Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 1704
       
       
       
       
       
       
                                Barcode 521274                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/31/2012           .                                
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       The Committee on Education Pre-K - 12 (Wise) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (8) of section 1006.15, Florida
    6  Statutes, is amended to read:
    7         1006.15 Student standards for participation in
    8  interscholastic and intrascholastic extracurricular student
    9  activities; regulation.—
   10         (8)(a) The Florida High School Athletic Association (FHSAA)
   11  and the Sunshine Independent Athletic Association (SIAA), in
   12  cooperation with each district school board, shall facilitate a
   13  program in which a middle school or high school student who
   14  attends a private school shall be eligible to participate in an
   15  interscholastic or intrascholastic sport at a public high
   16  school, a public middle school, or a 6-12 public school that is
   17  zoned for the physical address at which the student resides if:
   18         1. The private school in which the student is enrolled is
   19  not a member of the FHSAA or the SIAA and does not offer an
   20  interscholastic or intrascholastic athletic program or does not
   21  offer a specific sport that is offered at the public school.
   22         2. The private school student meets the guidelines for the
   23  conduct of the program established by the FHSAA’s board of
   24  directors or the SIAA’s board of directors and the district
   25  school board. At a minimum, such guidelines shall provide:
   26         a. A deadline for each sport by which the private school
   27  student’s parents must register with the public school in
   28  writing their intent for their child to participate at that
   29  school in the sport.
   30         b. Requirements for a private school student to
   31  participate, including, but not limited to, meeting the same
   32  standards of eligibility, acceptance, behavior, educational
   33  progress, and performance which apply to other students
   34  participating in interscholastic or intrascholastic sports at a
   35  public school or FHSAA or SIAA member private school.
   36         (b) The parents of a private school student participating
   37  in a public school sport under this subsection are responsible
   38  for transporting their child to and from the public school at
   39  which the student participates. The private school the student
   40  attends, the public school at which the student participates in
   41  a sport, the district school board, and the FHSAA, and the SIAA
   42  are exempt from civil liability arising from any injury that
   43  occurs to the student during such transportation.
   44         (c) For each academic year, a private school student may
   45  only participate at the public school in which the student is
   46  first registered under sub-subparagraph (a)2.a. or makes himself
   47  or herself a candidate for an athletic team by engaging in a
   48  practice or to which the student has obtained an approved
   49  transfer request from the district school board at any time
   50  during the school year.
   51         (d) The athletic director of each participating FHSAA or
   52  SIAA member public school shall maintain the student records
   53  necessary for eligibility, compliance, and participation in the
   54  program.
   55         (e) Any non-FHSAA or non-SIAA member private school that
   56  has a student who is participating wishes to participate in this
   57  program must make all student records, including, but not
   58  limited to, academic, financial, disciplinary, and attendance
   59  records, available upon request of the FHSAA or the SIAA.
   60         (f) A student must apply to participate in this program
   61  through the FHSAA or SIAA program application process.
   62         (g) Only students who are enrolled in non-FHSAA or non-SIAA
   63  member private schools consisting of 125 students or fewer are
   64  eligible to participate in the program in any given academic
   65  year.
   66         Section 2. Subsection (1) of section 1006.165, Florida
   67  Statutes, is amended to read:
   68         1006.165 Automated external defibrillator; user training.—
   69         (1) Each public school that is a member of the Florida High
   70  School Athletic Association or the Sunshine Independent Athletic
   71  Association must have an operational automated external
   72  defibrillator on the school grounds. Public and private
   73  partnerships are encouraged to cover the cost associated with
   74  the purchase and placement of the defibrillator and training in
   75  the use of the defibrillator.
   76         Section 3. Section 1006.18, Florida Statutes, is amended to
   77  read:
   78         1006.18 Cheerleader safety standards.—The Florida High
   79  School Athletic Association and the Sunshine Independent
   80  Athletic Association or successor organization shall adopt
   81  statewide uniform safety standards for student cheerleaders and
   82  spirit groups that participate in any school activity or
   83  extracurricular student activity. The Florida High School
   84  Athletic Association and the Sunshine Independent Athletic
   85  Association or successor organization shall adopt the “Official
   86  High School Spirit Rules,” published by the National Federation
   87  of State High School Associations, as the statewide uniform
   88  safety standards.
