Florida Senate - 2009 SB 2414
By Senator Peaden
2-01741A-09 20092414__
1 A bill to be entitled
2 An act relating to interscholastic athletics; amending
3 s. 1006.20, F.S.; providing legislative intent and
4 findings; providing that the nonprofit organization
5 governing interscholastic athletics is exempt from ch.
6 120, F.S.; requiring that a public high school that
7 sponsors an interscholastic athletics program be a
8 member of the organization; providing that public and
9 private middle schools may also be members of the
10 organization; providing membership for the
11 organization's governing structure; prohibiting a
12 person from serving on more than one group in the
13 organization's governing structure; dividing the state
14 into seven administrative sections; dividing the
15 administrative sections into 14 legislative divisions;
16 requiring that the organization provide notice of all
17 meetings and hearings on its Internet website within a
18 certain period before the meeting or hearing;
19 establishing a board of directors; providing
20 membership; providing terms; providing duties and
21 responsibilities; requiring an annual audit of the
22 organization's financial accounts and records by an
23 independent certified public accountant; requiring
24 that the board of directors annually report on the
25 activities of the organization to state government
26 leaders; requiring that the board of directors meet
27 monthly; providing a quorum; prohibiting the board of
28 directors from delegating its powers and duties;
29 providing duties and responsibilities for the chief
30 administrative officer and administrative staff;
31 requiring that the board of directors establish a
32 personnel management system; providing requirements
33 for the organization's retirement plan; replacing the
34 organization's representative assembly with a
35 legislative council; establishing the legislative
36 council as the organization's primary legislative
37 authority; providing membership; providing terms;
38 providing duties and responsibilities; requiring that
39 the legislative council meet a certain number of times
40 each school year; providing a system for weighing the
41 votes of elected council members; providing a quorum;
42 replacing the organization's public liaison advisory
43 committee with a leadership council; establishing the
44 leadership council as the primary advisory group to
45 the board of directors and legislative council;
46 providing membership; providing terms; providing
47 duties and responsibilities; requiring that the
48 leadership council meet a certain number of times each
49 school year; providing a quorum; establishing a
50 committee on appeals as the appellate authority of the
51 organization; providing membership; providing terms;
52 providing duties and responsibilities; requiring that
53 the organization's bylaws establish the criteria for
54 considering appeals; authorizing the committee on
55 appeals to review decisions of sectional eligibility
56 committees; requiring that the committee on appeals
57 meet monthly; providing a quorum; creating a committee
58 on infractions; establishing the committee on
59 infractions for the administration of the
60 organization's enforcement program; providing
61 membership; providing terms; providing duties and
62 responsibilities; establishing standards for
63 determinations made by the committee on infractions;
64 requiring that the committee on infractions meet at
65 least once each year; providing a quorum; providing
66 voting requirements for meetings of the committee on
67 infractions; replacing the committee on appeals in
68 each administrative section with a sectional
69 eligibility committee; providing membership; providing
70 duties and responsibilities; establishing criteria for
71 an undue hardship; limiting the sectional eligibility
72 committees' exemption powers; requiring that each
73 sectional eligibility committee meet monthly;
74 providing a quorum; providing voting requirements for
75 meetings of the sectional eligibility committees;
76 providing that the organization's rules be adopted,
77 amended, or repealed only by the board of directors or
78 legislative council; establishing the entities that
79 may sponsor rule proposals; requiring that the board
80 of directors review rules adopted by the legislative
81 council; providing an effective date for rules adopted
82 by the legislative council; providing requirements for
83 the bylaws; requiring that the organization adopt
84 rules for sports that have been established by a
85 nationally recognized sanctioning body unless waived
86 by a two-thirds vote of the legislative council and
87 approved by the board of directors; providing a
88 timeline for appointments to the board of directors
89 and requiring that the organization meet by a
90 specified date; requiring that the board evaluate the
91 organization's governing structure and make
92 recommendations to the Legislature by a specified
93 date; providing an effective date.
94
95 Be It Enacted by the Legislature of the State of Florida:
96
97 Section 1. Section 1006.20, Florida Statutes, is amended to
98 read:
99 (Substantial rewording of section. See
100 s. 1006.20, F.S., for present text.)
101 1006.20 Governing organization for interscholastic
102 athletics programs in public schools.—
103 (1) LEGISLATIVE INTENT AND FINDINGS.—It is the intent of
104 the Legislature that interscholastic athletics programs
105 sponsored by public high schools be administered in an
106 effective, efficient, equitable, and economical manner that
107 enhances the educational experience of participating students
108 and provides accountability to the residents who fund them.
109 Therefore, the Legislature finds that the governing nonprofit
110 organization for interscholastic athletics programs in public
111 high schools must have an administrative framework that:
112 (a) Provides oversight and direction by business and
113 educational experts who will manage the organization in a manner
114 similar to an entrepreneurial business enterprise while not
115 compromising the educational nature of its purpose.
116 (b) Ensures that all member schools are equitably
117 represented in the development and adoption of rules governing
118 the organization's programs and activities.
119 (c) Ensures all member schools that are accused of rules
120 infractions a fair enforcement and appeals process and students
121 who lose their eligibility to participate a fair opportunity for
122 reinstatement.
123 (d) Holds the organization accountable to the Legislature,
124 its member schools, and the public through a system of audits
125 and reports, public input, and compliance with open-meetings and
126 public-records laws.
127 (2) DESIGNATION OF GOVERNING NONPROFIT ORGANIZATION.—
128 (a) The Florida High School Athletic Association is
129 designated as the governing nonprofit organization of athletics
130 in Florida public schools only if the organization complies with
131 this section. If the Florida High School Athletic Association
132 fails to comply with this section, the Governor shall establish
133 a new nonprofit organization to govern athletics with the
134 approval of the Senate.
