HB 1261

1
A bill to be entitled
2An act relating to hazing; amending s. 1006.63, F.S.;
3revising the definition of the term "hazing"; providing
4for a third degree felony offense of hazing; providing for
5a first degree misdemeanor offense of hazing; specifying
6the elements of each offense; providing for criminal
7penalties; requiring the court to impose a hazing
8education course as a condition of sentence in certain
9circumstances; authorizing the court to impose a condition
10of drug or alcohol probation in certain circumstances;
11specifying circumstances that do not constitute a valid
12defense to a prosecution for the offense of hazing;
13amending s. 1001.64, F.S.; revising a cross reference, to
14conform; providing applicability; providing an effective
15date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  Section 1006.63, Florida Statutes, is amended
20to read:
21     1006.63  Hazing prohibited.--
22     (1)  As used in this section, "hazing" means any action or
23situation that recklessly or intentionally endangers the mental
24or physical health or safety of a student for the purposes
25including, but not limited to, purpose of initiation or
26admission into or affiliation with any organization operating
27under the sanction of a postsecondary institution. Such term
28includes, but is not limited to, pressuring or coercing a person
29into violating state or federal law, any brutality of a physical
30nature, such as whipping, beating, branding, forced
31calisthenics, exposure to the elements, forced consumption of
32any food, liquor, drug, or other substance, or other forced
33physical activity which could adversely affect the physical
34health or safety of the student, and also includes any activity
35which would subject the student to extreme mental stress, such
36as sleep deprivation, forced exclusion from social contact,
37forced conduct which could result in extreme embarrassment, or
38other forced activity which could adversely affect the mental
39health or dignity of the student. Hazing does not include
40customary athletic events or other similar contests or
41competitions. Hazing does not include any activity or conduct
42that furthers a legal and legitimate objective.
43     (2)  A person is guilty of hazing, a third degree felony,
44punishable as provided in s. 775.082 or s. 775.083, when he or
45she intentionally or recklessly orders, directs, pressures, or
46coerces another person who is a member of or an applicant to any
47type of student organization to engage in conduct that results
48in the serious bodily injury or death of such other person or
49that creates a substantial risk of physical injury to such other
50person and thereby causes such injury or death.
51     (3)  A person is guilty of hazing, a first degree
52misdemeanor, punishable as provided in s. 775.082 or s. 775.083,
53when, in the course of another person's initiation into or
54affiliation with any organization, he or she intentionally or
55recklessly engages in conduct which creates a substantial risk
56of physical injury to such other person or a third person.
57     (4)  As a condition of any sentence imposed pursuant to
58subsection (2) or subsection (3), the court shall order the
59defendant to attend and complete a 4-hour hazing education
60course and may also impose a condition of drug or alcohol
61probation.
62     (5)(a)  Consent of the victim to the hazing is not a valid
63defense to a prosecution for the offense of hazing.
64     (b)  It is not a defense to the offense of hazing that the
65conduct or activity that resulted in the death or injury of a
66person was not part of an official organizational event or was
67not otherwise sanctioned or approved by the organization.
68     (c)  It is not a defense to the offense of hazing that the
69conduct or activity that resulted in death or injury of the
70person was not done as a condition of membership to an
71organization.
72     (6)(2)  Public and nonpublic postsecondary educational
73institutions whose students receive state student financial
74assistance must adopt a written antihazing policy and under such
75policy must adopt rules prohibiting students or other persons
76associated with any student organization from engaging in
77hazing.
78     (7)(3)  Public and nonpublic postsecondary educational
79institutions must provide a program for the enforcement of such
80rules and must adopt appropriate penalties for violations of
81such rules, to be administered by the person at the institution
82responsible for the sanctioning of such organizations.
83     (a)  Such penalties at community colleges and state
84universities may include the imposition of fines; the
85withholding of diplomas or transcripts pending compliance with
86the rules or pending payment of fines; and the imposition of
87probation, suspension, or dismissal.
88     (b)  In the case of an organization at a community college
89or state university which authorizes hazing in blatant disregard
90of such rules, penalties may also include rescission of
91permission for that organization to operate on campus property
92or to otherwise operate under the sanction of the institution.
93     (c)  All penalties imposed under the authority of this
94subsection shall be in addition to any penalty imposed for
95violation of any of the criminal laws of this state or for
96violation of any other rule of the institution to which the
97violator may be subject.
98     (8)(4)  Rules adopted pursuant hereto shall apply to acts
99conducted on or off campus whenever such acts are deemed to
100constitute hazing.
101     (9)(5)  Upon approval of the antihazing policy of a
102community college or state university and of the rules and
103penalties adopted pursuant thereto, the institution shall
104provide a copy of such policy, rules, and penalties to each
105student enrolled in that institution and shall require the
106inclusion of such policy, rules, and penalties in the bylaws of
107every organization operating under the sanction of the
108institution.
109     Section 2.  Paragraph (e) of subsection (8) of section
1101001.64, Florida Statutes, is amended to read:
111     1001.64  Community college boards of trustees; powers and
112duties.--
113     (8)  Each board of trustees has authority for policies
114related to students, enrollment of students, student records,
115student activities, financial assistance, and other student
116services.
117     (e)  Each board of trustees must adopt a written antihazing
118policy, provide a program for the enforcement of such rules, and
119adopt appropriate penalties for violations of such rules
120pursuant to the provisions of s. 1006.63(1)-(3).
121     Section 3.  Nothing in this act shall be construed to
122constitute grounds for any civil cause of action that is not
123otherwise provided in law.
124     Section 4.  This act shall take effect October 1, 2004, and
125shall apply to offenses committed on or after that date.


CODING: Words stricken are deletions; words underlined are additions.