   89         Section 4. Section 1006.20, Florida Statutes, is amended to
   90  read:
   91         1006.20 Athletics in public K-12 schools.—
   92         (1) GOVERNING NONPROFIT ORGANIZATION.—The Florida High
   93  School Athletic Association and the Sunshine Independent
   94  Athletic Association are each is designated as a the governing
   95  nonprofit organization of athletics in Florida public schools.
   96  The Sunshine Independent Athletic Association is designated as a
   97  governing nonprofit organization of athletics in private schools
   98  and charter schools. If the Florida High School Athletic
   99  Association or the Sunshine Independent Athletic Association
  100  fails to meet the provisions of this section, the commissioner
  101  shall designate a nonprofit organization to replace that
  102  organization and govern athletics with the approval of the State
  103  Board of Education. The organizations are organization is not to
  104  be a state agencies agency as defined in s. 120.52. Each The
  105  organization shall be subject to the provisions of s. 1006.19. A
  106  private school that wishes to engage in high school athletic
  107  competition with a public high school may become a member of the
  108  organization. The bylaws of each the organization must are to be
  109  the rules by which high school athletic programs in its member
  110  schools, and the students who participate in them, are governed,
  111  unless otherwise specifically provided by statute. For the
  112  purposes of this section, “high school” includes grades 6
  113  through 12.
  114         (2) ADOPTION OF BYLAWS.—
  115         (a) Each The organization shall adopt bylaws that, unless
  116  specifically provided by statute, establish eligibility
  117  requirements for all students who participate in high school
  118  athletic competition in its member schools. The bylaws governing
  119  residence and transfer shall allow the student to be eligible in
  120  the school in which he or she first enrolls each school year,
  121  the school in which the student or makes himself or herself a
  122  candidate for an athletic team by engaging in a practice before
  123  prior to enrolling in the any member school, or the school to
  124  which the student has obtained an approved transfer request from
  125  the district school board at any time during the school year.
  126  The bylaws shall also allow a student who transfers from a
  127  public school to a private school during the school year to
  128  participate in any sport offered by the private school. If it is
  129  determined that a private school has recruited a student, the
  130  private school may participate in a higher competitive division
  131  for the sport in which the student competes if the private
  132  school pays the appropriate fine. A student’s eligibility to
  133  participate in competition in a school under this paragraph
  134  continues as The student shall be eligible in that school so
  135  long as he or she remains enrolled in that school. Subsequent
  136  eligibility shall be determined and enforced through the
  137  organization’s bylaws.
  138         (b) Each The organization shall adopt bylaws that
  139  specifically prohibit the recruiting of students for athletic
  140  purposes. The bylaws shall prescribe penalties and an appeals
  141  process for athletic recruiting violations.