135 (b) The organization is not subject to chapter 120;
136 however, it is subject to s. 1006.19, relating to the audit of
137 records of nonprofit corporations and associations that handle
138 interscholastic activities.
139 (c) For the purposes of this section, the term “high
140 school” includes grades 6 through 12.
141 (3) MEMBERSHIP IN THE ORGANIZATION.—A public high school
142 that sponsors an interscholastic athletics program is a member
143 of the organization. A private high school that sponsors an
144 interscholastic athletics program and wishes to engage in
145 interscholastic athletic competition with a public high school
146 may be a member of the organization. A public or private middle
147 school that includes grades 6 through 8 and sponsors
148 interscholastic athletic programs may also be a member of the
149 organization.
150 (4) GOVERNING STRUCTURE OF THE ORGANIZATION.—
151 (a) A board of directors, legislative council, and
152 leadership council shall govern the organization. Quasi-judicial
153 committees shall hear infractions and student eligibility
154 reinstatement proceedings. A person may not serve on more than
155 one group in the organization's governing structure. Except as
156 provided in this section, the organization shall govern in
157 accordance with its bylaws.
158 (b) For the purpose of appointing members to the board of
159 directors and leadership council, and to establish territorial
160 jurisdictions for sectional eligibility committees, the state is
161 divided along county lines into seven geographically compact
162 administrative sections. For the purpose of selecting members to
163 the legislative council, the seven administrative sections are
164 further divided into 14 legislative divisions. The
165 administrative sections and legislative divisions are as
166 follows:
167 1. Section 1.
168 a. Division 1 is composed of Escambia, Santa Rosa,
169 Okaloosa, Walton, and Holmes Counties.
170 b. Division 2 is composed of Bay, Washington, Jackson,
171 Calhoun, Gulf, Gadsden, Liberty, Franklin, Leon, Wakulla,
172 Jefferson, Madison, and Taylor Counties.
173 2. Section 2.
174 a. Division 3 is composed of Hamilton, Suwannee, Lafayette,
175 Dixie, Columbia, Baker, Union, Bradford, Gilchrist, Alachua,
176 Levy, and Marion Counties.
177 b. Division 4 is composed of Nassau, Duval, Clay, St.
178 Johns, Putnam, and Flagler Counties.
179 3. Section 3.
180 a. Division 5 is composed of Citrus, Hernando, Sumter,
181 Pasco, and Pinellas Counties.
182 b. Division 6 is composed of Hillsborough and Polk
183 Counties.
184 4. Section 4.
185 a. Division 7 is composed of Lake, Orange, and Osceola
186 Counties.
187 b. Division 8 is composed of Volusia, Seminole, Brevard,
188 and Indian River Counties.
189 5. Section 5.
190 a. Division 9 is composed of Manatee, Hardee, Sarasota,
191 DeSoto, Highlands, Charlotte, and Glades Counties.
192 b. Division 10 is composed of Lee, Hendry, and Collier
193 Counties.
194 6. Section 6.
195 a. Division 11 is composed of Okeechobee, St. Lucie,
196 Martin, and Palm Beach Counties.
197 b. Division 12 is composed of Broward County.
198 7. Section 7.
199 a. Division 13 is composed of that section of Miami-Dade
200 County north of U.S. Highway 41.
201 b. Division 14 is composed of that section of Miami-Dade
202 County south of U.S. Highway 41 and Monroe County.
203 (c) Beginning in 2015, and every 8 years thereafter, the
204 organization shall review the composition of the administrative
205 sections and legislative divisions and, if deemed necessary and
206 advisable, recommend to the Legislature a redrawing of sectional
207 or divisional boundaries.
208 (d) Any person or entity who appoints members to any group
209 in the organization's governing structure shall examine the
210 existing diversity of the group and, to the greatest extent
211 possible, make appointments that reflect the racial, ethnic, and
212 gender diversity of the population of the state.
213 (e) A person who is appointed to any position on any group
214 in the organization's governing structure shall serve without
215 compensation, but may be reimbursed for all reasonable,
216 necessary, and actual expenses incurred during the performance
217 of his or her duties, as determined by the board of directors.
218 (f) Term limits do not apply to a person who is appointed
219 to fill an unexpired term on any group in the organization's
220 governing structure unless he or she serves more than one-half
221 of the unexpired term.
222 (g) Each group in the organization's governing structure
223 shall function as a body of the whole and may not subdivide
224 itself into committees to perform its duties. This paragraph
225 does not preclude any group from appointing its members to an ad
226 hoc committee if the issue or problem that the ad hoc committee
227 is addressing and the timeframe within which the ad hoc
228 committee is to complete its work is specified at the time the
229 ad hoc committee is established.
230 (h) Except in the case of emergency meetings, the
231 organization shall provide notice for any meeting or hearing by
232 publishing such notice on the organization's Internet website
233 not less than 7 days before such scheduled meeting or hearing.
234 The notice must include an agenda containing the items to be
235 considered in their order of presentation. A change may not be
236 made to the agenda after it has been published, except for good
237 cause as determined by the person designated to preside at the
238 meeting or hearing. The change must be properly noticed at the
239 earliest practicable time and stated in the record.
240 (5) BOARD OF DIRECTORS.—
241 (a) Composition.—
242 1. The supreme authority and executive power of the
243 organization shall be vested in a board of directors consisting
244 of the following 12 persons:
245 a. Eight citizen directors appointed by the Governor, seven
246 of whom shall be appointed from each administrative section in
247 which he or she resides. The Governor shall designate one of the
248 citizen directors as the chair who may be a resident of any
249 section. Each citizen director must possess the knowledge,
250 skill, and experience in the areas of business or athletic
251 management. A citizen director may not be or may not have been,
252 within the last 10 years, professionally connected with any
253 school that is or was a member of the organization, any public
254 school district, or any private school accrediting association.
