Senate Bill sb0782c2

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    Florida Senate - 2005                     CS for CS for SB 782

    By the Committees on Justice Appropriations; Criminal Justice;
    and Senators Campbell and Bullard




    604-2307-05

  1                      A bill to be entitled

  2         An act relating to hazing; providing a popular

  3         name; specifying conduct that constitutes

  4         hazing at high schools with grades 9-12;

  5         creating new offenses of hazing at such a high

  6         school; providing a definition; providing for

  7         felony and misdemeanor offenses of hazing at

  8         such a high school; specifying the elements of

  9         each offense; providing criminal penalties;

10         requiring the court to impose a

11         hazing-education course as a condition of

12         sentence in certain circumstances; authorizing

13         the court to impose a condition of drug or

14         alcohol probation in certain circumstances;

15         specifying circumstances that do not constitute

16         a valid defense to a prosecution of hazing at

17         such a high school; creating a rule of

18         construction; amending s. 1006.63, F.S.;

19         revising a definition; providing for felony and

20         misdemeanor offenses of hazing at postsecondary

21         educational institutions; specifying the

22         elements of each offense; providing for

23         criminal penalties; requiring the court to

24         impose a hazing-education course as a condition

25         of sentence in certain circumstances;

26         authorizing the court to impose a condition of

27         drug or alcohol probation in certain

28         circumstances; specifying circumstances that do

29         not constitute a valid defense to a prosecution

30         for the offense of hazing; creating a rule of

31         construction; amending s. 1001.64, F.S., to

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    Florida Senate - 2005                     CS for CS for SB 782
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 1         conform a cross-reference; providing

 2         construction with respect to civil causes of

 3         action; providing applicability; providing an

 4         effective date.

 5  

 6  Be It Enacted by the Legislature of the State of Florida:

 7  

 8         Section 1.  This act may be cited as the "Chad Meredith

 9  Act."

10         Section 2.  Hazing at high schools with grades 9-12

11  prohibited.--

12         (1)  As used in this section, "hazing" means any action

13  or situation that recklessly or intentionally endangers the

14  physical health or safety of a student at a high school with

15  grades 9 through 12 for purposes, including, but not limited

16  to, initiation or admission into or affiliation with any

17  organization operating under the sanction of a high school

18  with grades 9 through 12. "Hazing" includes, but is not

19  limited to, pressuring or coercing the student into violating

20  state or federal law, any brutality of a physical nature, such

21  as whipping, beating, branding, exposure to the elements,

22  forced consumption of any food, liquor, drug, or other

23  substance, or other forced physical activity that could

24  adversely affect the physical health or safety of the student,

25  and also includes any activity that would subject the student

26  to extreme mental stress, such as sleep deprivation, forced

27  exclusion from social contact, forced conduct that could

28  result in extreme embarrassment, or other forced activity that

29  could adversely affect the mental health or dignity of the

30  student. Hazing does not include customary athletic events or

31  

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    Florida Senate - 2005                     CS for CS for SB 782
    604-2307-05




 1  other similar contests or competitions or any activity or

 2  conduct that furthers a legal and legitimate objective.

 3         (2)  A person commits hazing, a third-degree felony,

 4  punishable as provided in section 775.082 or section 775.083,

 5  Florida Statutes, when he or she intentionally or recklessly

 6  commits any act of hazing as defined in subsection (1) upon

 7  another person who is a member of or an applicant to any type

 8  of student organization and the hazing results in serious

 9  bodily injury or death of such other person.

10         (3)  A person commits hazing, a first-degree

11  misdemeanor, punishable as provided in section 775.082 or

12  section 775.083, Florida Statutes, when he or she

13  intentionally or recklessly commits any act of hazing as

14  defined in subsection (1) upon another person who is a member

15  of or an applicant to any type of student organization and the

16  hazing creates a substantial risk of physical injury or death

17  to such other person.

18         (4)  As a condition of any sentence imposed pursuant to

19  subsection (2) or subsection (3), the court shall order the

20  defendant to attend and complete a 4-hour hazing-education

21  course and may also impose a condition of drug or alcohol

22  probation.

23         (5)  It is not a defense to a charge of hazing that:

24         (a)  Consent of the victim had been obtained;

25         (b)  The conduct or activity that resulted in the death

26  or injury of a person was not part of an official

27  organizational event or was not otherwise sanctioned or

28  approved by the organization; or

29         (c)  The conduct or activity that resulted in death or

30  injury of the person was not done as a condition of membership

31  to an organization.

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    Florida Senate - 2005                     CS for CS for SB 782
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 1         (6)  This section shall not be construed to preclude

 2  prosecution for a more general offense resulting from the same

 3  criminal transaction or episode.

