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         1006.20Governing 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.