Florida Senate - 2012                                    SB 1704
       
       
       
       By Senator Wise
       
       
       
       
       5-00276C-12                                           20121704__
    1                        A bill to be entitled                      
    2         An act relating to high school athletics; amending s.
    3         1006.15, F.S.; expanding the eligibility of certain
    4         students in private schools to participate in sports
    5         programs in public schools; amending s. 1006.20, F.S.;
    6         designating the Sunshine Independent Athletic
    7         Association as the governing nonprofit organization of
    8         athletics in private schools in this state; revising
    9         provisions relating to the bylaws of the Florida High
   10         School Athletic Association and providing for
   11         organization, authority, and duties of the Sunshine
   12         Independent Athletic Association; requiring the bylaws
   13         of both associations to allow certain students who
   14         transfer to a private school to participate in sports
   15         offered by the school; requiring such bylaws to
   16         regulate investigators used by the associations and
   17         providing restrictions on investigations that are
   18         conducted; requiring such bylaws to allow coaches to
   19         coach in outside youth sports organizations;
   20         prohibiting the Florida High School Athletic
   21         Association from denying or discouraging
   22         interscholastic competition between public and private
   23         schools; providing for annual interscholastic
   24         competition championships between public and nonpublic
   25         high schools for each sport and competition level
   26         offered in public and private high schools in this
   27         state; providing procedures for appeals to the
   28         Sunshine Independent Athletic Association; requiring
   29         that appeals to a committee on appeals for the Florida
   30         High School Athletic Association or the Sunshine
   31         Independent Athletic Association be held in the county
   32         where the appellant’s school is located; requiring
   33         that an appeals process be expedited, if possible;
   34         providing for the composition of a committee on
   35         appeals for the Sunshine Independent Athletic
   36         Association; creating a board of directors of the
   37         Sunshine Independent Athletic Association and
   38         providing authority and duties of the board; providing
   39         for the composition of the board membership;
   40         authorizing private schools to join the Sunshine
   41         Independent Athletic Association; providing for the
   42         use of fines collected by either association;
   43         providing an effective date.
   44  
   45  Be It Enacted by the Legislature of the State of Florida:
   46  
   47         Section 1. Subsection (8) of section 1006.15, Florida
   48  Statutes, is amended to read:
   49         1006.15 Student standards for participation in
   50  interscholastic and intrascholastic extracurricular student
   51  activities; regulation.—
   52         (8)(a) The Florida High School Athletic Association
   53  (FHSAA), in cooperation with each district school board, shall
   54  facilitate a program in which a middle school or high school
   55  student who attends a private school shall be eligible to
   56  participate in an interscholastic or intrascholastic sport at a
   57  public high school, a public middle school, or a 6-12 public
   58  school that is zoned for the physical address at which the
   59  student resides if:
   60         1. The private school in which the student is enrolled is
   61  not a member of the FHSAA and does not offer an interscholastic
   62  or intrascholastic athletic program or does not offer a specific
   63  sport that is offered at the public school.
   64         2. The private school student meets the guidelines for the
   65  conduct of the program established by the FHSAA’s board of
   66  directors and the district school board. At a minimum, such
   67  guidelines shall provide:
   68         a. A deadline for each sport by which the private school
   69  student’s parents must register with the public school in
   70  writing their intent for their child to participate at that
   71  school in the sport.
   72         b. Requirements for a private school student to
   73  participate, including, but not limited to, meeting the same
   74  standards of eligibility, acceptance, behavior, educational
   75  progress, and performance which apply to other students
   76  participating in interscholastic or intrascholastic sports at a
   77  public school or FHSAA member private school.
   78         (b) The parents of a private school student participating
   79  in a public school sport under this subsection are responsible
   80  for transporting their child to and from the public school at
   81  which the student participates. The private school the student
   82  attends, the public school at which the student participates in
   83  a sport, the district school board, and the FHSAA are exempt
   84  from civil liability arising from any injury that occurs to the
   85  student during such transportation.
   86         (c) For each academic year, a private school student may
   87  only participate at the public school in which the student is
   88  first registered under sub-subparagraph (a)2.a. or makes himself
   89  or herself a candidate for an athletic team by engaging in a
   90  practice.
   91         (d) The athletic director of each participating FHSAA
   92  member public school shall maintain the student records
   93  necessary for eligibility, compliance, and participation in the
   94  program.
