HB 885

1	A bill to be entitled
2	An act relating to criminal history record checks;
3	defining the terms "sports coach" and "independent youth
4	athletic team"; requiring the sanctioning authority of an
5	independent youth athletic team to screen any person who
6	is a sports coach of an independent youth athletic team;
7	requiring the sanctioning authority to screen the sports
8	coach through the designated public websites of the
9	Department of Law Enforcement and the United States
10	Department of Justice; requiring the sanctioning authority
11	to disqualify any sports coach appearing on either
12	registry; requiring the sanctioning authority to notify
13	the sports coach of his or her right to obtain a copy of
14	the screening and to challenge the accuracy and
15	completeness of a screening report; requiring each
16	sanctioning authority to sign an affidavit annually, under
17	penalty of perjury, stating that all sports coaches under
18	its jurisdiction have been screened or are newly hired and
19	awaiting the results of the screening; allowing a sports
20	coach to be placed on probationary status pending
21	compliance with the screening requirement; creating a
22	rebuttable presumption that a sports coach was not
23	negligently hired if the sanctioning authority completed
24	the required screening process of the sports coach;
25	creating a rebuttable presumption that a sports coach was
26	negligently hired if the sanctioning authority did not
27	complete the required screening of the sports coach;
28	providing legislative intent encouraging sanctioning
29	authorities for youth teams to participate in the
30	Volunteer and Employee Criminal History System as
31	authorized by the National Child Protection Act and the
32	laws of this state; providing an effective date.
33
34	Be It Enacted by the Legislature of the State of Florida:
35
36	Section 1.  Criminal history record checks for sports
37	coaches.--
38	(1)  As used in this section, the term:
39	(a)  "Independent youth athletic team" or "team" means an
40	athletic team that:
41	1.  Includes a minor as a team member;
42	2.  Is sanctioned by an independent organization; and
43	3.  Is not sanctioned by or affiliated with a public or
44	private school.
45	(b)  "Minor" has the same meaning as in s. 1.01, Florida
46	Statutes.
47	(c)  "Sports coach" means a person who is authorized by a
48	sanctioning authority to be responsible for leading an
49	independent youth athletic team and any person assisting the
50	sports coach. A sports coach is an individual who:
51	1.  Works or is to work for the independent youth athletic
52	team 20 or more hours within a calendar year;
53	2.  Has or is to have unsupervised contact with minors; and
54	3.  Serves or is to serve as a chaperone for minors on any
55	overnight activity related to the independent youth athletic
56	team.
57	(2)(a)  The sanctioning authority of an independent youth
58	athletic team must screen any person in this state who acts as a
59	sports coach to an independent youth athletic team. The
60	screening must be conducted through the sexual offenders and
61	predators public website of the Department of Law Enforcement
62	and the Dru Sjodin National Sex Offender Public Registry website
63	of the United States Department of Justice.
64	(b)  The sanctioning authority shall disqualify any sports
65	coach appearing on either registry.
66	(c)  The sanctioning authority must notify in writing the
67	sports coach of his or her right to obtain a copy of the
68	screening and of the sport coach's right to challenge the
69	accuracy and completeness of any information contained in a
70	screening report. A disqualified sports coach may challenge the
71	accuracy of the screening report.
72	(3)  Each sanctioning authority for an independent youth
73	athletic team must sign an affidavit annually, under penalty of
74	perjury, stating that all sports coaches under its jurisdiction
75	have been screened or are newly hired and awaiting the results
76	of the screening through the websites of the Department of Law
77	Enforcement and the United States Department of Justice as set
78	forth in subsection (2).
79	(4)  Unless otherwise prohibited by state or federal law, a
80	sports coach may be placed on probationary status pending a
81	determination of compliance with subsection (2).
82	(5)(a)  In any civil action brought against a sanctioning
83	authority for harm negligently caused by a sports coach, a
84	rebuttable presumption is created that the independent youth
85	athletic team was not negligent in hiring the sports coach if
86	the sanctioning authority:
87	1.  Conducted a screening of the sports coach by reviewing
88	the sexual offenders and predators public website of the
89	Department of Law Enforcement and the Dru Sjodin National Sex
90	Offender Public Registry of the United States Department of
91	Justice; and
92	2.  Made a reasonable effort to contact references and
93	former employers of the sports coach concerning the suitability
94	of the sports coach to work with minors.
95	(b)  In any civil action brought against a sanctioning
96	authority for harm negligently caused by a sports coach, a
97	rebuttable presumption is created that the independent youth
98	athletic team was negligent in hiring the sports coach if the
99	sanctioning authority failed to comply with the requirements of
100	paragraph (a).
101	Section 2.  Because of the history of harm to children by
102	coaches and others, the Legislature encourages sanctioning
103	authorities for youth teams to participate in the Volunteer and
104	Employee Criminal History System, as authorized by the National
105	Child Protection Act of 1993 and s. 943.0542, Florida Statutes.
106	Section 3.  This act shall take effect July 1, 2008.

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