255 b. Two directors who are education administrators appointed
256 by the President of the Senate, one of whom shall be a district
257 school superintendent and one of whom shall be a state executive
258 director of a private school accrediting association that has
259 schools that are members of the organization.
260 c. Two directors who are education administrators appointed
261 by the Speaker of the House of Representatives, one of whom
262 shall be a public school district-level athletic administrator
263 who is not employed at any member school of the organization and
264 one of whom shall be a state executive director or region-level
265 administrator of a private school accrediting association that
266 has high schools that are members of the organization.
267 2. The public school administrators appointed by the
268 President of the Senate and the Speaker of the House of
269 Representatives, respectively, may not be from school districts
270 located within the same administrative section. The private
271 school administrators appointed by the President of the Senate
272 and the Speaker of the House of Representatives, respectively,
273 may not be from the same private school accrediting association.
274 3. The board of directors shall consist of a chair and a
275 vice chair. The Governor shall appoint the chair and the board
276 shall biennially elect one of its members as vice chair. The
277 vice chair may not be immediately eligible for reelection to the
278 office.
279 (b) Terms.—
280 1. Citizen directors shall be appointed to staggered 4
281 years terms and are eligible for reappointment to a second term.
282 During the board's first meeting, it shall conduct a blind draw
283 to determine the manner in which the terms will be staggered.
284 The initial terms shall be as follows:
285 a. The chair and one educator shall be appointed to initial
286 terms of 4 years;
287 b. Three citizens and one educator shall be appointed to
288 initial terms of 3 years;
289 c. Two citizens and one educator shall be appointed to
290 initial terms of 2 years; and
291 d. The remaining two citizens and one educator shall be
292 appointed to initial terms of 1 year.
293 2. The Governor, the President of the Senate, and the
294 Speaker of the House of Representatives, respectively, shall
295 appoint persons to vacancies on the board depending upon who
296 appointed the director whose vacancy is to be filled or whose
297 term has expired.
298 3. The Governor, the President of the Senate, and the
299 Speaker of the House of Representatives may remove their
300 respective appointees for cause. Absence from three consecutive
301 meetings results in automatic removal.
302 (c) Duties and responsibilities.—
303 1. The board of directors shall:
304 a. Establish working principles for and direct the affairs
305 of the organization and faithfully execute its rules;
306 b. Provide strategic planning for the organization;
307 c. Ratify, remand, amend, or defeat rules adopted by the
308 legislative council;
309 d. Adopt or defeat rules independent of the legislative
310 council, if deemed necessary and appropriate;
311 e. Approve and oversee the management of an annual budget
312 for the organization and provide for the proper keeping of
313 accounts and records;
314 f. Secure funding for the organization by means of,
315 including, but not limited to, assessing annual dues and service
316 fees on member schools, charging admission for organization
317 events, and collecting a percentage of the receipts from such
318 events;
319 g. Adopt policies necessary for the management of the
320 organization's business, the collection and expenditure of
321 funds, the distribution of income, and the administration of
322 state interscholastic athletic championships;
323 h. Appoint members of the organization's committee on
324 appeals, committee on infractions, and sectional eligibility
325 committees;
326 i. Review and approve policies and procedures governing the
327 organization's enforcement program, eligibility reinstatement
328 process, and appeals process;
329 j. Ratify, amend, or rescind the actions of the legislative
330 council or leadership council;
331 k. Create and adopt operating guidelines for a substructure
332 of committees composed of experts in the field to provide advice
333 and guidance to the board of directors, legislative council, and
334 leadership council;
335 l. Consider all requests by member schools for exceptions
336 to or exemptions from organization rules, policies, or
337 procedures which are unrelated to student eligibility;
338 m. Convene at least one joint meeting each year with the
339 legislative council and leadership council;
340 n. Convene at least one joint meeting each year of the
341 committee on appeals, committee on infractions, and sectional
342 eligibility committees;
343 o. Retain legal counsel and initiate and settle litigation;
344 p. Make and enter into contracts or agreements necessary or
345 convenient for the exercise of its powers and functions; and
346 q. Perform every other matter or thing necessary for the
347 proper management, maintenance, support, and control of the
348 organization at the highest efficiency economically possible to
349 carry out the purposes of the organization.
350 2. The board shall provide for an annual audit of the
351 organization's financial accounts and records by an independent
352 certified public accountant. The audit shall be conducted under
353 the supervision of a committee consisting of the board's chair
354 and vice chair, the chair of the legislative council, and the
355 chair of the leadership council.
356 3. Each of the citizen directors appointed from the seven
357 administrative sections shall annually conduct a public hearing
358 in the section from which he or she was appointed. During such
359 hearing, interested parties may address issues regarding the
360 effectiveness of the rules, operation, and management of the
361 organization. Each citizen director shall submit a written
362 report containing the results of his or her respective public
363 hearing to the board of directors.
364 4. The board of directors shall prepare an annual report on
365 the activities of the organization, which shall be submitted
366 each year by November 30 to the Governor, the President of the
367 Senate, the Speaker of the House of Representatives, and the
368 chairpersons of the legislative education committees in the
369 Senate and the House of Representatives. The annual report must
370 include a copy of the independent financial audit report from
371 the most recent fiscal year and the written reports from the
372 public hearings conducted by each citizen director.
373 (d) Meetings.—
374 1. The board of directors shall meet monthly. Additional
375 meetings may be held upon the call of the chair or at the
376 request of a majority of the directors. Each meeting shall be
377 available to the public and provide time for comment.
378 2. When considering any matter of business before the
379 board, each director shall represent and act on behalf of the
380 organization as a whole and shall have one vote.
381 3. A majority of the total number of voting directors shall
382 constitute a quorum. The board may take official action by a
383 majority vote of the directors present at any meeting at which a
384 quorum is present, except as expressly provided in the
385 organization's bylaws or this section.