 4         Section 3.  Section 1006.63, Florida Statutes, is

 5  amended to read:

 6         1006.63  Hazing prohibited.--

 7         (1)  As used in this section, "hazing" means any action

 8  or situation that recklessly or intentionally endangers the

 9  mental or physical health or safety of a student for purposes,

10  including, but not limited to, the purpose of initiation or

11  admission into or affiliation with any organization operating

12  under the sanction of a postsecondary institution. "Hazing"

13  Such term includes, but is not limited to, pressuring or

14  coercing the student into violating state or federal law, any

15  brutality of a physical nature, such as whipping, beating,

16  branding, forced calisthenics, exposure to the elements,

17  forced consumption of any food, liquor, drug, or other

18  substance, or other forced physical activity that which could

19  adversely affect the physical health or safety of the student,

20  and also includes any activity that which would subject the

21  student to extreme mental stress, such as sleep deprivation,

22  forced exclusion from social contact, forced conduct that

23  which could result in extreme embarrassment, or other forced

24  activity that which could adversely affect the mental health

25  or dignity of the student. Hazing does not include customary

26  athletic events or other similar contests or competitions or

27  any activity or conduct that furthers a legal and legitimate

28  objective.

29         (2)  A person commits hazing, a third-degree felony,

30  punishable as provided in s. 775.082 or s. 775.083, when he or

31  she intentionally or recklessly commits any act of hazing as

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    Florida Senate - 2005                     CS for CS for SB 782
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 1  defined in subsection (1) upon another person who is a member

 2  of or an applicant to any type of student organization and the

 3  hazing results in serious bodily injury or death of such other

 4  person.

 5         (3)  A person commits hazing, a first-degree

 6  misdemeanor, punishable as provided in s. 775.082 or s.

 7  775.083, when he or she intentionally or recklessly commits

 8  any act of hazing as defined in subsection (1) upon another

 9  person who is a member of or an applicant to any type of

10  student organization and the hazing creates a substantial risk

11  of physical injury or death to such other person.

12         (4)  As a condition of any sentence imposed pursuant to

13  subsection (2) or subsection (3), the court shall order the

14  defendant to attend and complete a 4-hour hazing-education

15  course and may also impose a condition of drug or alcohol

16  probation.

17         (5)  It is not a defense to a charge of hazing that:

18         (a)  The consent of the victim had been obtained;

19         (b)  The conduct or activity that resulted in the death

20  or injury of a person was not part of an official

21  organizational event or was not otherwise sanctioned or

22  approved by the organization; or

23         (c)  The conduct or activity that resulted in death or

24  injury of the person was not done as a condition of membership

25  to an organization.

26         (6)  This section shall not be construed to preclude

27  prosecution for a more general offense resulting from the same

28  criminal transaction or episode.

29         (7)(2)  Public and nonpublic postsecondary educational

30  institutions whose students receive state student financial

31  assistance must adopt a written antihazing policy and under

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    Florida Senate - 2005                     CS for CS for SB 782
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 1  such policy must adopt rules prohibiting students or other

 2  persons associated with any student organization from engaging

 3  in hazing.

 4         (8)(3)  Public and nonpublic postsecondary educational

 5  institutions must provide a program for the enforcement of

 6  such rules and must adopt appropriate penalties for violations

 7  of such rules, to be administered by the person at the

 8  institution responsible for the sanctioning of such

 9  organizations.

10         (a)  Such penalties at community colleges and state

11  universities may include the imposition of fines; the

12  withholding of diplomas or transcripts pending compliance with

13  the rules or pending payment of fines; and the imposition of

14  probation, suspension, or dismissal.

15         (b)  In the case of an organization at a community

16  college or state university that which authorizes hazing in

17  blatant disregard of such rules, penalties may also include

18  rescission of permission for that organization to operate on

19  campus property or to otherwise operate under the sanction of

20  the institution.

21         (c)  All penalties imposed under the authority of this

22  subsection shall be in addition to any penalty imposed for

23  violation of any of the criminal laws of this state or for

24  violation of any other rule of the institution to which the

25  violator may be subject.

26         (9)(4)  Rules adopted pursuant hereto shall apply to

27  acts conducted on or off campus whenever such acts are deemed

28  to constitute hazing.

29         (10)(5)  Upon approval of the antihazing policy of a

30  community college or state university and of the rules and

31  penalties adopted pursuant thereto, the institution shall

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    Florida Senate - 2005                     CS for CS for SB 782
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 1  provide a copy of such policy, rules, and penalties to each

 2  student enrolled in that institution and shall require the

 3  inclusion of such policy, rules, and penalties in the bylaws

 4  of every organization operating under the sanction of the

 5  institution.

 6         Section 4.  Paragraph (e) of subsection (8) of section

 7  1001.64, Florida Statutes, is amended to read:

 8         1001.64  Community college boards of trustees; powers

 9  and duties.--

10         (8)  Each board of trustees has authority for policies

11  related to students, enrollment of students, student records,

12  student activities, financial assistance, and other student

13  services.

14         (e)  Each board of trustees must adopt a written

15  antihazing policy, provide a program for the enforcement of

16  such rules, and adopt appropriate penalties for violations of

17  such rules pursuant to the provisions of s. 1006.63(1)-(3).

18         Section 5.  Nothing in this act shall be construed to

19  constitute grounds for any civil cause of action that is not

20  otherwise provided in law.

21         Section 6.  This act shall take effect July 1, 2005,

22  and shall apply to offenses committed on or after that date.

23  

24          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
25                      CS for Senate Bill 782

26                                 

27  Redefines "hazing", at high schools with grades 9 - 12, to
    mean any action or situation that recklessly or intentionally
28  endangers the physical health or safety of a student.

29  

30  

31  

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