Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 1080
       
       
       
       
       
       
                                Ì361142rÎ361142                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/11/2019           .                                
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       The Committee on Criminal Justice (Book) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 1006.63, Florida Statutes, is amended to
    6  read:
    7         1006.63 Hazing prohibited.—
    8         (1) As used in this section, the term “hazing” means any
    9  action or situation that recklessly or intentionally endangers
   10  the mental or physical health or safety of a student for
   11  purposes including, but not limited to, initiation or admission
   12  into or affiliation with, or the perpetuation or furtherance of
   13  a tradition or ritual of, any organization operating under the
   14  sanction of a postsecondary institution. The term “Hazing”
   15  includes, but is not limited to, pressuring or coercing the
   16  student into violating state or federal law;, any brutality of a
   17  physical nature, such as whipping, beating, branding, exposure
   18  to the elements, forced consumption of any food, liquor, drug,
   19  or other substance, or other forced physical activity that could
   20  adversely affect the physical health or safety of the student;
   21  or, and also includes any activity that would subject the
   22  student to extreme mental stress, such as sleep deprivation,
   23  forced exclusion from social contact, forced conduct that could
   24  result in extreme embarrassment, or other forced activity that
   25  could adversely affect the mental health or dignity of the
   26  student. The term Hazing does not include customary athletic
   27  events or other similar contests or competitions or any activity
   28  or conduct that furthers a legal and legitimate objective.
   29         (2) A person commits hazing, a third degree felony,
   30  punishable as provided in s. 775.082 or s. 775.083, when he or
   31  she intentionally or recklessly commits, solicits a person to
   32  commit, or is actively involved in the planning of any act of
   33  hazing as defined in subsection (1) upon another person who is a
   34  member or former member of or an applicant to any type of
   35  student organization and the hazing results in a permanent
   36  injury, serious bodily injury, or death of such other person.
   37         (3) A person commits hazing, a first degree misdemeanor,
   38  punishable as provided in s. 775.082 or s. 775.083, when he or
   39  she intentionally or recklessly commits, solicits a person to
   40  commit, or is actively involved in the planning of any act of
   41  hazing as defined in subsection (1) upon another person who is a
   42  member or former member of or an applicant to any type of
   43  student organization and the hazing creates a substantial risk
   44  of physical injury or death to such other person.
   45         (4) As a condition of any sentence imposed pursuant to
   46  subsection (2) or subsection (3), the court shall order the
   47  defendant to attend and complete a 4-hour hazing education
   48  course and may also impose a condition of drug or alcohol
   49  probation.
   50         (5) It is not a defense to a charge of hazing that:
   51         (a) The consent of the victim had been obtained;
   52         (b) The conduct or activity that resulted in the death or
   53  injury of a person was not part of an official organizational
   54  event or was not otherwise sanctioned or approved by the
   55  organization; or
   56         (c) The conduct or activity that resulted in death or
   57  injury of the person was not done as a condition of membership
   58  to an organization.
   59         (6) This section shall not be construed to preclude
   60  prosecution for a more general offense resulting from the same
   61  criminal transaction or episode.
   62         (7) Public and nonpublic postsecondary educational
   63  institutions whose students receive state student financial
   64  assistance must adopt a written antihazing policy and under such
   65  policy must adopt rules prohibiting students or other persons
   66  associated with any student organization from engaging in
   67  hazing.
   68         (8) Public and nonpublic postsecondary educational
   69  institutions must provide a program for the enforcement of such
   70  rules and must adopt appropriate penalties for violations of
   71  such rules, to be administered by the person at the institution
   72  responsible for the sanctioning of such organizations.
   73         (a) Such penalties at Florida College System institutions
   74  and state universities may include the imposition of fines; the
   75  withholding of diplomas or transcripts pending compliance with
   76  the rules or pending payment of fines; and the imposition of
   77  probation, suspension, or dismissal.
   78         (b) In the case of an organization at a Florida College
   79  System institution or state university that authorizes hazing in
   80  blatant disregard of such rules, penalties may also include
   81  rescission of permission for that organization to operate on
   82  campus property or to otherwise operate under the sanction of
   83  the institution.
   84         (c) All penalties imposed under the authority of this
   85  subsection shall be in addition to any penalty imposed for
   86  violation of any of the criminal laws of this state or for
   87  violation of any other rule of the institution to which the
   88  violator may be subject.
   89         (9) Rules adopted pursuant hereto shall apply to acts
   90  conducted on or off campus whenever such acts are deemed to
   91  constitute hazing.
   92         (10) Upon approval of the antihazing policy of a Florida
   93  College System institution or state university and of the rules
   94  and penalties adopted pursuant thereto, the institution shall
   95  provide a copy of such policy, rules, and penalties to each
   96  student enrolled in that institution and shall require the
   97  inclusion of such policy, rules, and penalties in the bylaws of
   98  every organization operating under the sanction of the
   99  institution.
  100         (11)A person may not be prosecuted under this section if
  101  he or she establishes all of the following:
  102         (a)That he or she was present at an event where, as a
  103  result of hazing, a person appeared to be in need of immediate
  104  medical assistance.
  105         (b)That he or she was the first person to call 911 or
  106  campus security to report the need for immediate medical
  107  assistance.
  108         (c)That he or she provided his or her own name, the
  109  address where immediate medical assistance was needed, and a
  110  description of the medical issue to the 911 operator or campus
  111  security at the time of the call.
  112         (d)That he or she remained at the scene with the person in
  113  need of immediate medical assistance until such medical
  114  assistance, law enforcement, or campus security arrived and that
  115  he or she cooperated with such personnel on the scene.
  116         Section 2. For the purpose of incorporating the amendment
  117  made by this act to section 1006.63, Florida Statutes, in a
  118  reference thereto, paragraph (e) of subsection (8) of section
  119  1001.64, Florida Statutes, is reenacted to read:
  120         1001.64 Florida College System institution boards of
  121  trustees; powers and duties.—
  122         (8) Each board of trustees has authority for policies
  123  related to students, enrollment of students, student records,
  124  student activities, financial assistance, and other student
  125  services.
  126         (e) Each board of trustees must adopt a written antihazing
  127  policy, provide a program for the enforcement of such rules, and
  128  adopt appropriate penalties for violations of such rules
  129  pursuant to the provisions of s. 1006.63.
  130         Section 3. This act shall take effect July 1, 2019.
  131  
  132  ================= T I T L E  A M E N D M E N T ================
  133  And the title is amended as follows:
  134         Delete everything before the enacting clause
  135  and insert:
  136                        A bill to be entitled                      
  137         An act relating to hazing; amending s. 1006.63, F.S.;
  138         redefining the term “hazing”; expanding the crime of
  139         hazing, a third degree felony, to include when a
  140         person solicits others to commit or is actively
  141         involved in the planning of hazing; expanding the
  142         crime of hazing, a first degree misdemeanor, to
  143         include when a person solicits others to commit or is
  144         actively involved in the planning of hazing; providing
  145         that a person may not be prosecuted if certain
  146         conditions are met; reenacting s. 1001.64(8)(e), F.S.,
  147         relating to Florida College System institution boards
  148         of trustees and related powers and duties, to
  149         incorporate the amendment made to s. 1006.63, F.S., in
  150         a reference thereto; providing an effective date.