386 (e) Chief administrative officer; administrative staff.—
387 1. The board of directors shall employ by written contract
388 a chief administrative officer and other administrators to
389 efficiently conduct the business of the organization, determine
390 their titles, fix their compensation, and remove them if
391 necessary. The board of directors may not delegate its powers or
392 duties to any administrator.
393 2. The chief administrative officer shall act as the agent
394 of and be evaluated each year by the board of directors. The
395 chief administrative officer shall recommend to the board an
396 organizational structure for and assignment of responsibilities
397 to the administrative staff and shall direct, manage, train, and
398 evaluate the performance of the administrative staff.
399 3. The chief administrative officer and administrative
400 staff shall:
401 a. Implement the directives of the board of directors;
402 b. Administer the organization's activities and programs;
403 c. Apply consistently the organization's rules;
404 d. Investigate violations of the organization's rules;
405 e. Recommend rules, policies, and procedures for the
406 efficient, effective, and economic administration of the
407 organization's programs and activities;
408 f. Advise the board of directors on issues affecting the
409 organization and recommend strategies for resolving such issues;
410 g. Facilitate, give notice, and keep official records of
411 all meetings of the organization;
412 h. Provide member schools with all printed materials
413 necessary to administer the organization's programs;
414 i. Promote harmony among member schools by handling
415 controversies that arise or appear likely to arise;
416 j. Maintain relations with the public, government,
417 affiliated organizations, and other stakeholders; and
418 k. Perform other duties as required in this section, the
419 organization's bylaws, or by the board of the directors.
420 4. The board of directors shall establish a personnel
421 management system that includes policies and procedures for
422 employee hiring, training, advancement, salary administration,
423 benefits, retirement plan, discipline, discharge, performance
424 evaluations, and other related activities. All administrators
425 shall be afforded the same benefits.
426 5. The retirement plan established by the board of
427 directors for employees must be comparable to that of the
428 Teachers' Retirement System in chapter 238; however, the
429 retirement benefits paid to any employee may not exceed the
430 benefits that the employee would have been eligible to receive
431 had the employee been a participant in such system.
432 (6) LEGISLATIVE COUNCIL.—
433 (a) Composition.—
434 1. The organization's primary legislative authority shall
435 be vested in a legislative council consisting of 35 persons who
436 are member school administrators. The members of the legislative
437 council shall consist of:
438 a. Fourteen public high school principals or athletic
439 directors of member schools, one from each legislative division
440 elected by the public high schools within the division.
441 b. Seven private high school principals or athletic
442 directors of member schools, one from each administrative
443 section elected by the private high schools within the section.
444 c. Seven principals or athletic directors of member middle
445 schools, one from each administrative section elected by the
446 middle schools within the section.
447 d. Seven high school principals or athletic directors of
448 member schools, one appointed at large from each administrative
449 section by the board of directors to ensure diversity
450 representation. Each at-large appointee shall be a racial
451 minority or a member of the underrepresented gender. Four of the
452 at-large appointees shall be from public high schools. Three of
453 the at-large appointees shall be from private high schools. When
454 making its appointments, the board of directors shall ensure
455 that small, medium, large, and extra-large public high schools,
456 and small, medium, and large private high schools are
457 represented.
458 2. The legislative council shall biennially elect from
459 among its members a chair and vice chair who are not immediately
460 eligible for reelection to their respective positions.
461 (b) Terms.—
462 1. Council members shall be elected or appointed to 4-year
463 staggered terms and may be reelected or reappointed to a second
464 term as follows:
465 a. Of the council members initially elected:
466 (I) Three public high school administrators, two private
467 high school administrators, and two middle school administrators
468 shall serve initial terms of 4 years;
469 (II) Four public high school administrators, two private
470 high school administrators, and one middle school administrator
471 shall serve initial terms of 3 years;
472 (III) Three public high school administrators, two private
473 high school administrators, and two middle school administrators
474 shall serve initial terms of 2 years; and
475 (IV) Four public high school administrators, one private
476 high school administrator, and two middle school administrators
477 shall serve initial terms of 1 year.
478
479 The legislative council shall conduct a blind draw during its
480 first meeting to determine the manner in which the terms for
481 elected council members will be staggered.
482 b. Of the council members initially appointed at-large from
483 high schools to ensure diversity representation:
484 (I) Two appointees shall be appointed to initial terms of 4
485 years;
486 (II) Two appointees shall be appointed to initial terms of
487 3 years;
488 (III) Two appointees shall be appointed to initial terms of
489 2 years; and
490 (IV) One appointee shall be appointed to an initial term of
491 1 year.
492
493 The board of directors when making the initial appointments
494 shall spread the staggering of terms equitably between the
495 represented groups.
496 2. A vacancy that occurs during a school year in any
497 elected position on the legislative council shall be filled for
498 the remainder of that school year by the board of directors. If
499 more than 1 school year remains in the term, the vacancy shall
500 be filled for the remaining years of the term through a special
501 election held as part of the organization's annual general
502 election.
503 3. The board of directors may remove a member of the
504 legislative council for cause. Absence from three consecutive
505 meetings results in automatic removal.
506 (c) Duties and responsibilities.— The legislative council
507 shall:
508 1. Adopt the rules, bylaws, or regulations governing the
509 organization subject to review and approval by the board of
510 directors;
511 2. Take final action on matters delegated to it by the
512 board of directors;
513 3. Suggest policies and procedures to the board of
514 directors and leadership council which are necessary to ensure
515 proper management of the organization's business;
516 4. Make recommendations to the board of directors, the
517 leadership council, and the substructure of committees on
518 matters that it deems appropriate;
519 5. Review the recommendations of the substructure of
520 committees; and
521 6. Advise the board of directors on the performance of the
522 chief administrative officer and administrative staff.
