HB 0193

1	A bill to be entitled
2	An act relating to hazing; providing a popular name;
3	specifying conduct that constitutes hazing at high schools
4	with grades 9-12; creating new offenses of hazing at such
5	a high school; providing a definition; providing for
6	felony and misdemeanor offenses of hazing at such a high
7	school; specifying the elements of each offense; providing
8	criminal penalties; requiring the court to impose a hazing
9	education course as a condition of sentence in certain
10	circumstances; authorizing the court to impose a condition
11	of drug or alcohol probation in certain circumstances;
12	specifying circumstances that do not constitute a valid
13	defense to a prosecution of hazing at such a high school;
14	amending s. 1006.63, F.S.; revising a definition;
15	providing for felony and misdemeanor offenses of hazing at
16	postsecondary educational institutions; specifying the
17	elements of each offense; providing for criminal
18	penalties; requiring the court to impose a hazing
19	education course as a condition of sentence in certain
20	circumstances; authorizing the court to impose a condition
21	of drug or alcohol probation in certain circumstances;
22	specifying circumstances that do not constitute a valid
23	defense to a prosecution for the offense of hazing;
24	amending s. 1001.64, F.S., to conform a cross reference;
25	providing construction with respect to civil causes of
26	action; providing applicability; providing an effective
27	date.
28
29	Be It Enacted by the Legislature of the State of Florida:
30
31	Section 1.  This act may be cited as the "Chad Meredith
32	Act."
33	Section 2.  Hazing at high schools with grades 9-12
34	prohibited.--
35	(1)  As used in this section, "hazing" means any action or
36	situation that recklessly or intentionally endangers the mental
37	or physical health or safety of a student at a high school with
38	grades 9 through 12 for purposes, including, but not limited to,
39	initiation or admission into or affiliation with any
40	organization operating under the sanction of a high school with
41	grades 9 through 12. "Hazing" includes, but is not limited to,
42	pressuring or coercing the student into violating state or
43	federal law, any brutality of a physical nature, such as
44	whipping, beating, branding, exposure to the elements, forced
45	consumption of any food, liquor, drug, or other substance, or
46	other forced physical activity that could adversely affect the
47	physical health or safety of the student, and also includes any
48	activity that would subject the student to extreme mental
49	stress, such as sleep deprivation, forced exclusion from social
50	contact, forced conduct that could result in extreme
51	embarrassment, or other forced activity that could adversely
52	affect the mental health or dignity of the student. Hazing does
53	not include customary athletic events or other similar contests
54	or competitions or any activity or conduct that furthers a legal
55	and legitimate objective.
56	(2)  A person commits hazing, a third degree felony,
57	punishable as provided in s. 775.082 or s. 775.083, Florida
58	Statutes, when he or she intentionally or recklessly commits any
59	act of hazing as defined in subsection (1) upon another person
60	who is a member of or an applicant to any type of student
61	organization and the hazing results in serious bodily injury or
62	death of such other person.
63	(3)  A person commits hazing, a first degree misdemeanor,
64	punishable as provided in s. 775.082 or s. 775.083, Florida
65	Statutes, when he or she intentionally or recklessly commits any
66	act of hazing as defined in subsection (1) upon another person
67	who is a member of or an applicant to any type of student
68	organization and the hazing creates a substantial risk of
69	physical injury or death to such other person.
70	(4)  As a condition of any sentence imposed pursuant to
71	subsection (2) or subsection (3), the court shall order the
72	defendant to attend and complete a 4-hour hazing education
73	course and may also impose a condition of drug or alcohol
74	probation.
75	(5)  It is not a defense to a charge of hazing that:
76	(a)  Consent of the victim had been obtained;
77	(b)  The conduct or activity that resulted in the death or
78	injury of a person was not part of an official organizational
79	event or was not otherwise sanctioned or approved by the
80	organization; or
81	(c)  The conduct or activity that resulted in death or
82	injury of the person was not done as a condition of membership
83	to an organization.
