of a Florida
  110  College System institution or state university and of the rules
  111  and penalties adopted pursuant thereto, the institution shall
  112  provide a copy of such policy, rules, and penalties to each
  113  student enrolled in that institution and shall require the
  114  inclusion of such policy, rules, and penalties in the bylaws of
  115  every organization operating under the sanction of the
  116  institution.
  117         (11)A person may not be prosecuted under this section if
  118  he or she establishes all of the following:
  119         (a)That he or she was present at an event where, as a
  120  result of hazing, a person appeared to be in need of immediate
  121  medical assistance.
  122         (b)That he or she was the first person to call 911 or
  123  campus security to report the need for immediate medical
  124  assistance.
  125         (c)That he or she provided his or her own name, the
  126  address where immediate medical assistance was needed, and a
  127  description of the medical issue to the 911 operator or campus
  128  security at the time of the call.
  129         (d)That he or she remained at the scene with the person in
  130  need of immediate medical assistance until such medical
  131  assistance, law enforcement, or campus security arrived and that
  132  he or she cooperated with such personnel on the scene.
  133         (12) Notwithstanding subsection (11), a person is immune
  134  from prosecution under this section if the person establishes
  135  that, before medical assistance, law enforcement, or campus
  136  security arrived on the scene of a hazing event, the person
  137  rendered aid to the hazing victim. For purposes of this
  138  subsection, “aid” includes, but is not be limited to, rendering
  139  cardiopulmonary resuscitation to the victim, clearing an airway
  140  for the victim to breathe, using a defibrillator to assist the
  141  victim, or rendering any other assistance to the victim which
  142  the person intended in good faith to stabilize or improve the
  143  victim’s condition while waiting for medical assistance, law
  144  enforcement, or campus security to arrive.
  145         Section 2. For the purpose of incorporating the amendment
  146  made by this act to section 1006.63, Florida Statutes, in a
  147  reference thereto, paragraph (e) of subsection (8) of section
  148  1001.64, Florida Statutes, is reenacted to read:
  149         1001.64 Florida College System institution boards of
  150  trustees; powers and duties.—
  151         (8) Each board of trustees has authority for policies
  152  related to students, enrollment of students, student records,
  153  student activities, financial assistance, and other student
  154  services.
  155         (e) Each board of trustees must adopt a written antihazing
  156  policy, provide a program for the enforcement of such rules, and
  157  adopt appropriate penalties for violations of such rules
  158  pursuant to the provisions of s. 1006.63.
  159         Section 3. This act shall take effect October 1, 2019.