523 (d) Meetings.—
524 1. The legislative council shall meet a minimum of four
525 times each school year. Additional meetings may be held upon the
526 call of the chair, at the request of a majority of the council
527 members, or upon the order of the board of directors.
528 2. Each elected council member shall vote on behalf of the
529 schools within the administrative section or legislative
530 division by whom and from which he or she was elected and his or
531 her vote shall be weighted as such. Each elected public high
532 school council member's vote shall be weighted one-tenth of one
533 point for every public high school in the legislative division
534 from which he or she was elected. Each elected private high
535 school council member's vote shall be weighted one-tenth of one
536 point for every private high school in the section from which he
537 or she was elected. Each elected middle school council member's
538 vote shall be weighted one-tenth of one point for every middle
539 school in the section from which he or she was elected. At the
540 beginning of each council meeting, the legislative council shall
541 review the number of schools in each section and division and
542 assign to each elected council member the appropriate weighted
543 vote for that meeting.
544 3. Each council member appointed at large by the board of
545 directors shall have one vote, which may not be weighted.
546 4. The middle school council members shall vote only on
547 matters that affect middle schools and middle school athletic
548 programs.
549 5. A majority of the total number of current voting
550 legislative council members shall constitute a quorum. The
551 council may take official action on any motion by a majority
552 vote, as weighted, of the council members present and eligible
553 to vote at any meeting at which a quorum is present except as
554 expressly provided in the organization's bylaws or this section.
555 6. The method of voting on issues considered by the
556 legislative council shall be such that the vote of each council
557 member is recorded, except for those actions taken by unanimous
558 consent of the council members present and voting. The results
559 of the votes by each council member shall be reported to the
560 membership.
561 (7) LEADERSHIP COUNCIL.—
562 (a) Composition.—
563 1. The leadership council shall serve as the primary
564 advisory group to the board of directors on strategic and policy
565 issues and shall assist the board in leading the organization
566 and charting its course. The leadership council shall consist of
567 the following 16 persons:
568 a. Seven administrators of member high schools, one
569 appointed from each administrative section by the board of
570 directors. Four of the administrators shall be principals. Three
571 shall be athletic directors. Four shall be from public schools.
572 Three shall be from private schools. At least one shall be male,
573 at least one female, and at least one a racial minority. When
574 making its appointments, the board of directors shall ensure
575 that small, medium, large, and extra-large public high schools,
576 and small, medium, and large private high schools are
577 represented.
578 b. One district school superintendent or assistant
579 superintendent, appointed by the Florida Association of District
580 School Superintendents.
581 c. One executive director or other state-level or regional
582 level administrator of a private school accrediting association
583 whose member schools are also members of the organization,
584 appointed by the Florida Association of Academic Nonpublic
585 Schools.
586 d. One district school board member, appointed by the
587 Florida School Boards Association.
588 e. One district-level public school athletic administrator,
589 appointed by the Florida Association of Interscholastic Athletic
590 Administrators and who may not be from the same school district
591 as the superintendent or assistant superintendent.
592 f. One representative of high school coaches, appointed by
593 the Florida Athletic Coaches Association.
594 g. One representative of home educators, appointed by the
595 Home Education Foundation.
596 h. One parent of a high school student-athlete, appointed
597 by the board of directors who may serve on the council for no
598 more than 2 years following the graduation of his or her child
599 from high school.
600 i. One student-athlete, appointed by the board of directors
601 who may serve on the council for no more than 2 years following
602 his or her graduation from high school.
603 j. One registered contest official, appointed by the board
604 of directors.
605 2. The leadership council shall biennially elect from among
606 its members a chair and vice chair who may not be immediately
607 eligible for reelection to their respective positions.
608 (b) Terms.—
609 1. Members of the leadership council shall be appointed to
610 4-year staggered terms. Any council member is eligible for
611 reappointment to a second term. In order to achieve staggered
612 terms, the initial appointments shall be made as follows:
613 a. Two of the high school administrators and three of the
614 representatives of other groups shall be appointed to initial
615 terms of 4 years;
616 b. Two of the high school administrators and two of the
617 representatives of other groups shall be appointed to initial
618 terms of 3 years;
619 c. Two of the high school administrators and two of the
620 representatives of other groups shall be appointed to initial
621 terms of 2 years; and
622 d. The remaining high school administrator and the
623 remaining two representatives of other groups shall be appointed
624 to an initial term of 1 year.
625
626 The board of directors shall determine the manner in which the
627 terms will be staggered and spread them equitably between the
628 represented groups.
629 2. Vacancies on the leadership council shall be filled by
630 the board of directors or other entities, respectively,
631 depending upon who appointed the council member whose vacancy is
632 to be filled or whose term has expired.
633 3. The board of directors may remove a member of the
634 leadership council for cause. Absence from three consecutive
635 meetings results in automatic removal.
636 (c) Duties and responsibilities.— The leadership council
637 shall:
638 1. Take final action on matters delegated to it by the
639 board of directors.
640 2. Make recommendations to the board of directors,
641 legislative council, and the substructure of committees on
642 matters that it deems appropriate.
643 3. Suggest policies to the board of directors that are
644 necessary to ensure proper management of the organization.
645 4. Assist the board of directors in developing the
646 organization's legislative agenda by:
647 a. Suggesting concepts for development by the board, the
648 legislative council, and the substructure of committees;
649 b. Identifying significant issues that may require
650 legislative solutions; and
651 c. Advising the board regarding any proposed rule.
652 5. Review the recommendations of the substructure of
653 committees.
654 6. Appoint qualified persons to committees in the
655 substructure.
656 7. Advise the board of directors on the performance of the
657 chief administrative officer and administrative staff.
658 8. Coordinate strategic planning activities.
659 9. Identify and examine trends and strategic issues that
660 are or could affect interscholastic athletics.
