| 1 | A bill to be entitled |
| 2 | An act relating to hazing; amending s. 1006.63, F.S.; |
| 3 | revising the definition of the term "hazing"; providing |
| 4 | for a third degree felony offense of hazing; providing for |
| 5 | a first degree misdemeanor offense of hazing; specifying |
| 6 | the elements of each offense; providing for criminal |
| 7 | penalties; requiring the court to impose a hazing |
| 8 | education course as a condition of sentence in certain |
| 9 | circumstances; authorizing the court to impose a condition |
| 10 | of drug or alcohol probation in certain circumstances; |
| 11 | specifying circumstances that do not constitute a valid |
| 12 | defense to a prosecution for the offense of hazing; |
| 13 | amending s. 1001.64, F.S.; revising a cross reference, to |
| 14 | conform; providing applicability; providing an effective |
| 15 | date. |
| 16 |
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| 17 | Be It Enacted by the Legislature of the State of Florida: |
| 18 |
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| 19 | Section 1. Section 1006.63, Florida Statutes, is amended |
| 20 | to read: |
| 21 | 1006.63 Hazing prohibited.-- |
| 22 | (1) As used in this section, "hazing" means any action or |
| 23 | situation that recklessly or intentionally endangers the mental |
| 24 | or physical health or safety of a student for the purposes |
| 25 | including, but not limited to, purpose of initiation or |
| 26 | admission into or affiliation with any organization operating |
| 27 | under the sanction of a postsecondary institution. Such term |
| 28 | includes, but is not limited to, pressuring or coercing a person |
| 29 | into violating state or federal law, any brutality of a physical |
| 30 | nature, such as whipping, beating, branding, forced |
| 31 | calisthenics, exposure to the elements, forced consumption of |
| 32 | any food, liquor, drug, or other substance, or other forced |
| 33 | physical activity which could adversely affect the physical |
| 34 | health or safety of the student, and also includes any activity |
| 35 | which would subject the student to extreme mental stress, such |
| 36 | as sleep deprivation, forced exclusion from social contact, |
| 37 | forced conduct which could result in extreme embarrassment, or |
| 38 | other forced activity which could adversely affect the mental |
| 39 | health or dignity of the student. Hazing does not include |
| 40 | customary athletic events or other similar contests or |
| 41 | competitions. Hazing does not include any activity or conduct |
| 42 | that furthers a legal and legitimate objective. |
| 43 | (2) A person is guilty of hazing, a third degree felony, |
| 44 | punishable as provided in s. 775.082 or s. 775.083, when he or |
| 45 | she intentionally or recklessly orders, directs, pressures, or |
| 46 | coerces another person who is a member of or an applicant to any |
| 47 | type of student organization to engage in conduct that results |
| 48 | in the serious bodily injury or death of such other person or |
| 49 | that creates a substantial risk of physical injury to such other |
| 50 | person and thereby causes such injury or death. |
| 51 | (3) A person is guilty of hazing, a first degree |
| 52 | misdemeanor, punishable as provided in s. 775.082 or s. 775.083, |
| 53 | when, in the course of another person's initiation into or |
| 54 | affiliation with any organization, he or she intentionally or |
| 55 | recklessly engages in conduct which creates a substantial risk |
| 56 | of physical injury to such other person or a third person. |
| 57 | (4) As a condition of any sentence imposed pursuant to |
| 58 | subsection (2) or subsection (3), the court shall order the |
| 59 | defendant to attend and complete a 4-hour hazing education |
| 60 | course and may also impose a condition of drug or alcohol |
| 61 | probation. |
| 62 | (5)(a) Consent of the victim to the hazing is not a valid |
| 63 | defense to a prosecution for the offense of hazing. |
| 64 | (b) It is not a defense to the offense of hazing that the |
| 65 | conduct or activity that resulted in the death or injury of a |
| 66 | person was not part of an official organizational event or was |
| 67 | not otherwise sanctioned or approved by the organization. |
| 68 | (c) It is not a defense to the offense of hazing that the |
| 69 | conduct or activity that resulted in death or injury of the |
| 70 | person was not done as a condition of membership to an |
| 71 | organization. |
| 72 | (6)(2) Public and nonpublic postsecondary educational |
| 73 | institutions whose students receive state student financial |
| 74 | assistance must adopt a written antihazing policy and under such |
| 75 | policy must adopt rules prohibiting students or other persons |
| 76 | associated with any student organization from engaging in |
| 77 | hazing. |
| 78 | (7)(3) Public and nonpublic postsecondary educational |
| 79 | institutions must provide a program for the enforcement of such |
| 80 | rules and must adopt appropriate penalties for violations of |
| 81 | such rules, to be administered by the person at the institution |
| 82 | responsible for the sanctioning of such organizations. |
| 83 | (a) Such penalties at community colleges and state |
| 84 | universities may include the imposition of fines; the |
| 85 | withholding of diplomas or transcripts pending compliance with |
| 86 | the rules or pending payment of fines; and the imposition of |
| 87 | probation, suspension, or dismissal. |
| 88 | (b) In the case of an organization at a community college |
| 89 | or state university which authorizes hazing in blatant disregard |
| 90 | of such rules, penalties may also include rescission of |
| 91 | permission for that organization to operate on campus property |
| 92 | or to otherwise operate under the sanction of the institution. |
| 93 | (c) All penalties imposed under the authority of this |
| 94 | subsection shall be in addition to any penalty imposed for |
| 95 | violation of any of the criminal laws of this state or for |
| 96 | violation of any other rule of the institution to which the |
| 97 | violator may be subject. |
| 98 | (8)(4) Rules adopted pursuant hereto shall apply to acts |
| 99 | conducted on or off campus whenever such acts are deemed to |
| 100 | constitute hazing. |
| 101 | (9)(5) Upon approval of the antihazing policy of a |
| 102 | community college or state university and of the rules and |
| 103 | penalties adopted pursuant thereto, the institution shall |
| 104 | provide a copy of such policy, rules, and penalties to each |
| 105 | student enrolled in that institution and shall require the |
| 106 | inclusion of such policy, rules, and penalties in the bylaws of |
| 107 | every organization operating under the sanction of the |
| 108 | institution. |
| 109 | Section 2. Paragraph (e) of subsection (8) of section |
| 110 | 1001.64, Florida Statutes, is amended to read: |
| 111 | 1001.64 Community college boards of trustees; powers and |
| 112 | duties.-- |
| 113 | (8) Each board of trustees has authority for policies |
| 114 | related to students, enrollment of students, student records, |
| 115 | student activities, financial assistance, and other student |
| 116 | services. |
| 117 | (e) Each board of trustees must adopt a written antihazing |
| 118 | policy, provide a program for the enforcement of such rules, and |
| 119 | adopt appropriate penalties for violations of such rules |
| 120 | pursuant to the provisions of s. 1006.63(1)-(3). |
| 121 | Section 3. Nothing in this act shall be construed to |
| 122 | constitute grounds for any civil cause of action that is not |
| 123 | otherwise provided in law. |
| 124 | Section 4. This act shall take effect October 1, 2004, and |
| 125 | shall apply to offenses committed on or after that date. |