   95         (e) Any non-FHSAA member private school that has a student
   96  who wishes to participate in this program must make all student
   97  records, including, but not limited to, academic, financial,
   98  disciplinary, and attendance records, available upon request of
   99  the FHSAA.
  100         (f) A student must apply to participate in this program
  101  through the FHSAA program application process.
  102         (g) Only students who are enrolled in non-FHSAA member
  103  private schools consisting of 250 125 students or fewer are
  104  eligible to participate in the program in any given academic
  105  year.
  106         Section 2. Section 1006.20, Florida Statutes, is amended to
  107  read:
  108         1006.20 Athletics in public K-12 schools.—
  109         (1) GOVERNING NONPROFIT ORGANIZATION.—The Florida High
  110  School Athletic Association is designated as the governing
  111  nonprofit organization of athletics in Florida public schools.
  112  If the Florida High School Athletic Association fails to meet
  113  the provisions of this section, the commissioner shall designate
  114  a nonprofit organization to govern athletics with the approval
  115  of the State Board of Education. The organization is not to be a
  116  state agency as defined in s. 120.52. The Sunshine Independent
  117  Athletic Association is designated as the governing nonprofit
  118  organization of athletics in private schools in this state. The
  119  organization shall be subject to the provisions of s. 1006.19. A
  120  private school that wishes to engage in high school athletic
  121  competition with a public high school may become a member of the
  122  organization. The bylaws of each the organization shall are to
  123  be the rules by which high school athletic programs in its
  124  member schools, and the students who participate in them, are
  125  governed, unless otherwise specifically provided by statute. For
  126  the purposes of this section, “high school” includes grades 6
  127  through 12.
  128         (2) ADOPTION OF BYLAWS.—
  129         (a) Each The organization shall adopt bylaws that, unless
  130  specifically provided by statute, establish eligibility
  131  requirements for all students who participate in high school
  132  athletic competition in its member schools. The bylaws governing
  133  residence and transfer shall allow the student to be eligible in
  134  the school in which he or she first enrolls each school year, or
  135  makes himself or herself a candidate for an athletic team by
  136  engaging in a practice before prior to enrolling in any member
  137  school. The bylaws shall also allow a student who transfers from
  138  a public school to a private school during the school year to
  139  participate in any sport offered by the private school, with the
  140  approval of the public school district, if the student pays the
  141  full tuition charged by the private school for all students. The
  142  student shall be eligible in that school so long as he or she
  143  remains enrolled in that school. Subsequent eligibility shall be
  144  determined and enforced through the organization’s bylaws.
  145         (b) Each The organization shall adopt bylaws that
  146  specifically prohibit the recruiting of students for athletic
  147  purposes. The bylaws shall prescribe penalties and an appeals
  148  process for athletic recruiting violations.
  149         (c) Each The organization shall adopt bylaws that require
  150  all students participating in interscholastic athletic
  151  competition or who are candidates for an interscholastic
  152  athletic team to satisfactorily pass a medical evaluation each
  153  year before prior to participating in interscholastic athletic
  154  competition or engaging in any practice, tryout, workout, or
  155  other physical activity associated with the student’s candidacy
  156  for an interscholastic athletic team. Such medical evaluation
  157  shall can only be administered only by a practitioner licensed
  158  under the provisions of chapter 458, chapter 459, chapter 460,
  159  or s. 464.012, and in good standing with the practitioner’s
  160  regulatory board. The bylaws shall establish requirements for
  161  eliciting a student’s medical history and performing the medical
  162  evaluation required under this paragraph, which shall include a
  163  physical assessment of the student’s physical capabilities to
  164  participate in interscholastic athletic competition as contained
  165  in a uniform preparticipation physical evaluation and history
  166  form. The evaluation form shall incorporate the recommendations
  167  of the American Heart Association for participation
  168  cardiovascular screening and shall provide a place for the
  169  signature of the practitioner performing the evaluation with an
  170  attestation that each examination procedure listed on the form
  171  was performed by the practitioner or by someone under the direct
  172  supervision of the practitioner. The form shall also contain a
  173  place for the practitioner to indicate if a referral to another
  174  practitioner was made in lieu of completion of a certain
  175  examination procedure. The form shall provide a place for the
  176  practitioner to whom the student was referred to complete the
  177  remaining sections and attest to that portion of the
  178  examination. The preparticipation physical evaluation form shall
  179  advise students to complete a cardiovascular assessment and
  180  shall include information concerning alternative cardiovascular
  181  evaluation and diagnostic tests. Results of such medical
  182  evaluation must be provided to the school. No student shall be
  183  eligible to participate in any interscholastic athletic
  184  competition or engage in any practice, tryout, workout, or other
  185  physical activity associated with the student’s candidacy for an
  186  interscholastic athletic team until the results of the medical
  187  evaluation have been received and approved by the school.