661 (d) Meetings.—
662 1. The leadership council shall meet a minimum of four
663 times each school year. Additional meetings may be held upon the
664 call of the chair, at the request of a majority of the council
665 members, or upon the order of the board of directors.
666 2. A majority of the total number of current voting
667 leadership council members shall constitute a quorum. The
668 council may take official action by a majority vote of the
669 council members present at any meeting at which a quorum is
670 present, except as expressly provided in the organization's
671 bylaws or this section.
672 3. Each leadership council member when considering any
673 matter of business before the council shall represent and act on
674 behalf of the organization as a whole and shall have one vote.
675 (7) COMMITTEE ON APPEALS.—
676 (a) Composition.—
677 1. The committee on appeals shall be the appellate
678 authority of the organization. The committee on appeals shall
679 consist of the following six persons appointed by the board of
680 directors:
681 a. Five administrators of member schools, public school
682 districts, or private school accrediting associations
683 represented in the organization's membership, appointed from
684 differing administrative sections. Three administrators shall be
685 from the public school sector, two from the private school
686 sector. At least one administrator shall be a principal, at
687 least one an athletic director, at least one male, at least one
688 female, and at least one a racial minority.
689 b. One member of the general public who is not connected
690 with any member school, public school district, or private
691 school accrediting association, or represent athletic directors,
692 coaches, or students in any capacity.
693 2. The general public member shall chair the committee on
694 appeals and must have knowledge of the principles and practices
695 to be followed in conducting quasi-judicial hearings and related
696 legal proceedings. The chair shall act as the executive on
697 behalf of the committee during an emergency situation, the
698 timing of which precludes convening the committee. Such action
699 shall be reported to the committee at its next meeting.
700 (b) Terms.—
701 1. Members of the committee on appeals shall be appointed
702 for 4-year staggered terms. Any member may be appointed for a
703 second term of 4 years. In order to achieve staggered terms, of
704 the initial appointments:
705 a. The general public member and one public school
706 administrator shall be appointed to terms of 4 years;
707 b. Two school administrators, one public and one private,
708 shall be appointed to terms of 3 years; and
709 c. Two school administrators, one public and one private,
710 shall be appointed to terms of 2 years.
711
712 The board of directors shall conduct a blind draw to determine
713 the staggering of terms during the meeting in which the initial
714 appointments to the committee are made.
715 2. The board of directors may remove a member of the
716 committee on appeals for cause. Absence from three consecutive
717 meetings results in automatic removal.
718 (c) Duties and responsibilities.—
719 1. The committee on appeals shall:
720 a. Hear appeals of member schools or persons found to have
721 committed serious violations by the committee on infractions or
722 minor violations by the organization's staff.
723 b. Hear appeals of students who receive unfavorable
724 decisions from sectional eligibility committees.
725 c. Formulate and revise policies and procedures that relate
726 directly to infractions appeals or student eligibility
727 reinstatement processes, subject to review and approval by the
728 board of directors.
729 2. The organization's bylaws shall establish the criteria
730 to be followed by the committee on appeals in affirming,
731 modifying, or setting aside a finding of or penalty imposed by
732 the committee on infractions or a decision of a sectional
733 eligibility committee.
734 3. The committee on appeals, at the request of the board of
735 directors, may review any decision of a sectional eligibility
736 committee which the board believes may directly conflict with:
737 a. Decisions of other sectional eligibility committees or
738 the committee on appeals on the same question or rule;
739 b. Organization rules; or
740 c. The proper administration of interscholastic athletics
741 programs throughout the state.
742 4. The decision of the committee on appeals is final,
743 binding, and conclusive, and is not subject to further review by
744 the board of directors or any other authority within the
745 organization.
746 (d) Meetings.—
747 1. The committee on appeals shall meet monthly as needed
748 upon call of the chair.
749 2. Five members of the committee on appeals shall
750 constitute a quorum. The board of directors shall appoint
751 alternate committee members upon whom the chair may call to
752 ensure the presence of a quorum. The committee may take official
753 action by a majority vote of the members present at any meeting
754 at which a quorum is present. The chair is the deciding vote in
755 the case of a tie.
756 (8) COMMITTEE ON INFRACTIONS.—
757 (a) Composition.—
758 1. The committee on infractions is responsible for the
759 administration of the organization's enforcement program. The
760 committee on infractions shall consist of the following nine
761 members:
762 a. Seven administrators of member schools, public school
763 districts, or private school accrediting associations
764 represented in the organization's membership, appointed from
765 differing administrative sections. Four administrators shall be
766 from the public school sector and three from the private school
767 sector. At least one administrator shall be a principal, at
768 least one an athletic director, at least one male, at least one
769 female, and at least one a racial minority.
770 b. Two members of the general public, who are not connected
771 with any member school, public school district, or private
772 school accrediting association, or who do not represent athletic
773 directors, coaches, or students in any capacity.
774 2. The board of directors shall designate one of the two
775 general public members as chair of the committee on infractions
776 who must have knowledge of the principles and practices to be
777 followed in conducting quasi-judicial hearings and related legal
778 proceedings. The chair shall act as the executive on behalf of
779 the committee during an emergency situation, the timing of which
780 precludes convening the committee. Such executive actions shall
781 be reported to the committee at its next meeting.
782 (b) Terms.—
783 1. Members of the committee on infractions shall be
784 appointed to 4-year staggered terms. Any member is eligible for
785 reappointment to a second term of 4 years. In order to achieve
786 staggered terms, of the initial appointments:
787 a. The general public member who is designated as chair and
788 two school administrators, one public and one private, shall be
789 appointed to terms of 4 years;
790 b. Two school administrators, one public and one private,
791 shall be appointed to terms of 3 years;
792 c. The second general public member and two school
793 administrators, one public and one private, shall be appointed
794 to terms of 2 years; and
795 d. The remaining public school administrator shall be
796 appointed to a term of 1 year.