  142         (c) Each The organization shall adopt bylaws that require
  143  all students participating in interscholastic athletic
  144  competition or who are candidates for an interscholastic
  145  athletic team to satisfactorily pass a medical evaluation each
  146  year before prior to participating in interscholastic athletic
  147  competition or engaging in any practice, tryout, workout, or
  148  other physical activity associated with the student’s candidacy
  149  for an interscholastic athletic team. Such medical evaluation
  150  may can only be administered only by a practitioner licensed
  151  under the provisions of chapter 458, chapter 459, chapter 460,
  152  or s. 464.012, and in good standing with the practitioner’s
  153  regulatory board. The bylaws shall establish requirements for
  154  eliciting a student’s medical history and performing the medical
  155  evaluation required under this paragraph, which shall include a
  156  physical assessment of the student’s physical capabilities to
  157  participate in interscholastic athletic competition as contained
  158  in a uniform preparticipation physical evaluation and history
  159  form. The evaluation form shall incorporate the recommendations
  160  of the American Heart Association for participation
  161  cardiovascular screening and shall provide a place for the
  162  signature of the practitioner performing the evaluation with an
  163  attestation that each examination procedure listed on the form
  164  was performed by the practitioner or by someone under the direct
  165  supervision of the practitioner. The form shall also contain a
  166  place for the practitioner to indicate if a referral to another
  167  practitioner was made in lieu of completion of a certain
  168  examination procedure. The form shall provide a place for the
  169  practitioner to whom the student was referred to complete the
  170  remaining sections and attest to that portion of the
  171  examination. The preparticipation physical evaluation form shall
  172  advise students to complete a cardiovascular assessment and
  173  shall include information concerning alternative cardiovascular
  174  evaluation and diagnostic tests. Results of such medical
  175  evaluation must be provided to the school. No student shall be
  176  eligible to participate in any interscholastic athletic
  177  competition or engage in any practice, tryout, workout, or other
  178  physical activity associated with the student’s candidacy for an
  179  interscholastic athletic team until the results of the medical
  180  evaluation have been received and approved by the school.
  181         (d) Notwithstanding the provisions of paragraph (c), a
  182  student may participate in interscholastic athletic competition
  183  or be a candidate for an interscholastic athletic team if the
  184  parent of the student objects in writing to the student
  185  undergoing a medical evaluation because such evaluation is
  186  contrary to his or her religious tenets or practices. However,
  187  in such case, there shall be no liability on the part of any
  188  person or entity in a position to otherwise rely on the results
  189  of such medical evaluation for any damages resulting from the
  190  student’s injury or death arising directly from the student’s
  191  participation in interscholastic athletics where an undisclosed
  192  medical condition that would have been revealed in the medical
  193  evaluation is a proximate cause of the injury or death.
  194         (e) Each organization shall adopt bylaws that regulate
  195  persons who conduct investigations. Such bylaws shall include
  196  provisions that require investigators to:
  197         1. Undergo a background check before being hired and be
  198  issued and carry a photo identification card that shows the
  199  association name and logo and the person’s job title.
  200         2. Adhere to the following guidelines:
  201         a. Interviews may be conducted only on Monday through
  202  Friday between the hours of 7 a.m. and 9 p.m. and Saturday and
  203  Sunday between the hours of 10 a.m. and 6 p.m.
  204         b. Searches of residences or other private areas may be
  205  conducted only with the written approval of the person being
  206  investigated.
  207         c. The parent of a person being interviewed may be present
  208  at the interview.
  209         d. A person of interest being interviewed may have legal
  210  counsel present at an interview. However, the attorney may not
  211  participate in the interview or object to a question, other than
  212  to advise the person not to answer a question.
  213         (f) Each organization shall adopt bylaws that allow a coach
  214  employed in a school that is a member of the organization to
  215  also coach or otherwise volunteer for a community, church, or
  216  other outside youth sports organization if such outside activity
  217  does not conflict with his or her obligations with the employer.
  218  Sanctions may not be placed on a coach or a student
  219  participating in an activity authorized under this paragraph and
  220  a student is eligible to participate in a school sport under the
  221  direction of the coach.
  222         (3) GOVERNING STRUCTURE OF EACH THE ORGANIZATION.—
  223         (a) Each The organization shall operate as a representative
  224  democracy in which the sovereign authority is within its member
  225  schools. Except as provided in this section, each the
  226  organization shall govern its affairs through its bylaws.
  227         (b) Each member school, on its annual application for
  228  membership, shall name its official representative to the
  229  organization. This representative must be either the school
  230  principal or his or her designee. That designee must either be
  231  an assistant principal or athletic director housed within that
  232  same school.
  233         (c) Each The organization’s membership shall be divided
  234  along existing county lines into four contiguous and compact
  235  administrative regions, each containing an equal or nearly equal
  236  number of member schools to ensure equitable representation on
  237  the organization’s board of directors, representative assembly,
  238  and committee on appeals.
