FLORIDA DEPARTMENT OF EDUCATION
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STATE BOARD OF EDUCATION
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John L. Winn
Commissioner of Education
F. PHILIP HANDY,
Chairman
T. WILLARD FAIR,
Vice Chairman
Members
DONNA G. CALLAWAY
JULIA L. JOHNSON
ROBERTO MARTÍNEZ
PHOEBE RAULERSON
LINDA K. TAYLOR
CONTACT PERSONS
NAME:
Lorraine Husum Allen
Judy Bishop
PHONE:
850-245-0416
SUNCOM:
205-0416
E-MAIL:
Lorraine.Allen@fldoe.org
Judy.Bishop@fldoe.org
K-12:
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2005-103
MEMORANDUM
TO:
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District School Superintendents
FROM:
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Jeanine Blomberg
DATE
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August 3, 2005
SUBJECT:
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Chad Meredith Act Pertaining to School Hazing - Chapter 2005-146, Laws of
Florida
In the 2005 Legislative Session, House Bill 193, the “Chad Meredith Act” (Chapter 2005-146,
Laws of Florida), was enacted and titled for Chad Meredith, a student at a Florida university who
died in a hazing incident. This bill created Section 1006.135, Florida Statutes, prohibiting hazing
at high schools with grades 9-12 and amends Section 1006.63, Florida Statutes, prohibiting
hazing at postsecondary institutions whose students receive state student financial assistance. To
access the law, please click on the link below:
http://election.dos.state.fl.us/laws/05laws/ch_2005-146.pdf.
The act provides a similar definition of “hazing” at the high school and postsecondary levels.
“Hazing” at the high school level is defined as:
JEANINE BLOMBERG
CHIEF OF STAFF
325 W. GAINES STREET • SUITE 1514 • TALLAHASSEE, FL 32399-0400 • (850) 245-9663 • www.fldoe.org
District School Superintendents
August 3, 2005
Page Two
“. . . any action or situation that recklessly or intentionally endangers the mental
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or physical health or safety of a student at a high school with grades 9 through 12 for
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purposes, including, but not limited to, initiation or admission into or affiliation with
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any organization operating under the sanction of a high school with grades 9 through
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12. ‘Hazing’ includes, but is not limited to, pressuring or coercing the student into
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violating state or federal law, any brutality of a physical nature, such as whipping,
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beating, branding, exposure to the elements, forced consumption of any food, liquor,
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drug, or other substance, or other forced physical activity that could adversely affect
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the physical health or safety of the student, and also includes any activity that would
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subject the student to extreme mental stress, such as sleep deprivation, forced
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exclusion from social contact, forced conduct that could result in extreme
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embarrassment, or other forced activity that could adversely affect the mental health
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or dignity of the student. Hazing does not include customary athletic events or other
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similar contests or competitions or any activity or conduct that furthers a legal and
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legitimate objective.”
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The new definition of “hazing” created for high schools, and the definition for postsecondary
institutions in Section 1006.63, Florida Statutes, exclude customary athletic events or other
similar contests or competitions. The bill states that hazing does not include any activity or
conduct that furthers a legal and legitimate objective.
The bill creates new criminal offenses specific to hazing at the high school or postsecondary
level. Specifically:
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It is a first-degree misdemeanor to commit an act of hazing that creates a substantial
risk of physical injury or death.
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It is a third-degree felony if the act of hazing actually results in serious bodily injury
or death.
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A sentencing court shall order the defendant to complete a four-hour hazing education
course and may also impose a condition of drug or alcohol probation.
These new criminal offenses may not be construed to preclude prosecution for a more general
offense resulting from the same criminal transaction or episode.
The act provides that certain general defenses to a criminal action are not applicable to the crime
of hazing. The following are not defenses for hazing:
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The victim consented to the hazing.
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The conduct or activity was not sanctioned or approved as an official organizational
event.
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The act was not done as a condition of membership to the organization.
District School Superintendents
August 3, 2005
Page Three
Although the act does not require school districts to adopt a written anti-hazing policy or adopt
rules prohibiting students or other persons associated with any student organization from
engaging in hazing, as it does for postsecondary institutions in Section 1006.63, Florida Statutes,
it is recommended that school districts do so and include anti-hazing provisions in their code of
student conduct as they update their code.
Over the next year, with input from district personnel, the Department will review whether there
should be additional special coding for the reporting of incidents of crime and violence involving
hazing in the School Environmental Safety Incident Reporting (SESIR) System. In the interim,
such incidents should be reported according to the current SESIR definitions. For example, if
the hazing resulted in the student or students defacing school property with graffiti, the incident
would be coded as “Vandalism” in the SESIR system. SESIR definitions can be found at:
http://www.firn.edu/doe/besss/sesir/0001pdf/0001definitions.pdf
If you have questions or comments, please contact Lorraine Allen, Administrator, or Judy
Bishop, Program Specialist, Office of Safe and Healthy Schools.
JB/lha
cc:
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Student Services Director
Safe and Drug-Free Schools Coordinators
Management Information Systems (MIS) Contacts