84	Section 3.  Section 1006.63, Florida Statutes, is amended
85	to read:
86	1006.63  Hazing prohibited.--
87	(1)  As used in this section, "hazing" means any action or
88	situation that recklessly or intentionally endangers the mental
89	or physical health or safety of a student for purposes,
90	including, but not limited to, the purpose of initiation or
91	admission into or affiliation with any organization operating
92	under the sanction of a postsecondary institution. "Hazing" Such
93	term includes, but is not limited to, pressuring or coercing the
94	student into violating state or federal law, any brutality of a
95	physical nature, such as whipping, beating, branding, forced
96	calisthenics, exposure to the elements, forced consumption of
97	any food, liquor, drug, or other substance, or other forced
98	physical activity that which could adversely affect the physical
99	health or safety of the student, and also includes any activity
100	that which would subject the student to extreme mental stress,
101	such as sleep deprivation, forced exclusion from social contact,
102	forced conduct that which could result in extreme embarrassment,
103	or other forced activity that which could adversely affect the
104	mental health or dignity of the student. Hazing does not include
105	customary athletic events or other similar contests or
106	competitions or any activity or conduct that furthers a legal
107	and legitimate objective.
108	(2)  A person commits hazing, a third degree felony,
109	punishable as provided in s. 775.082 or s. 775.083, when he or
110	she intentionally or recklessly commits any act of hazing as
111	defined in subsection (1) upon another person who is a member of
112	or an applicant to any type of student organization and the
113	hazing results in serious bodily injury or death of such other
114	person.
115	(3)  A person commits hazing, a first degree misdemeanor,
116	punishable as provided in s. 775.082 or s. 775.083, when he or
117	she intentionally or recklessly commits any act of hazing as
118	defined in subsection (1) upon another person who is a member of
119	or an applicant to any type of student organization and the
120	hazing creates a substantial risk of physical injury or death to
121	such other person.
122	(4)  As a condition of any sentence imposed pursuant to
123	subsection (2) or subsection (3), the court shall order the
124	defendant to attend and complete a 4-hour hazing education
125	course and may also impose a condition of drug or alcohol
126	probation.
127	(5)  It is not a defense to a charge of hazing that:
128	(a)  The consent of the victim had been obtained;
129	(b)  The conduct or activity that resulted in the death or
130	injury of a person was not part of an official organizational
131	event or was not otherwise sanctioned or approved by the
132	organization; or
133	(c)  The conduct or activity that resulted in death or
134	injury of the person was not done as a condition of membership
135	to an organization.
136	(6)(2)  Public and nonpublic postsecondary educational
137	institutions whose students receive state student financial
138	assistance must adopt a written antihazing policy and under such
139	policy must adopt rules prohibiting students or other persons
140	associated with any student organization from engaging in
141	hazing.
142	(7)(3)  Public and nonpublic postsecondary educational
143	institutions must provide a program for the enforcement of such
144	rules and must adopt appropriate penalties for violations of
145	such rules, to be administered by the person at the institution
146	responsible for the sanctioning of such organizations.
147	(a)  Such penalties at community colleges and state
148	universities may include the imposition of fines; the
149	withholding of diplomas or transcripts pending compliance with
150	the rules or pending payment of fines; and the imposition of
151	probation, suspension, or dismissal.
152	(b)  In the case of an organization at a community college
153	or state university that which authorizes hazing in blatant
154	disregard of such rules, penalties may also include rescission
155	of permission for that organization to operate on campus
156	property or to otherwise operate under the sanction of the
157	institution.
158	(c)  All penalties imposed under the authority of this
159	subsection shall be in addition to any penalty imposed for
160	violation of any of the criminal laws of this state or for
161	violation of any other rule of the institution to which the
162	violator may be subject.
163	(8)(4)  Rules adopted pursuant hereto shall apply to acts
164	conducted on or off campus whenever such acts are deemed to
165	constitute hazing.
166	(9)(5)  Upon approval of the antihazing policy of a
167	community college or state university and of the rules and
168	penalties adopted pursuant thereto, the institution shall
169	provide a copy of such policy, rules, and penalties to each
170	student enrolled in that institution and shall require the
171	inclusion of such policy, rules, and penalties in the bylaws of
172	every organization operating under the sanction of the
173	institution.
174	Section 4.  Paragraph (e) of subsection (8) of section
175	1001.64, Florida Statutes, is amended to read:
176	1001.64  Community college boards of trustees; powers and
177	duties.--
178	(8)  Each board of trustees has authority for policies
179	related to students, enrollment of students, student records,
180	student activities, financial assistance, and other student
181	services.
182	(e)  Each board of trustees must adopt a written antihazing
183	policy, provide a program for the enforcement of such rules, and
184	adopt appropriate penalties for violations of such rules
185	pursuant to the provisions of s. 1006.63(1)-(3).
186	Section 5.  Nothing in this act shall be construed to
187	constitute grounds for any civil cause of action that is not
188	otherwise provided in law.
189	Section 6.  This act shall take effect July 1, 2005, and
190	shall apply to offenses committed on or after that date.

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