  239         (4) BOARD OF DIRECTORS; FLORIDA HIGH SCHOOL ATHLETIC
  240  ASSOCIATION.—
  241         (a) The executive authority of the organization shall be
  242  vested in its board of directors. Any entity that appoints
  243  members to the board of directors shall examine the ethnic and
  244  demographic composition of the board when selecting candidates
  245  for appointment and shall, to the greatest extent possible, make
  246  appointments that reflect state demographic and population
  247  trends. The board of directors shall be composed of 16 persons,
  248  as follows:
  249         1. Four public member school representatives, one elected
  250  from among its public school representative members within each
  251  of the four administrative regions.
  252         2. Four nonpublic member school representatives, one
  253  elected from among its nonpublic school representative members
  254  within each of the four administrative regions.
  255         3. Three representatives appointed by the commissioner, one
  256  appointed from the two northernmost administrative regions and
  257  one appointed from the two southernmost administrative regions.
  258  The third representative shall be appointed to balance the board
  259  for diversity or state population trends, or both.
  260         4. Two district school superintendents, one elected from
  261  the two northernmost administrative regions by the members in
  262  those regions and one elected from the two southernmost
  263  administrative regions by the members in those regions.
  264         5. Two district school board members, one elected from the
  265  two northernmost administrative regions by the members in those
  266  regions and one elected from the two southernmost administrative
  267  regions by the members in those regions.
  268         6. The commissioner or his or her designee from the
  269  department executive staff.
  270         (b) A quorum of the board of directors shall consist of
  271  nine members.
  272         (c) The board of directors shall elect a president and a
  273  vice president from among its members. These officers shall also
  274  serve as officers of the organization.
  275         (d) Members of the board of directors shall serve terms of
  276  3 years and are eligible to succeed themselves only once. A
  277  member of the board of directors, other than the commissioner or
  278  his or her designee, may serve a maximum of 6 consecutive years.
  279  The organization’s bylaws shall establish a rotation of terms to
  280  ensure that a majority of the members’ terms do not expire
  281  concurrently.
  282         (e) The authority and duties of the board of directors,
  283  acting as a body and in accordance with the organization’s
  284  bylaws, are as follows:
  285         1. To act as the incorporated organization’s board of
  286  directors and to fulfill its obligations as required by the
  287  organization’s charter and articles of incorporation.
  288         2. To establish such guidelines, regulations, policies, and
  289  procedures as are authorized by the bylaws.
  290         3. To provide an organization commissioner, who shall have
  291  the authority to waive the bylaws of the organization in order
  292  to comply with statutory changes.
  293         4. To levy annual dues and other fees and to set the
  294  percentage of contest receipts to be collected by the
  295  organization.
  296         5. To approve the budget of the organization.
  297         6. To organize and conduct statewide interscholastic
  298  competitions, which may or may not lead to state championships,
  299  and to establish the terms and conditions for these
  300  competitions. The Florida High School Athletic Association may
  301  not deny or discourage interscholastic competition between its
  302  members and members of the Sunshine Independent Athletic
  303  Association, and may not take any retributory or discriminatory
  304  action against any of its members who engage in interscholastic
  305  competition with members of the Sunshine Independent Athletic
  306  Association. The associations shall conduct annual state
  307  interscholastic championship competitions for each sport and
  308  competition level offered at their member schools.
  309         7. To act as an administrative board in the interpretation
  310  of, and final decision on, all questions and appeals arising
  311  from the directing of interscholastic athletics of member
  312  schools.
  313         (5) REPRESENTATIVE ASSEMBLY; FLORIDA HIGH SCHOOL ATHLETIC
  314  ASSOCIATION.—
  315         (a) The legislative authority of the organization is vested
  316  in its representative assembly.
  317         (b) The representative assembly shall be composed of the
  318  following:
  319         1. An equal number of member school representatives from
  320  each of the four administrative regions.
  321         2. Four district school superintendents, one elected from
  322  each of the four administrative regions by the district school
  323  superintendents in their respective administrative regions.