  188         (d) Notwithstanding the provisions of paragraph (c), a
  189  student may participate in interscholastic athletic competition
  190  or be a candidate for an interscholastic athletic team if the
  191  parent of the student objects in writing to the student
  192  undergoing a medical evaluation because such evaluation is
  193  contrary to his or her religious tenets or practices. However,
  194  in such case, there shall be no liability on the part of any
  195  person or entity in a position to otherwise rely on the results
  196  of such medical evaluation for any damages resulting from the
  197  student’s injury or death arising directly from the student’s
  198  participation in interscholastic athletics where an undisclosed
  199  medical condition that would have been revealed in the medical
  200  evaluation is a proximate cause of the injury or death.
  201         (e) Each organization shall adopt bylaws that regulate
  202  persons who conduct investigations. Such bylaws shall include
  203  provisions that require investigators to:
  204         1. Undergo a background check before being hired and be
  205  issued and carry a photo identification card that shows the
  206  association name and logo and the person’s job title.
  207         2. Adhere to the following guidelines:
  208         a. Interviews may be conducted only on Monday through
  209  Friday between the hours of 7 a.m. and 7 p.m.
  210         b. Searches of lockers, residences, or other private areas
  211  may be conducted only with the written approval of the person
  212  being investigated.
  213         c. Parents or legal guardians of any person being
  214  interviewed may be present at the interview.
  215         d. Any person being interviewed may have legal counsel
  216  present at an interview. However, the attorney may not
  217  participate in the interview or object to a question, other than
  218  advising the person not to answer a question.
  219         (f) Each organization shall adopt bylaws that allow a coach
  220  employed in a school that is a member of the organization to
  221  also coach or otherwise volunteer for a community, church, or
  222  other outside youth sports organization if such outside activity
  223  does not conflict with his or her obligations with the employer.
  224         (3) GOVERNING STRUCTURE OF EACH THE ORGANIZATION.—
  225         (a) Each The organization shall operate as a representative
  226  democracy in which the sovereign authority is within its member
  227  schools. Except as provided in this section, each the
  228  organization shall govern its affairs through its bylaws.
  229         (b) Each member school, on its annual application for
  230  membership, shall name its official representative to the
  231  organization. This representative must be either the school
  232  principal or his or her designee. That designee must either be
  233  an assistant principal or athletic director housed within that
  234  same school.
  235         (c) Each The organization’s membership shall be divided
  236  along existing county lines into four contiguous and compact
  237  administrative regions, each containing an equal or nearly equal
  238  number of member schools to ensure equitable representation on
  239  the organization’s board of directors, representative assembly,
  240  and committee on appeals.
  241         (4) BOARD OF DIRECTORS; FLORIDA HIGH SCHOOL ATHLETIC
  242  ASSOCIATION.—
  243         (a) The executive authority of the organization shall be
  244  vested in its board of directors. Any entity that appoints
  245  members to the board of directors shall examine the ethnic and
  246  demographic composition of the board when selecting candidates
  247  for appointment and shall, to the greatest extent possible, make
  248  appointments that reflect state demographic and population
  249  trends. The board of directors shall be composed of 16 persons,
  250  as follows:
  251         1. Four public member school representatives, one elected
  252  from among its public school representative members within each
  253  of the four administrative regions.
  254         2. Four nonpublic member school representatives, one
  255  elected from among its nonpublic school representative members
  256  within each of the four administrative regions.
  257         3. Three representatives appointed by the commissioner, one
  258  appointed from the two northernmost administrative regions and
  259  one appointed from the two southernmost administrative regions.
  260  The third representative shall be appointed to balance the board
  261  for diversity or state population trends, or both.
  262         4. Two district school superintendents, one elected from
  263  the two northernmost administrative regions by the members in
  264  those regions and one elected from the two southernmost
  265  administrative regions by the members in those regions.
  266         5. Two district school board members, one elected from the
  267  two northernmost administrative regions by the members in those
  268  regions and one elected from the two southernmost administrative
  269  regions by the members in those regions.
