HB 1261

CS

CHAMBER ACTION

1	The Committee on Public Safety & Crime Prevention recommends the
2	following:
3
4	Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to hazing; specifying conduct that
8	constitutes hazing at certain high schools; creating new
9	offenses of hazing at a high school with grades 9-12;
10	providing a definition of the term "hazing"; providing for
11	a third degree felony offense of hazing at a high school;
12	providing for a first degree misdemeanor offense of hazing
13	at a high school; specifying the elements of each offense;
14	providing for criminal penalties; requiring the court to
15	impose a hazing education course as a condition of
16	sentence in certain circumstances; authorizing the court
17	to impose a condition of drug or alcohol probation in
18	certain circumstances; specifying circumstances that do
19	not constitute a valid defense to a prosecution of hazing
20	at a high school; amending s. 1006.63, F.S.; revising the
21	definition of the term "hazing"; providing a popular name;
22	providing for a third degree felony offense of hazing;
23	providing for a first degree misdemeanor offense of
24	hazing; specifying the elements of each offense; providing
25	for criminal penalties; requiring the court to impose a
26	hazing education course as a condition of sentence in
27	certain circumstances; authorizing the court to impose a
28	condition of drug or alcohol probation in certain
29	circumstances; specifying circumstances that do not
30	constitute a valid defense to a prosecution for the
31	offense of hazing; amending s. 1001.64, F.S.; revising a
32	cross reference, to conform; providing a limiting
33	construction of the act; providing an effective date.
34
35	Be It Enacted by the Legislature of the State of Florida:
36
37	Section 1.  Hazing at high schools with grades 9 through 12
38	institutions prohibited.--
39	(1)  As used in this section, "hazing" means any action or
40	situation that recklessly or intentionally endangers the mental
41	or physical health or safety of a student for purposes
42	including, but not limited to, initiation or admission into or
43	affiliation with any organization operating under the sanction
44	of a high school with grades 9 through 12. Such term includes,
45	but is not limited to, pressuring or coercing a person into
46	violating state or federal law, any brutality of a physical
47	nature, such as whipping, beating, branding, exposure to the
48	elements, forced consumption of any food, liquor, drug, or other
49	substance, or other forced physical activity which could
50	adversely affect the physical health or safety of the student,
51	and also includes any activity which would subject the student
52	to extreme mental stress, such as sleep deprivation, forced
53	exclusion from social contact, forced conduct which could result
54	in extreme embarrassment, or other forced activity which could
55	adversely affect the mental health or dignity of the student.
56	Hazing does not include customary athletic events or other
57	similar contests or competitions. Hazing does not include any
58	activity or conduct that furthers a legal and legitimate
59	objective.
60	(2)  A person is guilty of hazing, a third degree felony,
61	punishable as provided in s. 775.082 or s. 775.083, Florida
62	Statutes, when he or she intentionally or recklessly orders,
63	directs, pressures, or coerces another person who is a member of
64	or an applicant to any type of student organization to engage in
65	conduct that results in the serious bodily injury or death of
66	such other person or that creates a substantial risk of physical
67	injury to such other person and thereby causes such injury or
68	death.
69	(3)  A person is guilty of hazing, a first degree
70	misdemeanor, punishable as provided in s. 775.082 or s. 775.083,
71	Florida Statutes, when, in the course of another person's
72	initiation into or affiliation with any organization, he or she
73	intentionally or recklessly engages in conduct which creates a
74	substantial risk of physical injury to such other person or a
75	third person.
76	(4)  As a condition of any sentence imposed pursuant to
77	subsection (2) or subsection (3), the court shall order the
78	defendant to attend and complete a 4-hour hazing education
79	course and may also impose a condition of drug or alcohol
80	probation.
81	(5)(a)  Consent of the victim to the hazing is not a valid
82	defense to a prosecution for the offense of hazing.
83	(b)  It is not a defense to the offense of hazing that the
84	conduct or activity that resulted in the death or injury of a
85	person was not part of an official organizational event or was
86	not otherwise sanctioned or approved by the organization.
87	(c)  It is not a defense to the offense of hazing that the
88	conduct or activity that resulted in death or injury of the
89	person was not done as a condition of membership to an
90	organization.
91	Section 2.  Section 1006.63, Florida Statutes, is amended
92	to read:
93	1006.63  Hazing prohibited.--
94	(1)  As used in this section, "hazing" means any action or
95	situation that recklessly or intentionally endangers the mental
96	or physical health or safety of a student for the purposes
97	including, but not limited to, purpose of initiation or
98	admission into or affiliation with any organization operating
99	under the sanction of a postsecondary institution. Such term
100	includes, but is not limited to, pressuring or coercing a person
101	into violating state or federal law, any brutality of a physical
102	nature, such as whipping, beating, branding, forced
103	calisthenics, exposure to the elements, forced consumption of