  324         3. Four district school board members, one elected from
  325  each of the four administrative regions by the district school
  326  board members in their respective administrative regions.
  327         4. The commissioner or his or her designee from the
  328  department executive staff.
  329         (c) The organization’s bylaws shall establish the number of
  330  member school representatives to serve in the representative
  331  assembly from each of the four administrative regions and shall
  332  establish the method for their selection.
  333         (d) A No member of the board of directors, other than the
  334  commissioner or his or her designee, may not can serve in the
  335  representative assembly.
  336         (e) The representative assembly shall elect a chairperson
  337  and a vice chairperson from among its members.
  338         (f) Elected members of the representative assembly shall
  339  serve terms of 2 years and are eligible to succeed themselves
  340  for two additional terms. An elected member, other than the
  341  commissioner or his or her designee, may serve a maximum of 6
  342  consecutive years in the representative assembly.
  343         (g) A quorum of the representative assembly consists of one
  344  more than half of its members.
  345         (h) The authority of the representative assembly is limited
  346  to its sole duty, which is to consider, adopt, or reject any
  347  proposed amendments to the organization’s bylaws.
  348         (i) The representative assembly shall meet as a body
  349  annually. A two-thirds majority of the votes cast by members
  350  present is required for passage of any proposal.
  351         (6) PUBLIC LIAISON ADVISORY COMMITTEE; FLORIDA HIGH SCHOOL
  352  ATHLETIC ASSOCIATION.—
  353         (a) The organization shall establish, sustain, fund, and
  354  provide staff support to a public liaison advisory committee
  355  composed of the following:
  356         1. The commissioner or his or her designee.
  357         2. A member public school principal.
  358         3. A member private school principal.
  359         4. A member school principal who is a member of a racial
  360  minority.
  361         5. An active athletic director.
  362         6. An active coach, who is employed full time by a member
  363  school.
  364         7. A student athlete.
  365         8. A district school superintendent.
  366         9. A district school board member.
  367         10. A member of the Florida House of Representatives.
  368         11. A member of the Florida Senate.
  369         12. A parent of a high school student.
  370         13. A member of a home education association.
  371         14. A representative of the business community.
  372         15. A representative of the news media.
  373         (b) A No member of the board of directors, committee on
  374  appeals, or representative assembly is not eligible to serve on
  375  the public liaison advisory committee.
  376         (c) The public liaison advisory committee shall elect a
  377  chairperson and vice chairperson from among its members.
  378         (d) The authority and duties of the public liaison advisory
  379  committee are as follows:
  380         1. To act as a conduit through which the general public may
  381  have input into the decisionmaking process of the organization
  382  and to assist the organization in the development of procedures
  383  regarding the receipt of public input and disposition of
  384  complaints related to high school athletic and competition
  385  programs.
  386         2. To conduct public hearings annually in each of the four
  387  administrative regions during which interested parties may
  388  address issues regarding the effectiveness of the rules,
  389  operation, and management of the organization.
  390         3. To conduct an annual evaluation of the organization as a
  391  whole and present a report of its findings, conclusion, and
  392  recommendations to the board of directors, to the commissioner,
  393  and to the respective education committees of the Florida Senate
  394  and the Florida House of Representatives. The recommendations
  395  must delineate policies and procedures that will improve the
  396  implementation and oversight of high school athletic programs by
  397  the organization.
  398         (e) The public liaison advisory committee shall meet four
  399  times annually. Additional meetings may be called by the
  400  committee chairperson, the organization president, or the
  401  organization commissioner.
  402         (7) APPEALS.—
  403         (a) Each The organization shall establish a procedure of
  404  due process which ensures each student the opportunity to appeal
  405  an unfavorable ruling with regard to his or her eligibility to
  406  compete. The initial appeal shall be made to a committee on
  407  appeals within the administrative region in which the student
  408  lives. Each The organization’s bylaws shall establish the
  409  number, size, and composition of the committee on appeals.