  270         6. The commissioner or his or her designee from the
  271  department executive staff.
  272         (b) A quorum of the board of directors shall consist of
  273  nine members.
  274         (c) The board of directors shall elect a president and a
  275  vice president from among its members. These officers shall also
  276  serve as officers of the organization.
  277         (d) Members of the board of directors shall serve terms of
  278  3 years and are eligible to succeed themselves only once. A
  279  member of the board of directors, other than the commissioner or
  280  his or her designee, may serve a maximum of 6 consecutive years.
  281  The organization’s bylaws shall establish a rotation of terms to
  282  ensure that a majority of the members’ terms do not expire
  283  concurrently.
  284         (e) The authority and duties of the board of directors,
  285  acting as a body and in accordance with the organization’s
  286  bylaws, are as follows:
  287         1. To act as the incorporated organization’s board of
  288  directors and to fulfill its obligations as required by the
  289  organization’s charter and articles of incorporation.
  290         2. To establish such guidelines, regulations, policies, and
  291  procedures as are authorized by the bylaws.
  292         3. To provide an organization commissioner, who shall have
  293  the authority to waive the bylaws of the organization in order
  294  to comply with statutory changes.
  295         4. To levy annual dues and other fees and to set the
  296  percentage of contest receipts to be collected by the
  297  organization.
  298         5. To approve the budget of the organization.
  299         6. To organize and conduct statewide interscholastic
  300  competitions, which may or may not lead to state championships,
  301  and to establish the terms and conditions for these
  302  competitions. The Florida High School Athletic Association may
  303  not deny or discourage interscholastic competition between its
  304  members and members of the Sunshine Independent Athletic
  305  Association, nor may it take any retributory or discriminatory
  306  action against any of its members who engage in interscholastic
  307  competition with members of the Sunshine Independent Athletic
  308  Association. The two associations shall conduct annual state
  309  interscholastic championship competitions for each sport and
  310  competition level offered at their member schools.
  311         7. To act as an administrative board in the interpretation
  312  of, and final decision on, all questions and appeals arising
  313  from the directing of interscholastic athletics of member
  314  schools.
  315         (5) REPRESENTATIVE ASSEMBLY; FLORIDA HIGH SCHOOL ATHLETIC
  316  ASSOCIATION.—
  317         (a) The legislative authority of the organization is vested
  318  in its representative assembly.
  319         (b) The representative assembly shall be composed of the
  320  following:
  321         1. An equal number of member school representatives from
  322  each of the four administrative regions.
  323         2. Four district school superintendents, one elected from
  324  each of the four administrative regions by the district school
  325  superintendents in their respective administrative regions.
  326         3. Four district school board members, one elected from
  327  each of the four administrative regions by the district school
  328  board members in their respective administrative regions.
  329         4. The commissioner or his or her designee from the
  330  department executive staff.
  331         (c) The organization’s bylaws shall establish the number of
  332  member school representatives to serve in the representative
  333  assembly from each of the four administrative regions and shall
  334  establish the method for their selection.
  335         (d) No member of the board of directors other than the
  336  commissioner or his or her designee can serve in the
  337  representative assembly.
  338         (e) The representative assembly shall elect a chairperson
  339  and a vice chairperson from among its members.
  340         (f) Elected members of the representative assembly shall
  341  serve terms of 2 years and are eligible to succeed themselves
  342  for two additional terms. An elected member, other than the
  343  commissioner or his or her designee, may serve a maximum of 6
  344  consecutive years in the representative assembly.
  345         (g) A quorum of the representative assembly consists of one
  346  more than half of its members.
  347         (h) The authority of the representative assembly is limited
  348  to its sole duty, which is to consider, adopt, or reject any
  349  proposed amendments to the organization’s bylaws.
  350         (i) The representative assembly shall meet as a body
  351  annually. A two-thirds majority of the votes cast by members
  352  present is required for passage of any proposal.
  353         (6) PUBLIC LIAISON ADVISORY COMMITTEE; FLORIDA HIGH SCHOOL
  354  ATHLETIC ASSOCIATION.—
  355         (a) The organization shall establish, sustain, fund, and
  356  provide staff support to a public liaison advisory committee
  357  composed of the following:
  358         1. The commissioner or his or her designee.
  359         2. A member public school principal.
  360         3. A member private school principal.
