HB 193

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

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