Florida Senate - 2019 SB 1080 By Senator Book 32-01496-19 20191080__ 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 for a person’s immunity from prosecution if certain 11 conditions are met; reenacting s. 1001.64(8)(e), F.S., 12 relating to Florida College System institution boards 13 of trustees and related powers and duties, to 14 incorporate the amendment made to s. 1006.63, F.S., in 15 a reference thereto; providing an effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Section 1006.63, Florida Statutes, is amended to 20 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 purposes 25 including, but not limited to, initiation or admission into or 26 affiliation with any organization operating under the sanction 27 of a postsecondary institution, or to perpetuate or further a 28 tradition or ritual of any organization operating under the 29 sanction of a postsecondary institution. “Hazing” includes, but 30 is not limited to, pressuring or coercing the student into 31 violating state or federal law, any brutality of a physical 32 nature, such as whipping, beating, branding, exposure to the 33 elements, forced consumption of any food, liquor, drug, or other 34 substance, or other forced physical activity that could 35 adversely affect the physical health or safety of the student, 36 and also includes any activity that would subject the student to 37 extreme mental stress, such as sleep deprivation, forced 38 exclusion from social contact, forced conduct that could result 39 in extreme embarrassment, or other forced activity that could 40 adversely affect the mental health or dignity of the student. 41 Hazing does not include customary athletic events or other 42 similar contests or competitions or any activity or conduct that 43 furthers a legal and legitimate objective. 44 (2) A person commits hazing, a third degree felony, 45 punishable as provided in s. 775.082 or s. 775.083, when he or 46 she intentionally or recklessly commits, solicits others to 47 commit, or is actively involved in the planning of any act of 48 hazing as defined in subsection (1) upon another person who is a 49 member of, affiliated with, or an applicant to any type of 50 student organization and the hazing results in a permanent 51 injury, serious bodily injury, or death of such other person. 52 (3) A person commits hazing, a first degree misdemeanor, 53 punishable as provided in s. 775.082 or s. 775.083, when he or 54 she intentionally or recklessly commits, solicits others to 55 commit, or is actively involved in the planning of any act of 56 hazing as defined in subsection (1) upon another person who is a 57 member of, affiliated with, or an applicant to any type of 58 student organization and the hazing creates a substantial risk 59 of physical injury or death to such other person. 60 (4) As a condition of any sentence imposed pursuant to 61 subsection (2) or subsection (3), the court shall order the 62 defendant to attend and complete a 4-hour hazing education 63 course and may also impose a condition of drug or alcohol 64 probation. 65 (5) It is not a defense to a charge of hazing that: 66 (a) The consent of the victim had been obtained; 67 (b) The conduct or activity that resulted in the death or 68 injury of a person was not part of an official organizational 69 event or was not otherwise sanctioned or approved by the 70 organization; or 71 (c) The conduct or activity that resulted in death or 72 injury of the person was not done as a condition of membership 73 to an organization. 74 (6) This section shall not be construed to preclude 75 prosecution for a more general offense resulting from the same 76 criminal transaction or episode. 77 (7) Public and nonpublic postsecondary educational 78 institutions whose students receive state student financial 79 assistance must adopt a written antihazing policy and under such 80 policy must adopt rules prohibiting students or other persons 81 associated with any student organization from engaging in 82 hazing. 83 (8) Public and nonpublic postsecondary educational 84 institutions must provide a program for the enforcement of such 85 rules and must adopt appropriate penalties for violations of 86 such rules, to be administered by the person at the institution 87 responsible for the sanctioning of such organizations. 88 (a) Such penalties at Florida College System institutions 89 and state universities may include the imposition of fines; the 90 withholding of diplomas or transcripts pending compliance with 91 the rules or pending payment of fines; and the imposition of 92 probation, suspension, or dismissal. 93 (b) In the case of an organization at a Florida College 94 System institution or state university that authorizes hazing in 95 blatant disregard of such rules, penalties may also include 96 rescission of permission for that organization to operate on 97 campus property or to otherwise operate under the sanction of 98 the institution. 99 (c) All penalties imposed under the authority of this 100 subsection shall be in addition to any penalty imposed for 101 violation of any of the criminal laws of this state or for 102 violation of any other rule of the institution to which the 103 violator may be subject. 104 (9) Rules adopted pursuant hereto shall apply to acts 105 conducted on or off campus whenever such acts are deemed to 106 constitute hazing. 107 (10) Upon approval of the antihazing policy of a Florida 108 College System institution or state university and of the rules 109 and penalties adopted pursuant thereto, the institution shall 110 provide a copy of such policy, rules, and penalties to each 111 student enrolled in that institution and shall require the 112 inclusion of such policy, rules, and penalties in the bylaws of 113 every organization operating under the sanction of the 114 institution. 115 (11) A person shall be immune from prosecution under this 116 section if the person establishes all of the following: 117 (a) The person was present at an event where, as a result 118 of hazing as defined in subsection (1), another person appeared 119 to be in need of immediate medical assistance. 120 (b) The person was the first to call 911 or campus security 121 to report the need for immediate medical assistance. 122 (c) The person provided his or her name, the address where 123 the medical assistance was needed, and a description of the 124 medical issue to the 911 operator or campus security during the 125 call. 126 (d) The person who called 911 or campus security remained 127 at the scene with the other person in need of immediate medical 128 assistance until a provider of medical assistance or law 129 enforcement personnel arrived at the scene. 130 (e) The person cooperated with the provider of medical 131 assistance and law enforcement personnel at the scene. 132 Section 2. For the purpose of incorporating the amendment 133 made by this act to section 1006.63, Florida Statutes, in a 134 reference thereto, paragraph (e) of subsection (8) of section 135 1001.64, Florida Statutes, is reenacted to read: 136 1001.64 Florida College System institution boards of 137 trustees; powers and duties.— 138 (8) Each board of trustees has authority for policies 139 related to students, enrollment of students, student records, 140 student activities, financial assistance, and other student 141 services. 142 (e) Each board of trustees must adopt a written antihazing 143 policy, provide a program for the enforcement of such rules, and 144 adopt appropriate penalties for violations of such rules 145 pursuant to the provisions of s. 1006.63. 146 Section 3. This act shall take effect July 1, 2019.