HB 1003

1	A bill to be entitled
2	An act relating to high school athletics; amending s.
3	1006.20, F.S.; requiring the Florida High School Athletic
4	Association to facilitate a 3-year drug testing program to
5	randomly test for anabolic steroids in students in grades
6	9 through 12 who participate in interscholastic athletics
7	in its member schools; requiring schools to consent to the
8	provisions of the program as a prerequisite for membership
9	in the organization; requiring the organization to
10	establish procedures for the conduct of the program,
11	including contracting with a testing agency to administer
12	the program; providing that the finding of a drug test
13	shall be separate from a student's educational records;
14	providing for disclosure; requiring students and their
15	parents to consent to the provisions of the program as a
16	prerequisite for eligibility to participate in
17	interscholastic athletics; providing penalties for
18	students selected for testing who fail to provide a
19	specimen; requiring the administration of a school to meet
20	with a student who tests positive and his or her parent to
21	review the finding, penalties, and procedure for challenge
22	and appeal; providing penalties for first, second, and
23	third positive findings; providing due process procedures
24	for challenge and appeal; requiring the organization to
25	provide an annual report to the Legislature on the results
26	of the program; providing an exemption from civil
27	liability resulting from implementation of the program;
28	requiring the Department of Legal Affairs to provide
29	defense in claims of civil liability; requiring program
30	expenses to be paid through legislative appropriation;
31	providing for expiration of the program; providing an
32	appropriation; providing an effective date.
33
34	Be It Enacted by the Legislature of the State of Florida:
35
36	Section 1.  Subsection (10) is added to section 1006.20,
37	Florida Statutes, to read:
38	1006.20  Athletics in public K-12 schools.--
39	(10)  RANDOM DRUG TESTING PROGRAM.--
40	(a)  The organization shall facilitate a 3-year program
41	during the 2006-2007, 2007-2008, and 2008-2009 academic years in
42	which students in grades 9 through 12 in its member schools who
43	participate in interscholastic athletics governed by the
44	organization shall be subject to random testing for the use of
45	anabolic steroids as defined in s. 893.03(3)(d). All schools,
46	both public and private, shall consent to the provisions of this
47	subsection as a prerequisite for membership in the organization
48	for the duration of the program.
49	(b)  The organization's board of directors shall establish
50	procedures for the conduct of the program that, at a minimum,
51	shall provide for the following:
52	1.  The organization shall select and enter into a contract
53	with a testing agency that will administer the testing program.
54	The laboratory utilized by the testing agency to analyze
55	specimens shall be accredited by the World Anti-Doping Agency.
56	2.  A minimum of 1 percent of the total students who
57	participate in each interscholastic sport, based on
58	participation numbers reported to the organization during the
59	preceding academic year, shall be randomly selected to undergo a
60	test in each year of the program.
61	3.  Each member school shall report to the organization
62	each year the names of students who will represent the school in
63	interscholastic athletics during that year. A student shall not
64	be eligible to participate in interscholastic athletics in a
65	member school until the student's name has been reported to the
66	organization by the school in the year in which such
67	participation is to occur.
68	4.  Each year, the organization shall provide to the
69	testing agency all names of students that are submitted by its
70	member schools. The testing agency shall make its random
71	selections for testing from these names.
72	5.  The testing agency shall notify not fewer than 7 days
73	in advance both the administration of a school and the
74	organization of the date on which its representatives will be
75	present at the school to collect a specimen from a randomly
76	selected student. However, the name of the student from which a
77	specimen is to be collected shall not be disclosed.
78	6.  The finding of a drug test shall be separate from a
79	student's educational records and shall be disclosed by the
80	testing agency only to the organization, the student, the
81	student's parent, the administration of the student's school,
82	and the administration of any school to which the student may
83	transfer during a suspension from participation in
84	interscholastic athletics resulting from a positive finding.
85	(c)  In each year of the program, each student who wishes
86	to participate in interscholastic athletics and his or her
87	parent must consent to the provisions of this subsection as a
88	prerequisite for athletic eligibility. This consent shall be in
89	writing on a form prescribed by the organization and provided to
90	the student by his or her school. Failure to complete and sign
91	the consent form shall result in the student's ineligibility to
92	participate in all interscholastic athletics. The consent form
93	shall include the following information:
94	1.  A brief description of the drug testing program.
95	2.  The penalties for a first, second, and third positive
96	finding.
97	3.  The procedure for challenging a positive finding.
98	4.  The procedure for appealing a prescribed penalty.
99	(d)  A student who is selected for testing and fails to
100	provide a specimen shall be immediately suspended from
101	interscholastic athletic practice and competition until such
102	time as a specimen is provided.
103	(e)  If a student tests positive in a test administered
104	under this subsection, the administration of the school the
105	student attends shall immediately:
106	1.  Suspend the student from participation in all
107	interscholastic athletic practice and competition.
108	2.  Notify and schedule a meeting with the student and his
109	or her parent during which the principal or his or her designee
110	shall review with them the positive finding, the procedure for
111	challenging the positive finding, the prescribed penalties, and
112	the procedure for appealing the prescribed penalties.
