Senate Bill sb2200c1

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    Florida Senate - 2007                           CS for SB 2200

    By the Committee on Judiciary; and Senator Villalobos





    590-2515-07

  1                      A bill to be entitled

  2         An act relating to high school athletics;

  3         amending s. 1006.20, F.S.; requiring the

  4         Florida High School Athletic Association to

  5         implement a 1-year drug-testing program to

  6         randomly test certain students for anabolic

  7         steroid use; requiring schools to consent to

  8         the provisions of the program as a prerequisite

  9         for membership in the organization; requiring

10         the organization to establish procedures for

11         the conduct of the program including

12         contracting with a testing agency to administer

13         the program; providing that records relating to

14         drug tests and challenge and appeal proceedings

15         are maintained separately from a student's

16         educational record; requiring students and

17         their parents to consent to the testing program

18         as a prerequisite for eligibility to

19         participate in specified sports; requiring the

20         school to meet with a student who tests

21         positive and his or her parent to review the

22         test findings, penalties, and procedures for

23         challenge and appeal; providing penalties for

24         positive findings; providing procedures for

25         challenging and appealing the test findings and

26         penalties; providing that the result of a drug

27         test is not admissible in a criminal

28         prosecution; requiring a report to the

29         Legislature on the results of the program;

30         providing an exemption from civil liability

31         resulting from implementation of the program;

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    Florida Senate - 2007                           CS for SB 2200
    590-2515-07




 1         requiring the Department of Legal Affairs to

 2         provide defense in claims of civil liability;

 3         authorizing athletic organization to reduce the

 4         scope of the program in order to remain within

 5         the legislative appropriation; providing for

 6         repeal of the program; providing an effective

 7         date.

 8  

 9  Be It Enacted by the Legislature of the State of Florida:

10  

11         Section 1.  Subsection (10) is added to section

12  1006.20, Florida Statutes, to read:

13         1006.20  Athletics in public K-12 schools.--

14         (10)  RANDOM DRUG-TESTING PROGRAM.--

15         (a)  Contingent upon funding, and to the extent funded,

16  the organization shall implement a 1-year program during the

17  2007-2008 academic year which randomly tests students in

18  member schools in grades 9 through 12 who participate in

19  regular and postseason football, baseball, or weightlifting

20  competition governed by the organization for the use of

21  anabolic steroids as defined in s. 893.03(3)(d). All member

22  schools, both public and private, shall consent to the

23  provisions of this subsection as a prerequisite for membership

24  in the organization for the duration of the drug-testing

25  program.

26         (b)  The organization's board of directors shall

27  establish procedures for conducting the testing program which,

28  at a minimum, provide for the following:

29         1.  The organization shall select and enter into a

30  contract with a testing agency to administer the testing

31  

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    Florida Senate - 2007                           CS for SB 2200
    590-2515-07




 1  program. The laboratory used by the testing agency to analyze

 2  specimens must be accredited by the World Anti-Doping Agency.

 3         2.  Each member school shall identify and submit to the

 4  organization the names of all students who will be

 5  representing the school in football, baseball, and

 6  weightlifting during 2007-2008 academic year. A student may

 7  not participate in the member school's interscholastic

 8  athletics in these sports until the student's name has been

 9  reported to the organization by the school.

10         3.  The organization shall provide the names of all the

11  students submitted by its member schools to the testing

12  agency. A maximum of 1 percent of the names submitted shall be

13  randomly selected by the testing agency for testing.

14         4.  The testing agency shall notify the administration

15  of a school and the organization within 7 days prior to the

16  date that the testing agency or its representatives will be at

17  the school to collect a specimen from a randomly selected

18  student. However, the name of the student from whom a specimen

19  is to be collected may not be disclosed.

20         5.  Records relating to drug tests under this

21  subsection and to any subsequent challenge and appeal

22  proceedings under paragraph (h) shall be maintained separately

23  from a student's educational record.

24         (c)  Each student who wishes to participate in

25  football, baseball, or weightlifting and his or her parent

26  must provide consent to drug testing under this subsection as

27  a prerequisite for athletic eligibility. The consent must be

28  in writing on a form prescribed by the organization and

29  provided to the student by his or her school. Failure to

30  complete and sign the consent form will result in the

31  

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    Florida Senate - 2007                           CS for SB 2200
    590-2515-07




 1  student's ineligibility to participate. The consent form must

 2  include the following information:

 3         1.  A brief description of the drug-testing program.

 4         2.  The penalties for a positive finding.

 5         3.  The procedure for challenging a positive finding.

 6         4.  The procedure for appealing a prescribed penalty.

 7         (d)  A student who is selected for testing and fails to

 8  provide a specimen shall be immediately suspended from

 9  interscholastic athletic practice and competition until a

10  specimen is provided.

11         (e)  If a student tests positive in a test administered

12  under this subsection, the school that the student attends

13  shall immediately:

14         1.  Suspend the student from participation in all

15  interscholastic athletic practice and competition.

16         2.  Notify and schedule a meeting with the student and

17  his or her parent during which the principal or his or her

18  designee shall review the positive finding, the procedure for

19  challenging the positive finding, the prescribed penalties,

20  and the procedure for appealing the prescribed penalties.

