HB 0193

CS

CHAMBER ACTION

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

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