104	any food, liquor, drug, or other substance, or other forced
105	physical activity which could adversely affect the physical
106	health or safety of the student, and also includes any activity
107	which would subject the student to extreme mental stress, such
108	as sleep deprivation, forced exclusion from social contact,
109	forced conduct which could result in extreme embarrassment, or
110	other forced activity which could adversely affect the mental
111	health or dignity of the student. Hazing does not include
112	customary athletic events or other similar contests or
113	competitions. Hazing does not include any activity or conduct
114	that furthers a legal and legitimate objective.
115	(2)  This act may be known by the popular name the "Chad
116	Meredith Act." A person is guilty of hazing, a third degree
117	felony, punishable as provided in s. 775.082 or s. 775.083, when
118	he or she intentionally or recklessly orders, directs,
119	pressures, or coerces another person who is a member of or an
120	applicant to any type of student organization to engage in
121	conduct that results in the serious bodily injury or death of
122	such other person or that creates a substantial risk of physical
123	injury to such other person and thereby causes such injury or
124	death.
125	(3)  A person is guilty of hazing, a first degree
126	misdemeanor, punishable as provided in s. 775.082 or s. 775.083,
127	when, in the course of another person's initiation into or
128	affiliation with any organization, he or she intentionally or
129	recklessly engages in conduct which creates a substantial risk
130	of physical injury to such other person or a third person.
131	(4)  As a condition of any sentence imposed pursuant to
132	subsection (2) or subsection (3), the court shall order the
133	defendant to attend and complete a 4-hour hazing education
134	course and may also impose a condition of drug or alcohol
135	probation.
136	(5)(a)  Consent of the victim to the hazing is not a valid
137	defense to a prosecution for the offense of hazing.
138	(b)  It is not a defense to the offense of hazing that the
139	conduct or activity that resulted in the death or injury of a
140	person was not part of an official organizational event or was
141	not otherwise sanctioned or approved by the organization.
142	(c)  It is not a defense to the offense of hazing that the
143	conduct or activity that resulted in death or injury of the
144	person was not done as a condition of membership to an
145	organization.
146	(6)(2)  Public and nonpublic postsecondary educational
147	institutions whose students receive state student financial
148	assistance must adopt a written antihazing policy and under such
149	policy must adopt rules prohibiting students or other persons
150	associated with any student organization from engaging in
151	hazing.
152	(7)(3)  Public and nonpublic postsecondary educational
153	institutions must provide a program for the enforcement of such
154	rules and must adopt appropriate penalties for violations of
155	such rules, to be administered by the person at the institution
156	responsible for the sanctioning of such organizations.
157	(a)  Such penalties at community colleges and state
158	universities may include the imposition of fines; the
159	withholding of diplomas or transcripts pending compliance with
160	the rules or pending payment of fines; and the imposition of
161	probation, suspension, or dismissal.
162	(b)  In the case of an organization at a community college
163	or state university which authorizes hazing in blatant disregard
164	of such rules, penalties may also include rescission of
165	permission for that organization to operate on campus property
166	or to otherwise operate under the sanction of the institution.
167	(c)  All penalties imposed under the authority of this
168	subsection shall be in addition to any penalty imposed for
169	violation of any of the criminal laws of this state or for
170	violation of any other rule of the institution to which the
171	violator may be subject.
172	(8)(4)  Rules adopted pursuant hereto shall apply to acts
173	conducted on or off campus whenever such acts are deemed to
174	constitute hazing.
175	(9)(5)  Upon approval of the antihazing policy of a
176	community college or state university and of the rules and
177	penalties adopted pursuant thereto, the institution shall
178	provide a copy of such policy, rules, and penalties to each
179	student enrolled in that institution and shall require the
180	inclusion of such policy, rules, and penalties in the bylaws of
181	every organization operating under the sanction of the
182	institution.
183	Section 3.  Paragraph (e) of subsection (8) of section
184	1001.64, Florida Statutes, is amended to read:
185	1001.64  Community college boards of trustees; powers and
186	duties.--
187	(8)  Each board of trustees has authority for policies
188	related to students, enrollment of students, student records,
189	student activities, financial assistance, and other student
190	services.
191	(e)  Each board of trustees must adopt a written antihazing
192	policy, provide a program for the enforcement of such rules, and
193	adopt appropriate penalties for violations of such rules
194	pursuant to the provisions of s. 1006.63(1)-(3).
195	Section 4.  Nothing in this act shall be construed to
196	constitute grounds for any civil cause of action that is not
197	otherwise provided in law.
198	Section 5.  This act shall take effect October 1, 2004, and
199	shall apply to offenses committed on or after that date.

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