797
798 The board of directors shall conduct a blind draw to determine
799 the staggering of terms during the meeting in which the initial
800 appointments to the committee are made.
801 2. The board of directors may remove a member of the
802 committee on infractions for cause. Absence from three
803 consecutive meetings results in automatic removal.
804 (c) Duties and responsibilities.—
805 1. The committee on infractions shall:
806 a. Formulate and revise organization enforcement policies
807 and procedures, including investigative guidelines that will be
808 followed by the organization staff, subject to review and
809 approval by the board of directors;
810 b. Determine facts related to allegations of serious
811 violations and find violations of organization rules;
812 c. Impose an appropriate penalty on a member school that it
813 finds has committed a serious violation, or recommend to the
814 board of directors the suspension or termination of a school's
815 membership in the organization; and
816 d. Carry out other duties directly related to the
817 administration of the organization's enforcement program.
818 2. The committee on infractions shall base its findings on
819 the information that is presented as it determines to be
820 credible, persuasive, and of a kind on which reasonably prudent
821 persons rely in the conduct of serious affairs.
822 (d) Meetings.—
823 1. The committee on infractions shall meet at least once
824 each school year to review organization enforcement policies and
825 procedures, including investigative guidelines that will be
826 followed by the organization staff. Otherwise, the committee
827 shall meet upon the call of the chair.
828 2. Six members of the committee shall constitute a quorum.
829 The board of directors shall appoint alternate committee members
830 upon whom the chair, at his or her sole discretion, may call to
831 ensure the presence of a quorum. The committee may take official
832 action by a majority vote of the members present at any meeting
833 at which a quorum is present. The chair is the deciding vote in
834 the case of a tie.
835 (9) SECTIONAL ELIGIBILITY COMMITTEES.—
836 (a) Composition.—
837 1. Sectional eligibility committees shall consider
838 petitions for reinstatement of eligibility filed by member
839 schools on behalf of students determined to be ineligible to
840 participate in interscholastic athletic competition under any
841 applicable rule of the organization. There shall be one
842 sectional eligibility committee in each of the seven
843 administrative sections. Each committee shall be composed of the
844 following six persons appointed by the board of directors:
845 a. Five principals or athletic directors from member high
846 schools located within the section. Three administrators shall
847 be from public schools. Two administrators shall be from private
848 schools. At least one administrator shall be a principal, at
849 least one an athletic director, at least one male, at least one
850 female, and at least one a racial minority.
851 b. One member of the general public who may not be
852 connected with any member school, public school district, or
853 private school accrediting association, or represent athletic
854 directors, coaches, or students in any capacity.
855 2. The general public member shall act as chair of the
856 committee and must have knowledge of the principles and
857 practices to be followed in conducting quasi-judicial hearings
858 and related legal proceedings.
859 (b) Terms.—
860 1. Members of each sectional appeals committee shall be
861 appointed to 4-year staggered terms. Any member is eligible for
862 reappointment to a second term of 4 years. In order to achieve
863 staggered terms, of the initial appointments:
864 a. The general public member shall be appointed to a term
865 of 4 years;
866 b. Two school administrators, one public and one private,
867 shall be appointed to terms of 3 years;
868 c. Two school administrators, one public and one private,
869 shall be appointed to terms of 2 years; and
870 d. The remaining public school administrator shall be
871 appointed to a term of 1 year.
872
873 The board of directors shall conduct a blind draw to determine
874 the staggering of terms during the meeting in which the initial
875 appointments to each committee are made.
876 2. The board of directors may remove a member of a
877 sectional eligibility committee for cause. Absence from three
878 consecutive meetings results in automatic removal.
879 (c) Duties and responsibilities.—
880 1. Each sectional eligibility committee shall consider
881 petitions for reinstatement of student eligibility filed by
882 member schools located in the administrative section over which
883 it has jurisdiction and shall reinstate a student's eligibility
884 if the petitioner shows:
885 a. The determination of ineligibility by the organization's
886 staff was in error; or
887 b. Enforcement of the rule in the student's specific
888 situation fails to accomplish the purpose for which it was
889 intended and results in undue hardship for the student.
890 2. A petitioner that claims an undue hardship must show
891 that the student is in violation of the rule through no action
892 or inaction of his or her own due to circumstances completely
893 beyond the control of the student or his or her parents or the
894 administration of his or current school or former school or
895 schools, and cannot be reasonably expected to comply with the
896 rule.
897 3. If a sectional eligibility committee finds that
898 compliance with all requirements of a rule would result in undue
899 hardship, an exemption from any one or more requirements may be
900 granted by the committee to the extent necessary to improve such
901 undue hardship and to the extent such exception can be granted
902 without impairing the intent and purpose or fundamentally alter
903 the nature of the rule. The undue hardship exception must be
904 narrowly construed.
905 (d) Meetings.—
906 1. Each sectional eligibility committee shall meet monthly
907 as needed upon call of the chair.
908 2. Five members of a sectional eligibility committee shall
909 constitute a quorum. The board of directors shall appoint
910 alternate committee members upon whom the chair may call to
911 ensure the presence of a quorum. The committee may take official
912 action by a majority vote of the members present at any meeting
913 at which a quorum is present. The chair is the deciding vote in
914 the case of a tie.
915
916 This subsection shall take effect July 1, 2010.
917 (10) LEGISLATIVE PROCESS.—
918 (a) The board of directors or the legislative council may
919 adopt or amend the organization's rules. A proposal to create a
920 new rule or amend or repeal an existing rule may be sponsored
921 by:
922 1. Any member school;
923 2. Any public school district;
924 3. Any private school accrediting association;
925 4. Any committee in the organization's substructure of
926 committees;
927 5. The board of directors;
928 6. The legislative council; or
929 7. The leadership council.