113	(f)  The following penalties are prescribed for positive
114	findings resulting from tests administered under this
115	subsection:
116	1.  For a first positive finding, the student shall be
117	suspended from all interscholastic athletic practice and
118	competition for a period of 90 school days and shall be subject
119	to a mandatory exit test for restoration of eligibility no
120	sooner than the 60th school day of the suspension. If the exit
121	test is negative, the organization shall restore the eligibility
122	of the student at the conclusion of the 90-school-day period of
123	suspension. If the exit test is positive, the student shall
124	remain suspended from all interscholastic athletic practice and
125	competition until such time as a subsequent retest of the
126	student results in a negative finding. The student shall be
127	subject to repeated tests for the duration of his or her high
128	school athletic eligibility.
129	2.  For a second positive finding, the student shall be
130	suspended from all interscholastic athletic practice and
131	competition for a period of 1 calendar year and shall be subject
132	to a mandatory exit test for restoration of eligibility no
133	sooner than the 11th month of the suspension. If the exit test
134	is negative, the organization shall restore the eligibility of
135	the student at the conclusion of the 1-calendar-year period of
136	suspension. If the exit test is positive, the student shall
137	remain suspended from all interscholastic athletic practice and
138	competition until such time as a subsequent retest of the
139	student results in a negative finding. The student shall be
140	subject to repeated tests for the duration of his or her high
141	school athletic eligibility.
142	3.  For a third positive finding, the student shall be
143	permanently suspended from all interscholastic athletic practice
144	and competition.
145	(g)  In addition to the penalties prescribed in paragraph
146	(f), a student who tests positive in a test administered under
147	this subsection shall attend and complete an appropriate
148	mandatory drug education program conducted by the student's
149	school, the student's school district, or a third-party
150	organization contracted by the school or school district to
151	conduct such an education program.
152	(h)  The following due process shall be afforded each
153	student who tests positive in a test administered under this
154	subsection:
155	1.  The member school may challenge a positive finding and
156	must challenge a positive finding at the request of the student.
157	A sample of the original specimen provided by the student and
158	retained by the testing agency shall be analyzed. The member
159	school or the student's parent shall pay the cost of the
160	analysis. If the analysis results in a positive finding, the
161	student shall remain ineligible until the prescribed penalty is
162	fulfilled. If the analysis results in a negative finding, the
163	organization shall immediately restore the eligibility of the
164	student and shall refund to the member school or student's
165	parent the cost of the analysis. The student shall remain
166	suspended from interscholastic athletic practice and competition
167	during the challenge.
168	2.a.  A member school may appeal to the organization's
169	commissioner the period of ineligibility imposed on a student as
170	a result of a positive finding and must appeal at the request of
171	the student. The commissioner may require the student to
172	complete the prescribed penalty, reduce the prescribed penalty
173	by one-half, or provide complete relief from the prescribed
174	penalty. Regardless of the decision of the commissioner, the
175	student shall remain ineligible until the student tests negative
176	on the mandatory exit test and the student's eligibility is
177	restored by the organization.
178	b.  Should the school or student be dissatisfied with the
179	decision of the commissioner, the school may pursue the appeal
180	before the organization's board of directors and must do so at
181	the request of the student. The board of directors may require
182	the student to complete the prescribed penalty, reduce the
183	prescribed penalty by one-half, or provide complete relief from
184	the prescribed penalty. Regardless of the decision of the board
185	of directors, the student shall remain ineligible until the
186	student tests negative on the mandatory exit test and the
187	student's eligibility is restored by the organization. The
188	decision of the board of directors on each appeal shall be
189	final.
190	c.  Technical experts may serve as consultants to both the
191	organization's commissioner and its board of directors in
192	connection with such appeals.
193	(i)  No later than October 1 following each year of the
194	program, the organization shall submit to the President of the
195	Senate and the Speaker of the House of Representatives a report
196	on the results of the program for that year, as well as the
197	aggregate results of the program to date. The report shall
198	include statistics on the number of students tested; the number
199	of first, second, and third violations; the number of challenges
200	and their results; the number of appeals and their dispositions;
201	and the costs incurred by the organization in the administration
202	of the program, including attorney's fees and other expenses of
203	litigation.
204	(j)  The organization, members of its board of directors,
205	and its employees and member schools and their employees are
206	exempt from civil liability arising from any act or omission in
207	connection with the program conducted under this subsection. The
208	Department of Legal Affairs shall defend the organization,
209	members of its board of directors, and its employees and member
210	schools and their employees in any action against such parties
211	arising from any such act or omission. In providing such
212	defense, the Department of Legal Affairs may employ or utilize
213	the legal services of outside counsel.
214	(k)  All expenses of the program shall be paid with funds
215	appropriated by the Legislature. Such expenses shall include,
216	but not be limited to, all fees and expenses charged by the
217	testing agency for administrative services, specimen collection
218	services, and specimen analysis; all administrative expenses
219	incurred by the organization in the facilitation of the program;
220	and all attorney's fees and other expenses of litigation
221	resulting from legal challenges related to the program.
222	(l)  The provisions of this subsection shall expire on June
223	30, 2009, or at such earlier date as appropriated funds are
224	exhausted.
225	Section 2.  There is hereby appropriated from the General
226	Revenue Fund to the Florida High School Athletic Association the
227	sum of $3 million for the purpose of administering the
228	provisions of s. 1006.20(10), Florida Statutes, as created by
229	this act. Any unexpended or unencumbered balance remaining at
230	the end of fiscal year 2008-2009 shall revert to the General
231	Revenue Fund.
232	Section 3.  This act shall take effect July 1, 2006.

CODING: Words stricken are deletions; words underlined are additions.