  410         (b) A No member of the board of directors is not eligible
  411  to serve on the committee on appeals.
  412         (c) Members of the committee on appeals shall serve terms
  413  of 3 years and are eligible to succeed themselves only once. A
  414  member of the committee on appeals may serve a maximum of 6
  415  consecutive years. Each The organization’s bylaws shall
  416  establish a rotation of terms to ensure that a majority of the
  417  members’ terms do not expire concurrently.
  418         (d) The authority and duties of the committee on appeals
  419  shall be to consider requests by member schools seeking
  420  exceptions to bylaws and regulations, to hear undue hardship
  421  eligibility cases filed by member schools on behalf of student
  422  athletes, and to hear appeals filed by member schools.
  423         (e) A student athlete or member school that receives an
  424  unfavorable ruling from a committee on appeals shall be entitled
  425  to appeal that decision to the district school board of
  426  directors at its next regularly scheduled meeting or called
  427  meeting. The district school board has of directors shall have
  428  the authority to uphold, reverse, or amend the decision of the
  429  committee on appeals. In all such cases, the decision of the
  430  district school board is of directors shall be final.
  431         (f) Each organization shall expedite the appeals process so
  432  that disposition of the appeal can be made before the end of the
  433  applicable sports season, if possible.
  434         (g) Notwithstanding paragraph (a), the committee on appeals
  435  of the Sunshine Independent Athletic Association shall be
  436  composed of 10 persons as follows:
  437         1. Three members appointed by the Governor.
  438         2. Three members appointed by the President of the Senate.
  439         3. Three members appointed by the Speaker of the House of
  440  Representatives.
  441         4. The commissioner or his or her designee, who shall serve
  442  as a nonvoting member.
  443         (8) AMENDMENT OF BYLAWS.—Each member school representative,
  444  the board of directors acting as a whole or as members acting
  445  individually, any advisory committee acting as a whole to be
  446  established by the organization, and the organization’s
  447  commissioner are empowered to propose amendments to the bylaws.
  448  Any other individual may propose an amendment by securing the
  449  sponsorship of any of the aforementioned individuals or bodies.
  450  All proposed amendments must be submitted directly to the
  451  representative assembly for its consideration. The
  452  representative assembly, while empowered to adopt, reject, or
  453  revise proposed amendments, may not, in and of itself, as a body
  454  be allowed to propose any amendment for its own consideration.
  455         (9) RULES ADOPTION.—The bylaws of each the organization
  456  shall require member schools to adopt rules for sports, which
  457  have been established by a nationally recognized sanctioning
  458  body, unless waived by at least a two-thirds vote of the board
  459  of directors.
  460         (10) BOARD OF DIRECTORS; SUNSHINE INDEPENDENT ATHLETIC
  461  ASSOCIATION.—
  462         (a) The executive authority of the organization shall be
  463  vested in its board of directors. Any entity that appoints
  464  members to the board of directors shall examine the ethnic and
  465  demographic composition of the board when selecting candidates
  466  for appointment and shall, to the extent possible, make
  467  appointments that reflect state demographic and population
  468  trends. The board of directors shall be composed of 16 persons,
  469  as follows:
  470         1. Four charter school representatives, one elected from
  471  among its public school representative members within each of
  472  the four administrative regions for public schools.
  473         2. Four private member school representatives, one elected
  474  from among its private school representative members within each
  475  of the four administrative regions for public schools.
  476         3. Three representatives appointed by the commissioner, one
  477  appointed from the two northernmost administrative regions, one
  478  appointed from the two southernmost administrative regions, and
  479  one appointed from the public schools that can balance the board
  480  for diversity or state population trends, or both.
  481         4. Two school headmasters, one elected from the two
  482  northernmost administrative regions by the private school
  483  members in those regions and one elected from the two
  484  southernmost administrative regions by the private school
  485  members in those regions.
  486         5. Two private school governing board members, one elected
  487  from the two northernmost administrative regions by the private
  488  school members in those regions and one elected from the two
  489  southernmost administrative regions by the private school
  490  members in those regions.
