Bill Text: FL S1080 | 2019 | Regular Session | Enrolled


Bill Title: Hazing

Spectrum: Bipartisan Bill

Status: (Enrolled) 2019-05-02 - Ordered engrossed, then enrolled [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 admission
   29  into or affiliation with
   30         (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 includes any 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 term Hazing does 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.

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