Florida Senate - 2019                                    SB 1080
       
       
        
       By Senator Book
       
       
       
       
       
       32-01496-19                                           20191080__
    1                        A bill to be entitled                      
    2         An act relating to hazing; amending s. 1006.63, F.S.;
    3         redefining the term “hazing”; expanding the crime of
    4         hazing, a third degree felony, to include when a
    5         person solicits others to commit or is actively
    6         involved in the planning of hazing; expanding the
    7         crime of hazing, a first degree misdemeanor, to
    8         include when a person solicits others to commit or is
    9         actively involved in the planning of hazing; providing
   10         for a person’s immunity from prosecution if certain
   11         conditions are met; reenacting s. 1001.64(8)(e), F.S.,
   12         relating to Florida College System institution boards
   13         of trustees and related powers and duties, to
   14         incorporate the amendment made to s. 1006.63, F.S., in
   15         a reference thereto; providing an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 1006.63, Florida Statutes, is amended to
   20  read:
   21         1006.63 Hazing prohibited.—
   22         (1) As used in this section, “hazing” means any action or
   23  situation that recklessly or intentionally endangers the mental
   24  or physical health or safety of a student for purposes
   25  including, but not limited to, initiation or admission into or
   26  affiliation with any organization operating under the sanction
   27  of a postsecondary institution, or to perpetuate or further a
   28  tradition or ritual of any organization operating under the
   29  sanction of a postsecondary institution. “Hazing” includes, but
   30  is not limited to, pressuring or coercing the student into
   31  violating state or federal law, any brutality of a physical
   32  nature, such as whipping, beating, branding, exposure to the
   33  elements, forced consumption of any food, liquor, drug, or other
   34  substance, or other forced physical activity that could
   35  adversely affect the physical health or safety of the student,
   36  and also includes any activity that would subject the student to
   37  extreme mental stress, such as sleep deprivation, forced
   38  exclusion from social contact, forced conduct that could result
   39  in extreme embarrassment, or other forced activity that could
   40  adversely affect the mental health or dignity of the student.
   41  Hazing does not include customary athletic events or other
   42  similar contests or competitions or any activity or conduct that
   43  furthers a legal and legitimate objective.
   44         (2) A person commits hazing, a third degree felony,
   45  punishable as provided in s. 775.082 or s. 775.083, when he or
   46  she intentionally or recklessly commits, solicits others to
   47  commit, or is actively involved in the planning of any act of
   48  hazing as defined in subsection (1) upon another person who is a
   49  member of, affiliated with, or an applicant to any type of
   50  student organization and the hazing results in a permanent
   51  injury, serious bodily injury, or death of such other person.
   52         (3) A person commits hazing, a first degree misdemeanor,
   53  punishable as provided in s. 775.082 or s. 775.083, when he or
   54  she intentionally or recklessly commits, solicits others to
   55  commit, or is actively involved in the planning of any act of
   56  hazing as defined in subsection (1) upon another person who is a
   57  member of, affiliated with, or an applicant to any type of
   58  student organization and the hazing creates a substantial risk
   59  of physical injury or death to such other person.
   60         (4) As a condition of any sentence imposed pursuant to
   61  subsection (2) or subsection (3), the court shall order the
   62  defendant to attend and complete a 4-hour hazing education
   63  course and may also impose a condition of drug or alcohol
   64  probation.
   65         (5) It is not a defense to a charge of hazing that:
   66         (a) The consent of the victim had been obtained;
   67         (b) The conduct or activity that resulted in the death or
   68  injury of a person was not part of an official organizational
   69  event or was not otherwise sanctioned or approved by the
   70  organization; or
   71         (c) The conduct or activity that resulted in death or
   72  injury of the person was not done as a condition of membership
   73  to an organization.
   74         (6) This section shall not be construed to preclude
   75  prosecution for a more general offense resulting from the same
   76  criminal transaction or episode.
   77         (7) Public and nonpublic postsecondary educational
   78  institutions whose students receive state student financial
   79  assistance must adopt a written antihazing policy and under such
   80  policy must adopt rules prohibiting students or other persons
   81  associated with any student organization from engaging in
   82  hazing.
   83         (8) Public and nonpublic postsecondary educational
   84  institutions must provide a program for the enforcement of such
   85  rules and must adopt appropriate penalties for violations of
   86  such rules, to be administered by the person at the institution
   87  responsible for the sanctioning of such organizations.
   88         (a) Such penalties at Florida College System institutions
   89  and state universities may include the imposition of fines; the
   90  withholding of diplomas or transcripts pending compliance with
   91  the rules or pending payment of fines; and the imposition of
   92  probation, suspension, or dismissal.
   93         (b) In the case of an organization at a Florida College
   94  System institution or state university that authorizes hazing in
   95  blatant disregard of such rules, penalties may also include
   96  rescission of permission for that organization to operate on
   97  campus property or to otherwise operate under the sanction of
   98  the institution.
   99         (c) All penalties imposed under the authority of this
  100  subsection shall be in addition to any penalty imposed for
  101  violation of any of the criminal laws of this state or for
  102  violation of any other rule of the institution to which the
  103  violator may be subject.
  104         (9) Rules adopted pursuant hereto shall apply to acts
  105  conducted on or off campus whenever such acts are deemed to
  106  constitute hazing.
  107         (10) Upon approval of the antihazing policy of a Florida
  108  College System institution or state university and of the rules
  109  and penalties adopted pursuant thereto, the institution shall
  110  provide a copy of such policy, rules, and penalties to each
  111  student enrolled in that institution and shall require the
  112  inclusion of such policy, rules, and penalties in the bylaws of
  113  every organization operating under the sanction of the
  114  institution.
  115         (11) A person shall be immune from prosecution under this
  116  section if the person establishes all of the following:
  117         (a) The person was present at an event where, as a result
  118  of hazing as defined in subsection (1), another person appeared
  119  to be in need of immediate medical assistance.
  120         (b) The person was the first to call 911 or campus security
  121  to report the need for immediate medical assistance.
  122         (c) The person provided his or her name, the address where
  123  the medical assistance was needed, and a description of the
  124  medical issue to the 911 operator or campus security during the
  125  call.
  126         (d) The person who called 911 or campus security remained
  127  at the scene with the other person in need of immediate medical
  128  assistance until a provider of medical assistance or law
  129  enforcement personnel arrived at the scene.
  130         (e) The person cooperated with the provider of medical
  131  assistance and law enforcement personnel at the scene.
  132         Section 2. For the purpose of incorporating the amendment
  133  made by this act to section 1006.63, Florida Statutes, in a
  134  reference thereto, paragraph (e) of subsection (8) of section
  135  1001.64, Florida Statutes, is reenacted to read:
  136         1001.64 Florida College System institution boards of
  137  trustees; powers and duties.—
  138         (8) Each board of trustees has authority for policies
  139  related to students, enrollment of students, student records,
  140  student activities, financial assistance, and other student
  141  services.
  142         (e) Each board of trustees must adopt a written antihazing
  143  policy, provide a program for the enforcement of such rules, and
  144  adopt appropriate penalties for violations of such rules
  145  pursuant to the provisions of s. 1006.63.
  146         Section 3. This act shall take effect July 1, 2019.