Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. PCS (672552) for SB 1394
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/23/2014           .                                

       The Committee on Appropriations (Grimsley) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete lines 33 - 43
    4  and insert:
    5         Section 2. Subsection (3) of section 1003.4281, Florida
    6  Statutes, is amended to read:
    7         1003.4281 Early high school graduation.—
    8         (3) A student who graduates early may continue to
    9  participate in school activities, and social events, and school
   10  authorized or education-related activities occurring during or
   11  outside of the regular instructional school day, regardless of
   12  location, and attend and participate in graduation events with
   13  the student’s cohort, as if the student were still enrolled in
   14  high school. A student who graduates early will be included in
   15  class ranking, honors, and award determinations for the
   16  student’s cohort. A student who graduates early must comply with
   17  district school board rules and policies regarding access to the
   18  school facilities and grounds during normal operating hours.
   19         Section 3. Paragraph (b) of subsection (1) of section
   20  1003.4285, Florida Statutes, is amended to read:
   21         1003.4285 Standard high school diploma designations.—
   22         (1) Each standard high school diploma shall include, as
   23  applicable, the following designations if the student meets the
   24  criteria set forth for the designation:
   25         (b) Merit designation.—In addition to the requirements of
   26  ss. 1003.428 and 1003.4282, as applicable, in order to earn the
   27  Merit designation, a student must attain two one or more
   28  industry certifications from the list established under s.
   29  1003.492.
   30         Section 4. Subsection (1) and paragraphs (a), (b), and (f)
   31  of subsection (2) of section 1006.20, Florida Statutes, are
   32  amended to read:
   33         1006.20 Athletics in public K-12 schools.—
   34         (1) GOVERNING NONPROFIT ORGANIZATION.—The Florida High
   35  School Athletic Association (FHSAA) is designated as the
   36  governing nonprofit organization of athletics in Florida public
   37  schools.
   38         (a) If the FHSAA fails to meet the provisions of this
   39  section, the commissioner shall designate a nonprofit
   40  organization to govern athletics with the approval of the State
   41  Board of Education.
   42         (b) The FHSAA is not a state agency as defined in s.
   43  120.52. The FHSAA is shall be subject to the provisions of s.
   44  1006.19.
   45         (c) A private school that wishes to engage in high school
   46  athletic competition with a public high school may become a
   47  member of the FHSAA. Any high school in the state, including
   48  charter schools, virtual schools, and home education
   49  cooperatives, may become a member of the FHSAA and participate
   50  in the activities of the FHSAA. As used in this paragraph, the
   51  term “NFHS” means National Federation of State High School
   52  Associations. However,
   53         1. Membership in the FHSAA is not mandatory for any school.
   54         2. The FHSAA may not deny or discourage interscholastic
   55  competition between its member schools and non-FHSAA member
   56  Florida schools, including members of another athletic governing
   57  organization, or out-of-state schools that are not members of
   58  high school athletic associations that are NFHS members or NFHS
   59  affiliate members. The FHSAA and may not take any retributory or
   60  discriminatory action against any of its member schools that
   61  participate in interscholastic competitions competition with
   62  non-FHSAA member Florida schools or out-of-state schools that
   63  are not affiliate members of the NFHS.
   64         3. The FHSAA may not unreasonably withhold its approval of
   65  an application to become a NFHS an affiliate member which is of
   66  the National Federation of State High School Associations
   67  submitted by any other organization that governs interscholastic
   68  athletic competition in this state.
   69         (d) The bylaws of the FHSAA are the rules by which high
   70  school athletic programs in its member schools, and the students
   71  who participate in them, are governed, unless otherwise
   72  specifically provided by statute.
   73         (e) As used in For the purposes of this section, the term
   74  “high school” includes grades 6 through 12.
   76         (a) The FHSAA shall adopt bylaws that, unless otherwise
   77  specifically provided by the Florida Statutes statute, presume
   78  the establish eligibility of requirements for all students to
   79  who participate in the interscholastic high school athletic
   80  competitions of competition in its member schools and that
   81  specify a limited and enumerated list of violations that may
   82  result in the ineligibility of students to participate in any
   83  interscholastic athletic competition of its member schools. The
   84  bylaws must provide the following:
   85         1. A governing residence and transfer shall allow the
   86  student remains to be eligible in the school in which he or she
   87  first enrolls each school year or the school in which the
   88  student makes himself or herself a candidate for an athletic
   89  team by engaging in a practice prior to enrolling in the school.
   90         2. A The bylaws shall also allow the student is to be
   91  eligible to participate in interscholastic athletic competitions
   92  in the school to which the student has transferred during the
   93  school year if the transfer is made by a deadline established by
   94  the FHSAA, which may not be prior to the date authorized for the
   95  beginning of practice for the sport. These transfers shall be
   96  allowed pursuant to the district school board policies in the
   97  case of transfer to a public school or pursuant to the private
   98  school policies in the case of transfer to a private school. The
   99  student shall be eligible in that school so long as he or she
  100  remains enrolled in that school. Subsequent eligibility shall be
  101  determined and enforced through the FHSAA’s bylaws. Requirements
  102  governing eligibility and transfer between member schools shall
  103  be applied similarly to public school students and private
  104  school students. A student may transfer schools for academic and
  105  athletic purposes if all other applicable eligibility and
  106  transfer requirements are met.
