Bill Text: FL S1080 | 2019 | Regular Session | Enrolled
Bill Title: Hazing
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-26 - Chapter No. 2019-133 [S1080 Detail]
Download: Florida-2019-S1080-Enrolled.html
ENROLLED 2019 Legislature CS for CS for CS for SB 1080, 1st Engrossed 20191080er 1 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 a short title; providing that a person may not be 11 prosecuted if certain conditions are met; providing 12 immunity from prosecution to persons who meet 13 specified requirements; defining the term “aid”; 14 reenacting s. 1001.64(8)(e), F.S., relating to Florida 15 College System institution boards of trustees and 16 related powers and duties, to incorporate the 17 amendment made to s. 1006.63, F.S., in a reference 18 thereto; providing an effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Section 1006.63, Florida Statutes, is amended to 23 read: 24 1006.63 Hazing prohibited.— 25 (1) As used in this section, the term “hazing” means any 26 action or situation that recklessly or intentionally endangers 27 the mental or physical health or safety of a student for 28 purposes including, but not limited to:, initiation or admission29into or affiliation with30 (a) Initiation into any organization operating under the 31 sanction of a postsecondary institution; 32 (b) Admission into any organization operating under the 33 sanction of a postsecondary institution; 34 (c) Affiliation with any organization operating under the 35 sanction of a postsecondary institution; or 36 (d) The perpetuation or furtherance of a tradition or 37 ritual of any organization operating under the sanction of a 38 postsecondary institution. 39 40 The term“Hazing”includes, but is not limited to, pressuring or 41 coercing the student into violating state or federal law;,any 42 brutality of a physical nature, such as whipping, beating, 43 branding, exposure to the elements, forced consumption of any 44 food, liquor, drug, or other substance, or other forced physical 45 activity that could adversely affect the physical health or 46 safety of the student; or, and also includesany activity that 47 would subject the student to extreme mental stress, such as 48 sleep deprivation, forced exclusion from social contact, forced 49 conduct that could result in extreme embarrassment, or other 50 forced activity that could adversely affect the mental health or 51 dignity of the student. The termHazingdoes not include 52 customary athletic events or other similar contests or 53 competitions or any activity or conduct that furthers a legal 54 and legitimate objective. 55 (2) A person commits hazing, a third degree felony, 56 punishable as provided in s. 775.082 or s. 775.083, when he or 57 she intentionally or recklessly commits, solicits a person to 58 commit, or is actively involved in the planning of any act of 59 hazing as defined in subsection (1) upon another person who is a 60 member or former member of or an applicant to any type of 61 student organization and the hazing results in a permanent 62 injury, serious bodily injury, or 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, when he or 65 she intentionally or recklessly commits, solicits a person to 66 commit, or is actively involved in the planning of any act of 67 hazing as defined in subsection (1) upon another person who is a 68 member or former member of or an applicant to any type of 69 student organization and the hazing creates a substantial risk 70 of 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) The 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 (7) Public and nonpublic postsecondary educational 89 institutions whose students receive state student financial 90 assistance must adopt a written antihazing policy and under such 91 policy must adopt rules prohibiting students or other persons 92 associated with any student organization from engaging in 93 hazing. 94 (8) Public and nonpublic postsecondary educational 95 institutions must provide a program for the enforcement of such 96 rules and must adopt appropriate penalties for violations of 97 such rules, to be administered by the person at the institution 98 responsible for the sanctioning of such organizations. 99 (a) Such penalties at Florida College System institutions 100 and state universities may include the imposition of fines; the 101 withholding of diplomas or transcripts pending compliance with 102 the rules or pending payment of fines; and the imposition of 103 probation, suspension, or dismissal. 104 (b) In the case of an organization at a Florida College 105 System institution or state university that authorizes hazing in 106 blatant disregard of such rules, penalties may also include 107 rescission of permission for that organization to operate on 108 campus property or to otherwise operate under the sanction of 109 the institution. 110 (c) All penalties imposed under the authority of this 111 subsection shall be in addition to any penalty imposed for 112 violation of any of the criminal laws of this state or for 113 violation of any other rule of the institution to which the 114 violator may be subject. 115 (9) Rules adopted pursuant hereto shall apply to acts 116 conducted on or off campus whenever such acts are deemed to 117 constitute hazing. 118 (10) Upon approval of the antihazing policy of a Florida 119 College System institution or state university and of the rules 120 and penalties adopted pursuant thereto, the institution shall 121 provide a copy of such policy, rules, and penalties to each 122 student enrolled in that institution and shall require the 123 inclusion of such policy, rules, and penalties in the bylaws of 124 every organization operating under the sanction of the 125 institution. 126 (11)(a) This subsection and subsection (12) may be cited as 127 “Andrew’s Law.” 128 (b) A person may not be prosecuted under this section if he 129 or she establishes all of the following: 130 1. That he or she was present at an event where, as a 131 result of hazing, a person appeared to be in need of immediate 132 medical assistance. 133 2. That he or she was the first person to call 911 or 134 campus security to report the need for immediate medical 135 assistance. 136 3. That he or she provided his or her own name, the address 137 where immediate medical assistance was needed, and a description 138 of the medical issue to the 911 operator or campus security at 139 the time of the call. 140 4. That he or she remained at the scene with the person in 141 need of immediate medical assistance until such medical 142 assistance, law enforcement, or campus security arrived and that 143 he or she cooperated with such personnel on the scene. 144 (12) Notwithstanding subsection (11), a person is immune 145 from prosecution under this section if the person establishes 146 that, before medical assistance, law enforcement, or campus 147 security arrived on the scene of a hazing event, the person 148 rendered aid to the hazing victim. For purposes of this 149 subsection, “aid” includes, but is not be limited to, rendering 150 cardiopulmonary resuscitation to the victim, clearing an airway 151 for the victim to breathe, using a defibrillator to assist the 152 victim, or rendering any other assistance to the victim which 153 the person intended in good faith to stabilize or improve the 154 victim’s condition while waiting for medical assistance, law 155 enforcement, or campus security to arrive. 156 Section 2. For the purpose of incorporating the amendment 157 made by this act to section 1006.63, Florida Statutes, in a 158 reference thereto, paragraph (e) of subsection (8) of section 159 1001.64, Florida Statutes, is reenacted to read: 160 1001.64 Florida College System institution boards of 161 trustees; powers and duties.— 162 (8) Each board of trustees has authority for policies 163 related to students, enrollment of students, student records, 164 student activities, financial assistance, and other student 165 services. 166 (e) Each board of trustees must adopt a written antihazing 167 policy, provide a program for the enforcement of such rules, and 168 adopt appropriate penalties for violations of such rules 169 pursuant to the provisions of s. 1006.63. 170 Section 3. This act shall take effect October 1, 2019.