21         (f)  For a positive test finding, the student shall be

22  suspended from all interscholastic athletic practice and

23  competition for 90 school days and shall be subject to a

24  mandatory exit test for restoration of eligibility 60 school

25  days after the suspension. If the exit test is negative, the

26  organization shall immediately restore the eligibility of the

27  student. If the exit test is positive, the student shall

28  remain suspended from all interscholastic athletic practice

29  and competition until a subsequent retest of the student

30  results in a negative finding. The student shall be subject to

31  

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    Florida Senate - 2007                           CS for SB 2200
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 1  repeated drug tests for the duration of his or her high school

 2  athletic eligibility.

 3         (g)  In addition to the penalties prescribed in

 4  paragraph (f), a student who tests positive in a test

 5  administered under this subsection must attend and complete an

 6  appropriate mandatory drug-education program conducted by the

 7  student's school, the student's school district, or a

 8  third-party organization contracted by the school or school

 9  district to conduct such an education program.

10         (h)  The following procedure for challenging a positive

11  test result shall be provided to each student who tests

12  positive in a test administered under this subsection:

13         1.  The member school may challenge a positive finding

14  and must challenge a positive finding at the request of the

15  student. A sample of the original specimen provided by the

16  student and retained by the testing agency must be analyzed.

17  The member school or the student's parent shall pay the cost

18  of the analysis. If the analysis results in a positive

19  finding, the student shall remain ineligible until the

20  prescribed penalty is fulfilled. If the analysis results in a

21  negative finding, the organization shall immediately restore

22  the eligibility of the student and shall refund to the member

23  school or student's parent the cost of the analysis. The

24  student shall remain suspended from interscholastic athletic

25  practice and competition during the challenge.

26         2.  The member school may appeal to the organization's

27  commissioner the period of ineligibility imposed on a student

28  as a result of a positive finding and must appeal at the

29  request of the student. The commissioner may require the

30  student to complete the prescribed penalty, reduce the

31  prescribed penalty by one-half, or provide complete relief

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    Florida Senate - 2007                           CS for SB 2200
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 1  from the prescribed penalty. Regardless of the commissioner's

 2  decision, the student shall remain ineligible until the

 3  student tests negative on an exit drug test and the student's

 4  eligibility is restored by the organization.

 5         a.  If the member school or student is dissatisfied

 6  with the decision of the commissioner, the school may pursue

 7  the appeal before the organization's board of directors and

 8  must do so at the request of the student. The board of

 9  directors may require the student to complete the prescribed

10  penalty, reduce the prescribed penalty by one-half, or provide

11  complete relief from the prescribed penalty. Regardless of the

12  decision of the board of directors, the student shall remain

13  ineligible until the student tests negative on an exit drug

14  test and the student's eligibility is restored by the

15  organization. The decision of the board of directors on appeal

16  shall be final.

17         b.  Technical experts may serve as consultants to the

18  organization's commissioner and its board of directors in

19  connection with appeals.

20         (i)  The result of a drug test under this subsection is

21  not admissible as evidence in a criminal prosecution.

22         (j)  By October 1, 2008, the organization shall submit

23  to the President of the Senate and the Speaker of the House of

24  Representatives a report on the results of the drug-testing

25  program. The report must include statistics on the number of

26  students tested; the number of violations; the number of

27  challenges and their results; the number of appeals and their

28  dispositions; and the costs incurred by the organization in

29  the administration of the program, including attorney's fees

30  and other expenses of litigation.

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    Florida Senate - 2007                           CS for SB 2200
    590-2515-07




 1         (k)  The organization, members of its board of

 2  directors, and its employees and member schools and their

 3  employees are exempt from civil liability arising from any act

 4  or omission in connection with the testing program conducted

 5  under this subsection. The Department of Legal Affairs shall

 6  defend the organization, members of its board of directors,

 7  and its employees and member schools and their employees in

 8  any action arising from any such act or omission. In providing

 9  such defense, the department may employ or utilize the legal

10  services of outside counsel.

11         (l)  In order to conduct the drug-testing program

12  within appropriated funds, the organization may limit the

13  program to only one or two of the named sports. All program

14  expenses shall be paid with funds appropriated by the

15  Legislature. Such expenses include, but are not limited to,

16  all fees and expenses charged by the testing agency for

17  administrative services, specimen-collection services, and

18  specimen analysis; all administrative expenses incurred by the

19  organization to implement the program; and all attorney's fees

20  and other expenses of litigation resulting from any legal

21  challenges related to the program.

22         (m)  This subsection shall stand repealed on October 2,

23  2008, unless reviewed and saved from repeal through

24  reenactment by the Legislature.

25         Section 2.  This act shall take effect July 1, 2007.

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    Florida Senate - 2007                           CS for SB 2200
    590-2515-07




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                             SB 2200

 3                                 

 4  This committee substitute differs from the underlying bill in
    that it:
 5  
    --   Removes language which would have specified the group of
 6       persons to whom steroid testing result could be shown;

 7  --   Deletes the term "due process" to describe a student's
         rights to challenge steroid test results;
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    --   Provides that regardless of the outcome of an appeal, a
 9       student must test negative on an exit test before the
         athletic eligibility of a student may be reinstated;
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    --   Provides that the results of a drug test are not
11       admissible in a criminal prosecution; and

12  --   Provides that the provisions of the bill automatically
         repeal on October 2, 2008.
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