  491         6. The commissioner, or his or her designee from the
  492  department executive staff.
  493         7. The initial appointments to the board must be made by
  494  October 1, 2012.
  495         (b) A quorum of the board of directors shall consist of
  496  nine members.
  497         (c) The board of directors shall elect a president and a
  498  vice president from among its members. These officers shall also
  499  serve as officers of the organization.
  500         (d) Members of the board of directors shall serve terms of
  501  3 years and are eligible to succeed themselves only once. The
  502  organization’s bylaws shall establish a rotation of terms to
  503  ensure that a majority of the members’ terms do not expire
  504  concurrently.
  505         (e) The authority and duties of the board of directors,
  506  acting as a body and in accordance with the organization’s
  507  bylaws, are as follows:
  508         1. To act as the incorporated organization’s board of
  509  directors and to fulfill its obligations as required by the
  510  organization’s charter and articles of incorporation.
  511         2. To establish such guidelines, regulations, policies, and
  512  procedures as are authorized by the bylaws.
  513         3. To provide an organization commissioner, who may waive
  514  the bylaws of the organization in order to comply with statutory
  515  changes.
  516         4. To levy annual dues and other fees and to set the
  517  percentage of contest receipts to be collected by the
  518  organization.
  519         5. To approve the budget of the organization.
  520         6. To organize and conduct statewide interscholastic
  521  competitions.
  522         7. To act as an administrative board in the interpretation
  523  of all questions and appeals arising from the directing of
  524  interscholastic athletics of member schools.
  525         (11) MEMBERSHIP.—Notwithstanding any law to the contrary,
  526  any high school in this state, including a virtual school or a
  527  home-education cooperative, may become a member of the Florida
  528  High School Athletic Association or the Sunshine Independent
  529  Athletic Association and participate in the activities of that
  530  organization. However, a public high school may not join the
  531  Sunshine Independent Athletic Association, and a public charter
  532  school may not join the Florida High School Athletic
  533  Association.
  534         (a) Membership in an association is not mandatory for any
  535  high school.
  536         (b) A high school may be a member of only one organization
  537  at a time. A high school may apply for membership to the other
  538  organization, but may not join, and dues are not owed until the
  539  current membership expires.
  540         (12) FINES.—Any fines collected by either organization
  541  shall be deposited as follows:
  542         (a) Forty percent into the Educational Enhancement Trust
  543  Fund.
  544         (b) Thirty percent into the school district’s education
  545  foundation for the educational benefit of all students in the
  546  school district.
  547         (c) Thirty percent to the association that levies the fine.
  548         Section 5. Paragraph (a) of subsection (7) of section
  549  1012.467, Florida Statutes, is amended to read:
  550         1012.467 Noninstructional contractors who are permitted
  551  access to school grounds when students are present; background
  552  screening requirements.—
  553         (7)(a) The Department of Law Enforcement shall implement a
  554  system that allows for the results of a criminal history check
  555  provided to a school district to be shared with other school
  556  districts through a secure Internet website or other secure
  557  electronic means. The Department of Law Enforcement may adopt
  558  rules under ss. 120.536(1) and 120.54 to implement this
  559  paragraph. School districts must accept reciprocity of level 2
  560  screenings for Florida High School Athletic Association or
  561  Sunshine Independent Athletic Association officials.
  562         Section 6. Paragraph (b) of subsection (2) of section
  563  1012.55, Florida Statutes, is amended to read:
  564         1012.55 Positions for which certificates required.—
  565         (2)
  566         (b) Completion of a sports safety course shall count for 6
  567  hours of required school district inservice instruction for
  568  athletic coaching certification if the course is approved by the
  569  Florida High School Athletic Association Board of Directors or
  570  the Sunshine Independent Athletic Association Board of Directors
  571  and meets the following requirements:
  572         1. The course consists of at least eight modules.
  573         2. The course immediately provides an individual with a
  574  “merit” certificate at the time of successful completion.