930 (b) The board of directors shall review every rule adopted
931 by the legislative council. The board may ratify the rule as
932 adopted or, by a two-thirds vote, may amend or defeat it.
933 Adoption of a rule by the legislative council is not final until
934 the board of directors ratifies the rule or fails to amend or
935 defeat the rule.
936 (c) The board of directors by a two-thirds vote may restore
937 a rules proposal defeated by the legislative council. The board
938 may forward the proposal to the membership for review and
939 comment in its original form or may amend the proposal and
940 forward it for review and comment. The board also may adopt the
941 proposal in its original form or amend and adopt it.
942 (d) A rule adopted by the board of directors shall take
943 effect upon adoption or on the date specified, whichever is
944 later. A rule adopted by the legislative council shall take
945 effect after it has been reviewed by the board of directors or
946 on the date specified, whichever is later, unless the board
947 defeats it.
948 (e) The organization's bylaws must establish processes for
949 rules adoption which include timelines providing member schools,
950 affiliate organizations, and the public with an opportunity to
951 review and comment upon proposed rules changes. The bylaws must
952 also provide a process for expediting proposals that are deemed
953 an emergency by the board of directors.
954 (11) ADOPTION OF BYLAWS.—
955 (a) The organization shall adopt bylaws that, unless
956 specifically provided by statute, establish eligibility
957 requirements for all students who participate in high school
958 athletic competition in its member schools. The bylaws governing
959 residence and transfer shall allow the student to be eligible in
960 the school in which he or she first enrolls each school year, or
961 makes himself or herself a candidate for an athletic team by
962 engaging in a practice before enrolling in any member school.
963 The student is eligible in the school only if he or she remains
964 enrolled in such school. Subsequent eligibility shall be
965 determined and enforced through the organization's bylaws.
966 (b) The organization shall adopt bylaws that specifically
967 prohibit the recruiting of students for athletic purposes. The
968 bylaws must prescribe penalties and an appeals process for
969 athletic recruiting violations.
970 (c) The organization shall adopt bylaws that require all
971 students participating in interscholastic athletic competition
972 or who are candidates for an interscholastic athletic team to
973 satisfactorily pass a medical evaluation each year before
974 participating in interscholastic athletic competition or
975 engaging in any practice, tryout, workout, or other physical
976 activity associated with the student's candidacy for an
977 interscholastic athletic team. Such medical evaluation may be
978 administered only by a practitioner licensed under chapter 458,
979 chapter 459, chapter 460, or s. 464.012, and in good standing
980 with the practitioner's regulatory board. The bylaws must
981 include requirements for eliciting a student's medical history
982 and performing the medical evaluation required under this
983 paragraph, including a physical assessment of the student's
984 physical capabilities to participate in interscholastic athletic
985 competition as contained in a uniform preparticipation physical
986 evaluation and history form. The evaluation form must
987 incorporate the recommendations of the American Heart
988 Association for participation and cardiovascular screening and
989 must provide a place for the signature of the practitioner
990 performing the evaluation, along with an attestation that each
991 examination procedure listed on the form was performed by the
992 practitioner or by someone under the direct supervision of the
993 practitioner. The form must also contain a place for the
994 practitioner to indicate if a referral to another practitioner
995 was made in lieu of completing a certain examination procedure.
996 The form must also provide a place for the practitioner to whom
997 the student was referred to complete the remaining sections and
998 attest to that portion of the examination. The preparticipation
999 physical evaluation form must advise students to complete a
1000 cardiovascular assessment and must include information
1001 concerning alternative cardiovascular evaluation and diagnostic
1002 tests. Results of such medical evaluation must be provided to
1003 the school. A student is not eligible to participate in any
1004 interscholastic athletic competition or engage in any practice,
1005 tryout, workout, or other physical activity associated with the
1006 student's candidacy for an interscholastic athletic team until
1007 the results of the medical evaluation have been received and
1008 approved by the school.
1009 (d) Notwithstanding paragraph (c), a student may
1010 participate in an interscholastic athletic competition or be a
1011 candidate for an interscholastic athletic team if the student's
1012 parent or guardian objects in writing to the student undergoing
1013 a medical evaluation because such evaluation is contrary to his
1014 or her religious tenets or practices. However, any person or
1015 entity who is in a position to otherwise rely on the results of
1016 such medical evaluation is not liable for any damages resulting
1017 from the student's injury or death arising directly from the
1018 student's participation in interscholastic athletics during
1019 which an undisclosed medical condition that would have been
1020 revealed in the medical evaluation is a proximate cause of the
1021 injury or death.
1022 (12) RULES ADOPTION.—The organization's bylaws must require
1023 member schools to adopt rules for sports, which have been
1024 established by a nationally recognized sanctioning body, unless
1025 waived by at least a two-thirds vote of the legislative council
1026 and approved by the board of directors.
1027 Section 2. The Governor shall appoint the chair of the
1028 recomposed board of directors of the organization established by
1029 this act no more than 10 days after the effective date of this
1030 act. The newly appointed chair shall act on behalf of the board
1031 of directors to employ an interim chief administrative officer
1032 who shall facilitate the transition to the governing structure
1033 required in this act. The Governor, the President of the Senate,
1034 and the Speaker of the House of Representatives shall complete
1035 their appointments to the board of directors by July 15, 2009.
1036 The board of directors shall meet by July 31, 2009, to assume
1037 its duties as provided in this act.
1038 Section 3. The board of directors of the organization
1039 established by this act shall evaluate the organization's
1040 governing structure, as amended by this act and, if deemed
1041 necessary and advisable, shall recommend to the Legislature, by
1042 November 30, 2009, additional amendments to s. 1006.20, Florida
1043 Statutes, to improve the effectiveness and efficiency of the
1044 organization.
1045 Section 4. This act shall take effect upon becoming a law.