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 |
|
17 | Be It Enacted by the Legislature of the State of Florida: |
18 |
|
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. |