  361         4. A member school principal who is a member of a racial
  362  minority.
  363         5. An active athletic director.
  364         6. An active coach, who is employed full time by a member
  365  school.
  366         7. A student athlete.
  367         8. A district school superintendent.
  368         9. A district school board member.
  369         10. A member of the Florida House of Representatives.
  370         11. A member of the Florida Senate.
  371         12. A parent of a high school student.
  372         13. A member of a home education association.
  373         14. A representative of the business community.
  374         15. A representative of the news media.
  375         (b) No member of the board of directors, committee on
  376  appeals, or representative assembly is eligible to serve on the
  377  public liaison advisory committee.
  378         (c) The public liaison advisory committee shall elect a
  379  chairperson and vice chairperson from among its members.
  380         (d) The authority and duties of the public liaison advisory
  381  committee are as follows:
  382         1. To act as a conduit through which the general public may
  383  have input into the decisionmaking process of the organization
  384  and to assist the organization in the development of procedures
  385  regarding the receipt of public input and disposition of
  386  complaints related to high school athletic and competition
  387  programs.
  388         2. To conduct public hearings annually in each of the four
  389  administrative regions during which interested parties may
  390  address issues regarding the effectiveness of the rules,
  391  operation, and management of the organization.
  392         3. To conduct an annual evaluation of the organization as a
  393  whole and present a report of its findings, conclusion, and
  394  recommendations to the board of directors, to the commissioner,
  395  and to the respective education committees of the Florida Senate
  396  and the Florida House of Representatives. The recommendations
  397  must delineate policies and procedures that will improve the
  398  implementation and oversight of high school athletic programs by
  399  the organization.
  400         (e) The public liaison advisory committee shall meet four
  401  times annually. Additional meetings may be called by the
  402  committee chairperson, the organization president, or the
  403  organization commissioner.
  404         (7) APPEALS.—
  405         (a) Each The organization shall establish a procedure of
  406  due process which ensures each student the opportunity to appeal
  407  an unfavorable ruling with regard to his or her eligibility to
  408  compete. The initial appeal shall be made to a committee on
  409  appeals within the administrative region in which the student
  410  lives. Each The organization’s bylaws shall establish the
  411  number, size, and composition of the committee on appeals.
  412         (b) No member of the board of directors is eligible to
  413  serve on the committee on appeals.
  414         (c) Members of the committee on appeals shall serve terms
  415  of 3 years and are eligible to succeed themselves only once. A
  416  member of the committee on appeals may serve a maximum of 6
  417  consecutive years. Each The organization’s bylaws shall
  418  establish a rotation of terms to ensure that a majority of the
  419  members’ terms do not expire concurrently.
  420         (d) The authority and duties of the committee on appeals
  421  shall be to consider requests by member schools seeking
  422  exceptions to bylaws and regulations, to hear undue hardship
  423  eligibility cases filed by member schools on behalf of student
  424  athletes, and to hear appeals filed by member schools.
  425         (e) A student athlete or member school that receives an
  426  unfavorable ruling from a committee on appeals shall be entitled
  427  to appeal that decision to the board of directors at its next
  428  regularly scheduled meeting or called meeting. The board of
  429  directors shall have the authority to uphold, reverse, or amend
  430  the decision of the committee on appeals. In all such cases, the
  431  decision of the board of directors shall be final.
  432         (f) Hearings on appeals shall be held in the county where
  433  the appellant’s school is located.
  434         (g) The organizations shall expedite the appeals process so
  435  that disposition of the appeal can be made prior to the end of
  436  the applicable sports season, if possible.
  437         (h) Notwithstanding paragraph (a), the committee on appeals
  438  of the Sunshine Independent Athletic Association shall be
  439  composed of 10 persons as follows:
  440         1. Three members appointed by the Governor.
  441         2. Three members appointed by the President of the Senate.
  442         3.Three members appointed by the Speaker of the House of
  443  Representatives.
  444         4. The commissioner or his or her designee, who shall serve
  445  as a nonvoting member.
  446         (8) AMENDMENT OF BYLAWS.—Each member school representative,
  447  the board of directors acting as a whole or as members acting
  448  individually, any advisory committee acting as a whole to be
  449  established by the organization, and the organization’s
  450  commissioner are empowered to propose amendments to the bylaws.
  451  Any other individual may propose an amendment by securing the
  452  sponsorship of any of the aforementioned individuals or bodies.
