Bill Text: FL S1080 | 2019 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Hazing
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-26 - Chapter No. 2019-133 [S1080 Detail]
Download: Florida-2019-S1080-Comm_Sub.html
Bill Title: Hazing
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-26 - Chapter No. 2019-133 [S1080 Detail]
Download: Florida-2019-S1080-Comm_Sub.html
Florida Senate - 2019 CS for SB 1080 By the Committee on Criminal Justice; and Senator Book 591-02887-19 20191080c1 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 that a person may not be prosecuted 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, the term “hazing” means any 23 action or situation that recklessly or intentionally endangers 24 the mental or physical health or safety of a student for 25 purposes including, but not limited to, initiation or admission 26 into or affiliation with, or the perpetuation or furtherance of 27 a tradition or ritual of, any organization operating under the 28 sanction of a postsecondary institution. The term“Hazing”29 includes, but is not limited to, pressuring or coercing the 30 student into violating state or federal law;,any brutality of a 31 physical nature, such as whipping, beating, branding, exposure 32 to the elements, forced consumption of any food, liquor, drug, 33 or other substance, or other forced physical activity that could 34 adversely affect the physical health or safety of the student; 35 or, and also includesany activity that would subject the 36 student to extreme mental stress, such as sleep deprivation, 37 forced exclusion from social contact, forced conduct that could 38 result in extreme embarrassment, or other forced activity that 39 could adversely affect the mental health or dignity of the 40 student. The termHazingdoes not include customary athletic 41 events or other similar contests or competitions or any activity 42 or conduct that furthers a legal and legitimate objective. 43 (2) A person commits hazing, a third degree felony, 44 punishable as provided in s. 775.082 or s. 775.083, when he or 45 she intentionally or recklessly commits, solicits a person to 46 commit, or is actively involved in the planning of any act of 47 hazing as defined in subsection (1) upon another person who is a 48 member or former member of or an applicant to any type of 49 student organization and the hazing results in a permanent 50 injury, serious bodily injury, or death of such other person. 51 (3) A person commits hazing, a first degree misdemeanor, 52 punishable as provided in s. 775.082 or s. 775.083, when he or 53 she intentionally or recklessly commits, solicits a person to 54 commit, or is actively involved in the planning of any act of 55 hazing as defined in subsection (1) upon another person who is a 56 member or former member of or an applicant to any type of 57 student organization and the hazing creates a substantial risk 58 of physical injury or death to such other person. 59 (4) As a condition of any sentence imposed pursuant to 60 subsection (2) or subsection (3), the court shall order the 61 defendant to attend and complete a 4-hour hazing education 62 course and may also impose a condition of drug or alcohol 63 probation. 64 (5) It is not a defense to a charge of hazing that: 65 (a) The consent of the victim had been obtained; 66 (b) The conduct or activity that resulted in the death or 67 injury of a person was not part of an official organizational 68 event or was not otherwise sanctioned or approved by the 69 organization; or 70 (c) The conduct or activity that resulted in death or 71 injury of the person was not done as a condition of membership 72 to an organization. 73 (6) This section shall not be construed to preclude 74 prosecution for a more general offense resulting from the same 75 criminal transaction or episode. 76 (7) Public and nonpublic postsecondary educational 77 institutions whose students receive state student financial 78 assistance must adopt a written antihazing policy and under such 79 policy must adopt rules prohibiting students or other persons 80 associated with any student organization from engaging in 81 hazing. 82 (8) Public and nonpublic postsecondary educational 83 institutions must provide a program for the enforcement of such 84 rules and must adopt appropriate penalties for violations of 85 such rules, to be administered by the person at the institution 86 responsible for the sanctioning of such organizations. 87 (a) Such penalties at Florida College System institutions 88 and state universities may include the imposition of fines; the 89 withholding of diplomas or transcripts pending compliance with 90 the rules or pending payment of fines; and the imposition of 91 probation, suspension, or dismissal. 92 (b) In the case of an organization at a Florida College 93 System institution or state university that authorizes hazing in 94 blatant disregard of such rules, penalties may also include 95 rescission of permission for that organization to operate on 96 campus property or to otherwise operate under the sanction of 97 the institution. 98 (c) All penalties imposed under the authority of this 99 subsection shall be in addition to any penalty imposed for 100 violation of any of the criminal laws of this state or for 101 violation of any other rule of the institution to which the 102 violator may be subject. 103 (9) Rules adopted pursuant hereto shall apply to acts 104 conducted on or off campus whenever such acts are deemed to 105 constitute hazing. 106 (10) Upon approval of the antihazing policy of a Florida 107 College System institution or state university and of the rules 108 and penalties adopted pursuant thereto, the institution shall 109 provide a copy of such policy, rules, and penalties to each 110 student enrolled in that institution and shall require the 111 inclusion of such policy, rules, and penalties in the bylaws of 112 every organization operating under the sanction of the 113 institution. 114 (11) A person may not be prosecuted under this section if 115 he or she establishes all of the following: 116 (a) That he or she was present at an event where, as a 117 result of hazing, a person appeared to be in need of immediate 118 medical assistance. 119 (b) That he or she was the first person to call 911 or 120 campus security to report the need for immediate medical 121 assistance. 122 (c) That he or she provided his or her own name, the 123 address where immediate medical assistance was needed, and a 124 description of the medical issue to the 911 operator or campus 125 security at the time of the call. 126 (d) That he or she remained at the scene with the person in 127 need of immediate medical assistance until such medical 128 assistance, law enforcement, or campus security arrived and that 129 he or she cooperated with such personnel on the scene. 130 Section 2. For the purpose of incorporating the amendment 131 made by this act to section 1006.63, Florida Statutes, in a 132 reference thereto, paragraph (e) of subsection (8) of section 133 1001.64, Florida Statutes, is reenacted to read: 134 1001.64 Florida College System institution boards of 135 trustees; powers and duties.— 136 (8) Each board of trustees has authority for policies 137 related to students, enrollment of students, student records, 138 student activities, financial assistance, and other student 139 services. 140 (e) Each board of trustees must adopt a written antihazing 141 policy, provide a program for the enforcement of such rules, and 142 adopt appropriate penalties for violations of such rules 143 pursuant to the provisions of s. 1006.63. 144 Section 3. This act shall take effect October 1, 2019.