  575         3. The course is delivered through hands-on and online
  576  teaching methods.
  577         4. The course is a hands-on course taught by either a
  578  state-licensed athletic trainer who holds a current certificate
  579  from the Board of Certification or a member of the American
  580  Academy of Orthopaedic Surgeons.
  581         5. Hands-on course material is less than 120 pages.
  582         6. The course covers sports safety specifically, excluding
  583  coaching principles and procedures for cardiopulmonary
  584  resuscitation.
  585         7. The course is authored or approved by at least 10 health
  586  care professionals, including doctors of medicine, doctors of
  587  osteopathy, registered nurses, physical therapists, and
  588  certified athletic trainers.
  589         8. The course is revised and reviewed for updates at least
  590  once every 30 months.
  591         9. The course is available to the general public for a
  592  retail price under $50.
  593         10. Each course examination is automated and taken online
  594  with a score of 80 percent or better for successful completion.
  595         Section 7. This act shall take effect July 1, 2012.
  596  
  597  ================= T I T L E  A M E N D M E N T ================
  598         And the title is amended as follows:
  599         Delete everything before the enacting clause
  600  and insert:
  601                        A bill to be entitled                      
  602         An act relating to high school athletics; amending s.
  603         1006.15, F.S.; expanding the eligibility of certain
  604         students in private schools to participate in sports
  605         programs in public schools; amending ss. 1006.165 and
  606         1006.18, F.S.; requiring private schools that are
  607         members of the Sunshine Independent Athletic
  608         Association to comply with certain requirements for
  609         having an operational automated external defibrillator
  610         on school grounds and to comply with cheerleader
  611         safety standards; amending s. 1006.20, F.S.;
  612         designating the Sunshine Independent Athletic
  613         Association as the governing nonprofit organization of
  614         athletics in private schools and charter schools in
  615         this state; revising provisions relating to the bylaws
  616         of the Florida High School Athletic Association and
  617         providing for organization, authority, and duties of
  618         the Sunshine Independent Athletic Association;
  619         requiring the bylaws of both associations to allow
  620         certain students who transfer to a private school to
  621         participate in sports offered by the school; requiring
  622         such bylaws to regulate investigators used by the
  623         associations and providing restrictions on
  624         investigations that are conducted; requiring such
  625         bylaws to allow coaches to coach in outside youth
  626         sports organizations; prohibiting the Florida High
  627         School Athletic Association from denying or
  628         discouraging interscholastic competition between
  629         public and private schools; providing for annual
  630         interscholastic competition championships between
  631         public and private high schools for each sport and
  632         competition level offered in public and private high
  633         schools in this state; providing procedures for
  634         appeals to the Sunshine Independent Athletic
  635         Association; requiring that appeals to a committee on
  636         appeals for the Florida High School Athletic
  637         Association or the Sunshine Independent Athletic
  638         Association be held in the county where the
  639         appellant’s school is located; requiring that an
  640         appeals process be expedited, if possible; providing
  641         for the composition of a committee on appeals for the
  642         Sunshine Independent Athletic Association; creating a
  643         board of directors of the Sunshine Independent
  644         Athletic Association and providing authority and
  645         duties of the board; providing for the composition of
  646         the board membership; authorizing any high school in
  647         this state, including a virtual school or a home
  648         education cooperative, to become a member of the
  649         Florida High School Athletic Association or the
  650         Sunshine Independent Athletic Association; prohibiting
  651         a public high school from joining the Sunshine
  652         Independent Athletic Association; prohibiting a public
  653         charter school from joining the Florida High School
  654         Athletic Association; providing for the use of fines
  655         collected by either association; amending s. 1012.467,
  656         F.S.; requiring school districts to accept reciprocity
  657         of the level 2 screening for Sunshine Independent
  658         Athletic Association officials; amending s. 1012.55,
  659         F.S.; adding approved sports safety courses by the
  660         Sunshine Independent Athletic Association to the list
  661         of required school district inservice instruction for
  662         athletic coaching certification; providing an
  663         effective date.