Senate Bill sb2940

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    Florida Senate - 2004                                  SB 2940

    By Senator Campbell





    32-1669A-04                                        See HB 1261

  1                      A bill to be entitled

  2         An act relating to hazing; amending s. 1006.63,

  3         F.S.; revising the definition of the term

  4         "hazing"; providing for a third-degree felony

  5         offense of hazing; providing for a first-degree

  6         misdemeanor offense of hazing; specifying the

  7         elements of each offense; providing for

  8         criminal penalties; requiring the court to

  9         impose a hazing education course as a condition

10         of sentence in certain circumstances;

11         authorizing the court to impose a condition of

12         drug or alcohol probation in certain

13         circumstances; specifying circumstances that do

14         not constitute a valid defense to a prosecution

15         for the offense of hazing; amending s. 1001.64,

16         F.S.; revising a cross-reference, to conform;

17         providing applicability; providing an effective

18         date.

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20  Be It Enacted by the Legislature of the State of Florida:

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22         Section 1.  Section 1006.63, Florida Statutes, is

23  amended to read:

24         1006.63  Hazing prohibited.--

25         (1)  As used in this section, "hazing" means any action

26  or situation that recklessly or intentionally endangers the

27  mental or physical health or safety of a student for the

28  purposes including, but not limited to, purpose of initiation

29  or admission into or affiliation with any organization

30  operating under the sanction of a postsecondary institution.

31  Such term includes, but is not limited to, pressuring or

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    Florida Senate - 2004                                  SB 2940
    32-1669A-04                                        See HB 1261




 1  coercing a person into violating state or federal law, any

 2  brutality of a physical nature, such as whipping, beating,

 3  branding, forced calisthenics, exposure to the elements,

 4  forced consumption of any food, liquor, drug, or other

 5  substance, or other forced physical activity which could

 6  adversely affect the physical health or safety of the student,

 7  and also includes any activity which would subject the student

 8  to extreme mental stress, such as sleep deprivation, forced

 9  exclusion from social contact, forced conduct which could

10  result in extreme embarrassment, or other forced activity

11  which could adversely affect the mental health or dignity of

12  the student. Hazing does not include customary athletic events

13  or other similar contests or competitions. Hazing does not

14  include any activity or conduct that furthers a legal and

15  legitimate objective.

16         (2)  A person is guilty of hazing, a third-degree

17  felony, punishable as provided in s. 775.082 or s. 775.083,

18  when he or she intentionally or recklessly orders, directs,

19  pressures, or coerces another person who is a member of or an

20  applicant to any type of student organization to engage in

21  conduct that results in the serious bodily injury or death of

22  such other person or that creates a substantial risk of

23  physical injury to such other person and thereby causes such

24  injury or death.

25         (3)  A person is guilty of hazing, a first-degree

26  misdemeanor, punishable as provided in s. 775.082 or s.

27  775.083, when, in the course of another person's initiation

28  into or affiliation with any organization, he or she

29  intentionally or recklessly engages in conduct which creates a

30  substantial risk of physical injury to such other person or a

31  third person.

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    Florida Senate - 2004                                  SB 2940
    32-1669A-04                                        See HB 1261




 1         (4)  As a condition of any sentence imposed pursuant to

 2  subsection (2) or subsection (3), the court shall order the

 3  defendant to attend and complete a 4-hour hazing education

 4  course and may also impose a condition of drug or alcohol

 5  probation.

 6         (5)(a)  Consent of the victim to the hazing is not a

 7  valid defense to a prosecution for the offense of hazing.

 8         (b)  It is not a defense to the offense of hazing that

 9  the conduct or activity that resulted in the death or injury

10  of a person was not part of an official organizational event

11  or was not otherwise sanctioned or approved by the

12  organization.

13         (c)  It is not a defense to the offense of hazing that

14  the conduct or activity that resulted in death or injury of

15  the person was not done as a condition of membership to an

16  organization.

17         (6)(2)  Public and nonpublic postsecondary educational

18  institutions whose students receive state student financial

19  assistance must adopt a written antihazing policy and under

20  such policy must adopt rules prohibiting students or other

21  persons associated with any student organization from engaging

22  in hazing.

23         (7)(3)  Public and nonpublic postsecondary educational

24  institutions must provide a program for the enforcement of

25  such rules and must adopt appropriate penalties for violations

26  of such rules, to be administered by the person at the

27  institution responsible for the sanctioning of such

28  organizations.

29         (a)  Such penalties at community colleges and state

30  universities may include the imposition of fines; the

31  withholding of diplomas or transcripts pending compliance with

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    Florida Senate - 2004                                  SB 2940
    32-1669A-04                                        See HB 1261




 1  the rules or pending payment of fines; and the imposition of

 2  probation, suspension, or dismissal.

 3         (b)  In the case of an organization at a community

 4  college or state university which authorizes hazing in blatant

 5  disregard of such rules, penalties may also include rescission

 6  of permission for that organization to operate on campus

 7  property or to otherwise operate under the sanction of the

 8  institution.

 9         (c)  All penalties imposed under the authority of this

10  subsection shall be in addition to any penalty imposed for

11  violation of any of the criminal laws of this state or for

12  violation of any other rule of the institution to which the

13  violator may be subject.

14         (8)(4)  Rules adopted pursuant hereto shall apply to

15  acts conducted on or off campus whenever such acts are deemed

16  to constitute hazing.

17         (9)(5)  Upon approval of the antihazing policy of a

18  community college or state university and of the rules and

19  penalties adopted pursuant thereto, the institution shall

20  provide a copy of such policy, rules, and penalties to each

21  student enrolled in that institution and shall require the

22  inclusion of such policy, rules, and penalties in the bylaws

23  of every organization operating under the sanction of the

24  institution.

25         Section 2.  Paragraph (e) of subsection (8) of section

26  1001.64, Florida Statutes, is amended to read:

27         1001.64  Community college boards of trustees; powers

28  and duties.--

29         (8)  Each board of trustees has authority for policies

30  related to students, enrollment of students, student records,

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    Florida Senate - 2004                                  SB 2940
    32-1669A-04                                        See HB 1261




 1  student activities, financial assistance, and other student

 2  services.

 3         (e)  Each board of trustees must adopt a written

 4  antihazing policy, provide a program for the enforcement of

 5  such rules, and adopt appropriate penalties for violations of

 6  such rules pursuant to the provisions of s. 1006.63(1)-(3).

 7         Section 3.  Nothing in this act shall be construed to

 8  constitute grounds for any civil cause of action that is not

 9  otherwise provided in law.

10         Section 4.  This act shall take effect October 1, 2004,

11  and shall apply to offenses committed on or after that date.

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