HB 1005

1	A bill to be entitled
2	An act relating to public records and public meetings
3	exemptions; amending s. 1006.20, F.S.; exempting from
4	public records requirements the finding of a drug test
5	administered to a student by a testing agency with which
6	the Florida High School Athletic Association has
7	contracted; exempting from public meetings requirements a
8	meeting at which a challenge or an appeal is made;
9	providing for future review and repeal; providing a
10	statement of public necessity; providing a contingent
11	effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  Paragraphs (b) and (h) of subsection (10) of
16	section 1006.20, Florida Statutes, as created by HB 1003, 2006
17	Regular Session, are amended to read:
18	1006.20  Athletics in public K-12 schools.--
19	(10)  RANDOM DRUG TESTING PROGRAM.--
20	(b)  The organization's board of directors shall establish
21	procedures for the conduct of the program that, at a minimum,
22	shall provide for the following:
23	1.  The organization shall select and enter into a contract
24	with a testing agency that will administer the testing program.
25	The laboratory utilized by the testing agency to analyze
26	specimens shall be accredited by the World Anti-Doping Agency.
27	2.  A minimum of 1 percent of the total students who
28	participate in each interscholastic sport, based on
29	participation numbers reported to the organization during the
30	preceding academic year, shall be randomly selected to undergo a
31	test in each year of the program.
32	3.  Each member school shall report to the organization
33	each year the names of students who will represent the school in
34	interscholastic athletics during that year. A student shall not
35	be eligible to participate in interscholastic athletics in a
36	member school until the student's name has been reported to the
37	organization by the school in the year in which such
38	participation is to occur.
39	4.  Each year, the organization shall provide to the
40	testing agency all names of students that are submitted by its
41	member schools. The testing agency shall make its random
42	selections for testing from these names.
43	5.  The testing agency shall notify not fewer than 7 days
44	in advance both the administration of a school and the
45	organization of the date on which its representatives will be
46	present at the school to collect a specimen from a randomly
47	selected student. However, the name of the student from which a
48	specimen is to be collected shall not be disclosed.
49	6.  The finding of a drug test shall be separate from a
50	student's educational records and shall be disclosed by the
51	testing agency only to the organization, the student, the
52	student's parent, the administration of the student's school,
53	and the administration of any school to which the student may
54	transfer during a suspension from participation in
55	interscholastic athletics resulting from a positive finding. The
56	finding of each drug test held by a school or the organization
57	is confidential and exempt from s. 119.07(1) and s. 24(a), Art.
58	I of the State Constitution. This subparagraph is subject to the
59	Open Government Sunset Review Act in accordance with s. 119.15
60	and shall stand repealed on October 2, 2011, unless reviewed and
61	saved from repeal through reenactment by the Legislature.
62	(h)  The following due process shall be afforded each
63	student who tests positive in a test administered under this
64	subsection:
65	1.  The member school may challenge a positive finding and
66	must challenge a positive finding at the request of the student.
67	A sample of the original specimen provided by the student and
68	retained by the testing agency shall be analyzed. The member
69	school or the student's parent shall pay the cost of the
70	analysis. If the analysis results in a positive finding, the
71	student shall remain ineligible until the prescribed penalty is
72	fulfilled. If the analysis results in a negative finding, the
73	organization shall immediately restore the eligibility of the
74	student and shall refund to the member school or student's
75	parent the cost of the analysis. The student shall remain
76	suspended from interscholastic athletic practice and competition
77	during the challenge.
78	2.a.  A member school may appeal to the organization's
79	commissioner the period of ineligibility imposed on a student as
80	a result of a positive finding and must appeal at the request of
81	the student. The commissioner may require the student to
82	complete the prescribed penalty, reduce the prescribed penalty
83	by one-half, or provide complete relief from the prescribed
84	penalty. Regardless of the decision of the commissioner, the
85	student shall remain ineligible until the student tests negative
86	on the mandatory exit test and the student's eligibility is
87	restored by the organization.
88	b.  Should the school or student be dissatisfied with the
89	decision of the commissioner, the school may pursue the appeal
90	before the organization's board of directors and must do so at
91	the request of the student. The board of directors may require
92	the student to complete the prescribed penalty, reduce the
93	prescribed penalty by one-half, or provide complete relief from
94	the prescribed penalty. Regardless of the decision of the board
95	of directors, the student shall remain ineligible until the
96	student tests negative on the mandatory exit test and the
97	student's eligibility is restored by the organization. The
98	decision of the board of directors on each appeal shall be
99	final.
100	c.  Technical experts may serve as consultants to both the
101	organization's commissioner and its board of directors in
102	connection with such appeals.
103	3.  The challenge and appeal procedures described in this
104	paragraph are exempt from s. 286.011 and s. 24(b), Art. I of the
105	State Constitution. This subparagraph is subject to the Open
106	Government Sunset Review Act in accordance with s. 119.15 and
107	shall stand repealed on October 2, 2011, unless reviewed and
108	saved from repeal through reenactment by the Legislature.
109	Section 2.  The Legislature finds that it is a public
110	necessity that the finding of a drug test administered by a
111	testing agency with which the Florida High School Athletic
112	Association has contracted that has been disclosed to the
113	association or the administration of a school, pursuant to s.
114	1006.20(10), Florida Statutes, be made confidential and exempt
115	from public records requirements. The Legislature finds that
116	harm caused by releasing such information outweighs any public
117	benefit that might be derived from releasing the information.
118	Such information is of a sensitive and personal nature, could be
119	used to discriminate against a student, and could cause harm to
120	a student's reputation. The Legislature further finds that it is
121	a public necessity that a meeting at which a challenge to a
122	positive finding is made or an appeal is made to the Florida
123	High School Athletic Association's commissioner or board of
124	directors regarding the period of student ineligibility,
125	pursuant to s. 1006.20(10), Florida Statutes, be made exempt
126	from public meetings requirements. The Legislature finds that
127	the exemption of these proceedings from public meetings
128	requirements minimizes the possibility of unnecessary scrutiny
129	by the public or media of sensitive, personal information
130	concerning a student. Furthermore, without such exemption,
131	release of confidential and exempt information via a public
132	meeting defeats the purpose of the public records exemption.
133	Section 3.  This act shall take effect on the same date
134	that HB 1003 or similar legislation takes effect, if such
135	legislation is adopted in the same legislative session or an
136	extension thereof and becomes law.

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