  453  All proposed amendments must be submitted directly to the
  454  representative assembly for its consideration. The
  455  representative assembly, while empowered to adopt, reject, or
  456  revise proposed amendments, may not, in and of itself, as a body
  457  be allowed to propose any amendment for its own consideration.
  458         (9) RULES ADOPTION.—The bylaws of each the organization
  459  shall require member schools to adopt rules for sports, which
  460  have been established by a nationally recognized sanctioning
  461  body, unless waived by at least a two-thirds vote of the board
  462  of directors.
  463         (10)BOARD OF DIRECTORS; SUNSHINE INDEPENDENT ATHLETIC
  464  ASSOCIATION.—
  465         (a) The executive authority of the organization shall be
  466  vested in its board of directors. Any entity that appoints
  467  members to the board of directors shall examine the ethnic and
  468  demographic composition of the board when selecting candidates
  469  for appointment and shall, to the extent possible, make
  470  appointments that reflect state domestic and population trends.
  471  The board of directors shall be composed of 16 persons, as
  472  follows:
  473         1. Four representatives, not affiliated with any school,
  474  school system, or school board, one elected from among its
  475  public school representative members within each of the four
  476  administrative regions for public schools.
  477         2. Four nonpublic member school representatives, one
  478  elected from among its nonpublic school representative members
  479  within each of the four administrative regions for public
  480  schools.
  481         3. Three representatives appointed by the commissioner, one
  482  appointed from the two northernmost administrative regions and
  483  one appointed from the two southernmost administrative regions.
  484  If necessary and to the extent possible, the third
  485  representative shall be appointed to balance the board for
  486  diversity or state population trends, or both, and may be
  487  appointed from any of the four administrative regions for public
  488  schools.
  489         4. Two school headmasters, one elected from the two
  490  northernmost administrative regions by the nonpublic school
  491  members in those regions and one elected from the two
  492  southernmost administrative regions by the nonpublic school
  493  members in those regions.
  494         5. Two nonpublic school governing board members, one
  495  elected from the two northernmost administrative regions by the
  496  nonpublic school members in those regions and one elected from
  497  the two southernmost administrative regions by the nonpublic
  498  school members in those regions.
  499         6. The commissioner, or his or her designee from the
  500  department executive staff.
  501         (b) A quorum of the board of directors shall consist of
  502  nine members.
  503         (c) The board of directors shall elect a president and a
  504  vice president from among its members. These officers shall also
  505  serve as officers of the organization.
  506         (d) Eight members of the board of directors shall serve
  507  terms of 3 years and are eligible to succeed themselves for two
  508  additional consecutive terms. Eight members shall serve terms of
  509  4 years and, except for the commissioner, who may serve an
  510  unlimited number of consecutive terms, are eligible to succeed
  511  themselves for only one additional consecutive term. The
  512  organization’s bylaws shall establish a rotation of terms to
  513  ensure that a majority of the members’ terms do not expire
  514  concurrently.
  515         (e) The authority and duties of the board of directors,
  516  acting as a body and in accordance with the organization’s
  517  bylaws, are as follows:
  518         1. To act as the incorporated organization’s board of
  519  directors and to fulfill its obligations as required by the
  520  organization’s charter and articles of incorporation.
  521         2.To establish such guidelines, regulations, policies, and
  522  procedures as are authorized by the bylaws.
  523         3.To provide an organization commissioner, who shall have
  524  the authority to waive the bylaws of the organization in order
  525  to comply with statutory changes.
  526         4. To levy annual dues and other fees and to set the
  527  percentage of contest receipts to be collected by the
  528  organization.
  529         5. To approve the budget of the organization.
  530         6. To organize and conduct statewide interscholastic
  531  competitions.
  532         7. To act as an administrative board in the interpretation
  533  of, and final decision on, all questions and appeals arising
  534  from the directing of interscholastic athletics of member
  535  schools.
  536         (11) MEMBERSHIP.—Notwithstanding any provision of law to
  537  the contrary, any nonpublic high school in this state, including
  538  charter schools and virtual schools, may become a member of the
  539  Sunshine Independent Athletic Association and participate in the
  540  activities of that organization. However, membership in the
  541  association is not mandatory for any school.
  542         (12) FINES.—Any fines collected by either organization
  543  shall be deposited into the Educational Enhancement Trust Fund.
  544         Section 3. This act shall take effect July 1, 2012.