ENROLLED
       2010 Legislature                           SB 150, 1st Engrossed
       
       
       
       
       
       
                                                              2010150er
    1  
    2         An act relating to athletic coaches; defining the
    3         terms “athletic coach” and “independent sanctioning
    4         authority”; requiring the independent sanctioning
    5         authority of a youth athletic team to screen the
    6         background of current and prospective athletic coaches
    7         through designated state and federal sex offender
    8         registries; providing that a commercial consumer
    9         reporting agency screening that meets specified
   10         requirements complies with screening requirements;
   11         requiring the independent sanctioning authority to
   12         disqualify any athletic coach appearing on a registry;
   13         requiring the independent sanctioning authority to
   14         provide a disqualified athletic coach with written
   15         notice; requiring the independent sanctioning
   16         authority to maintain documentation of screening
   17         results and disqualification notices; providing a
   18         rebuttable presumption that an independent sanctioning
   19         authority did not negligently authorize an athletic
   20         coach for purposes of a civil action for an
   21         intentional tort relating to alleged sexual misconduct
   22         by the athletic coach if the authority complied with
   23         the screening and disqualification requirements;
   24         encouraging independent sanctioning authorities for
   25         youth athletic teams to participate in the Volunteer
   26         and Employee Criminal History System; providing an
   27         effective date.
   28  
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Athletic coaches for independent sanctioning
   32  authorities.—
   33         (1) As used in this section, the term:
   34         (a) “Athletic coach” means a person who:
   35         1. Is authorized by an independent sanctioning authority to
   36  work for 20 or more hours within a calendar year, whether for
   37  compensation or as a volunteer, for a youth athletic team based
   38  in this state; and
   39         2. Has direct contact with one or more minors on the youth
   40  athletic team.
   41         (b) “Independent sanctioning authority” means a private,
   42  nongovernmental entity that organizes, operates, or coordinates
   43  a youth athletic team in this state if the team includes one or
   44  more minors and is not affiliated with a private school as
   45  defined in s. 1002.01, Florida Statutes.
   46         (2) An independent sanctioning authority shall:
   47         (a)1. Conduct a background screening of each current and
   48  prospective athletic coach. No person shall be authorized by the
   49  independent sanctioning authority to act as an athletic coach
   50  after July 1, 2010, unless a background screening has been
   51  conducted and did not result in disqualification under paragraph
   52  (b). Background screenings shall be conducted annually for each
   53  athletic coach. For purposes of this section, a background
   54  screening shall be conducted with a search of the athletic
   55  coach’s name or other identifying information against state and
   56  federal registries of sexual predators and sexual offenders,
   57  which are available to the public on Internet sites provided by:
   58         a. The Department of Law Enforcement under s. 943.043,
   59  Florida Statutes; and
   60         b. The Attorney General of the United States under 42
   61  U.S.C. s. 16920.
   62         2. For purposes of this section, a background screening
   63  conducted by a commercial consumer reporting agency in
   64  compliance with the federal Fair Credit Reporting Act using the
   65  identifying information referenced in subparagraph 1. and that
   66  includes searching that information against the sexual predator
   67  and sexual offender Internet sites listed in sub-subparagraphs
   68  1.a. and b. shall be deemed in compliance with the requirements
   69  of this section.
   70         (b) Disqualify any person from acting as an athletic coach
   71  if he or she is identified on a registry described in paragraph
   72  (a).
   73         (c) Provide, within 7 business days following the
   74  background screening under paragraph (a), written notice to a
   75  person disqualified under this section advising the person of
   76  the results and of his or her disqualification.
   77         (d) Maintain documentation of:
   78         1. The results for each person screened under paragraph
   79  (a); and
   80         2. The written notice of disqualification provided to each
   81  person under paragraph (c).
   82         (3) In a civil action for the death of, or injury or damage
   83  to, a third person caused by the intentional tort of an athletic
   84  coach that relates to alleged sexual misconduct by the athletic
   85  coach, there is a rebuttable presumption that the independent
   86  sanctioning authority was not negligent in authorizing the
   87  athletic coach if the authority complied with the background
   88  screening and disqualification requirements of subsection (2)
   89  prior to such authorization.
   90         (4) The Legislature encourages independent sanctioning
   91  authorities for youth athletic teams to participate in the
   92  Volunteer and Employee Criminal History System, as authorized by
   93  the National Child Protection Act of 1993 and s. 943.0542,
   94  Florida Statutes.
   95         Section 2. This act shall take effect July 1, 2010.