  107         3. A student may not be declared ineligible to play in
  108  interscholastic athletic competitions based upon a violation of
  109  the FHSAA’s recruitment policy or otherwise because the student:
  110         a. Participated on a nonschool team or non-school teams
  111  affiliated with the school in which the student ultimately
  112  enrolls; or
  113         b. Participated in nonschool athletic activities sponsored
  114  by a member school if, after participating, the student
  115  registers for, enrolls in, or applies to attend the sponsoring
  116  school.
  118  As used in this subparagraph, nonschool teams include, but are
  119  not limited to, club teams, travel teams, grade school teams,
  120  recreational league teams, personal instruction sessions, and
  121  summer camp teams. Nonschool athletic activities include, but
  122  are not limited to, activities at a summer camp nonschool
  123  athletic program.
  124         (b) The FHSAA shall adopt bylaws that specifically prohibit
  125  the recruiting of students for athletic purposes. The
  126  restrictions applied to any recruiting activities shall be
  127  expressly listed and clearly defined in the bylaws adopted by
  128  the FHSAA. The bylaws must shall prescribe penalties and an
  129  appeals process for the enumerated athletic recruiting
  130  violations included in the bylaws.
  131         1. If it is determined that a school has recruited a
  132  student in violation of FHSAA bylaws, the FHSAA may require the
  133  school to participate in a higher classification for the sport
  134  in which the recruited student competes for a minimum of one
  135  classification cycle, in addition to any other appropriate fine
  136  and sanction imposed on the school, its coaches, or adult
  137  representatives who violate recruiting rules.
  138         2. A student may not be declared ineligible based on
  139  violation of recruiting rules unless the student or parent has
  140  falsified any enrollment or eligibility document or accepted any
  141  benefit or any promise of benefit if such benefit is not
  142  generally available to the school’s students or family members
  143  or is based in any way on athletic interest, potential, or
  144  performance.
  145         3. The mass distribution of untargeted mailings, electronic
  146  mailings, or preprinted guides or booklets by or on behalf of a
  147  member school which include detailed information regarding such
  148  member school’s interscholastic athletic programs is not a
  149  violation of the FHSAA’s athletic recruiting or sportsmanship
  150  policies.
  151         (f) The FHSAA shall adopt bylaws that establish sanctions
  152  for a person coaches who commits have committed major violations
  153  of the FHSAA’s bylaws and policies. As used in this paragraph,
  154  the term “person” means a coach, an administrator, an official,
  155  a faculty member, a member of the athletic staff, or any other
  156  individual engaged in representing, supporting, or promoting the
  157  athletic interests of a member school in an official capacity or
  158  unofficial, school-sanctioned capacity.
  159         1. Major violations include, but are not limited to,
  160  knowingly allowing an ineligible student to participate in a
  161  contest representing a member school in an interscholastic
  162  contest, or committing a violation of the FHSAA’s recruiting or
  163  sportsmanship policies, or colluding with a person to prevent a
  164  member or nonmember school from scheduling competitions among
  165  themselves.
  166         2. Sanctions placed upon an individual person coach may
  167  include, but are not limited to, prohibiting or suspending the
  168  person coach from coaching, participating in, or attending any
  169  athletic activity sponsored, recognized, or sanctioned by the
  170  FHSAA and the member school for which the person coach committed
  171  the violation. If the person a coach is sanctioned by the FHSAA
  172  and the person coach transfers to another member school, those
  173  sanctions remain in full force and effect during the term of the
  174  sanction.
  175         3. If a member school is assessed a financial penalty as a
  176  result of a person coach committing a major violation, the
  177  person coach shall reimburse the member school before being
  178  allowed to coach, participate in, or attend any athletic
  179  activity sponsored, recognized, or sanctioned by the FHSAA and a
  180  member school.
  181         4. The FHSAA shall establish a due process procedure for
  182  persons who are coaches sanctioned under this paragraph,
  183  consistent with the appeals procedures set forth in subsection
  184  (7).
  186  ================= T I T L E  A M E N D M E N T ================
  187  And the title is amended as follows:
  188         Delete lines 5 - 6
  189  and insert:
  190         s. 1003.4281, F.S.; revising the school activities in
  191         which a student who graduates early may participate;
  192         amending s. 1003.4285, F.S.; revising the requirements
  193         to earn a Merit designation on a standard high school
  194         diploma; amending s. 1006.20, F.S.; defining a term;
  195         prohibiting the Florida High School Athletic
  196         Association (FHSAA) from denying or discouraging
  197         interscholastic competition between member schools and
  198         non-FHSAA member Florida schools or certain out-of
  199         state schools; revising and providing criteria for
  200         bylaws adopted by the FHSAA, including criteria for
  201         student eligibility requirements, restrictions
  202         regarding recruiting activities, and persons who
  203         commit major violations of the FHSAA’s bylaws and
  204         policies;