Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 1164
       
       
       
       
       
       
                                Barcode 261788                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/22/2013           .                                
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       The Committee on Education (Stargel) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (17) of section 1002.20, Florida
    6  Statutes, is reenacted and amended to read:
    7         1002.20 K-12 student and parent rights.—Parents of public
    8  school students must receive accurate and timely information
    9  regarding their child’s academic progress and must be informed
   10  of ways they can help their child to succeed in school. K-12
   11  students and their parents are afforded numerous statutory
   12  rights including, but not limited to, the following:
   13         (17) ATHLETICS; PUBLIC HIGH SCHOOL.—
   14         (a) Eligibility.—Eligibility requirements for all students
   15  participating in a high school athletic competition must allow a
   16  student to be eligible in the school in which he or she first
   17  enrolls each school year, the school in which the student makes
   18  himself or herself a candidate for an athletic team by engaging
   19  in practice before enrolling, or the school to which the student
   20  has transferred with approval of the district school board, in
   21  accordance with the provisions of s. 1006.20(2)(a).
   22         (b) Medical evaluation.—Students must satisfactorily pass a
   23  medical evaluation each year before participating in athletics,
   24  unless the parent objects in writing based on religious tenets
   25  or practices, in accordance with the provisions of s.
   26  1006.20(2)(d).
   27         Section 2. Paragraphs (a), (d), (e), (f), and (g) of
   28  subsection (3) and subsections (5) and (8) of section 1006.15,
   29  Florida Statutes, are amended, and new paragraphs (f) and (g)
   30  are added to subsection (3) of that section, to read:
   31         1006.15 Student standards for participation in
   32  interscholastic and intrascholastic extracurricular student
   33  activities; regulation.—
   34         (3)(a) Provided all eligibility requirements of this
   35  section and s. 1006.20 are met, a student attending any school
   36  identified in this section is presumed eligible to participate
   37  in interscholastic extracurricular student activities. For
   38  purposes of this section, the term “public school” includes the
   39  Florida Virtual School, a full-time virtual instruction program
   40  pursuant to s. 1002.45, a virtual charter school, and a charter
   41  school. A student remains eligible to participate in
   42  interscholastic extracurricular student activities if the
   43  student To be eligible to participate in interscholastic
   44  extracurricular student activities, a student must:
   45         1. Maintains Maintain a grade point average of 2.0 or above
   46  on a 4.0 scale, or its equivalent, in the previous semester or a
   47  cumulative grade point average of 2.0 or above on a 4.0 scale,
   48  or its equivalent, in the courses required by s. 1003.43(1).
   49         2. Executes Execute and fulfills fulfill the requirements
   50  of an academic performance contract between the student, the
   51  district school board, the appropriate governing association,
   52  and the student’s parents, if the student’s cumulative grade
   53  point average falls below 2.0, or its equivalent, on a 4.0 scale
   54  in the courses required by s. 1003.43(1) or, for students who
   55  entered the 9th grade prior to the 1997-1998 school year, if the
   56  student’s cumulative grade point average falls below 2.0 on a
   57  4.0 scale, or its equivalent, in the courses required by s.
   58  1003.43(1) which are taken after July 1, 1997. At a minimum, the
   59  contract must require that the student attend summer school, or
   60  its graded equivalent, between grades 9 and 10 or grades 10 and
   61  11, as necessary.
   62         3. Has Have a cumulative grade point average of 2.0 or
   63  above on a 4.0 scale, or its equivalent, in the courses required
   64  by s. 1003.43(1) during his or her junior or senior year.
   65         4. Maintains Maintain satisfactory conduct, including
   66  adherence to appropriate dress and other codes of student
   67  conduct policies described in s. 1006.07(2). If a student is
   68  convicted of, or is found to have committed, a felony or a
   69  delinquent act that would have been a felony if committed by an
   70  adult, regardless of whether adjudication is withheld, the
   71  student’s participation in interscholastic extracurricular
   72  activities is contingent upon established and published district
   73  school board policy.
   74         (d) An individual charter school student pursuant to s.
   75  1002.33 is eligible to participate at the public school to which
   76  the student would be assigned according to district school board
   77  attendance area policies or which the student could choose to
   78  attend, pursuant to district or interdistrict controlled open
   79  enrollment provisions, or a conversion charter school when the
   80  student resides within the conversion charter school’s
   81  attendance zone as provided in s. 1002.33(10)(c), in any
   82  interscholastic extracurricular activity of that school, unless
   83  such activity is provided by the student’s charter school, if
   84  the following conditions are met:
   85         1. The charter school student must meet the requirements of
   86  the charter school education program as determined by the
   87  charter school governing board.
   88         2. During the period of participation at a school, the
   89  charter school student must demonstrate educational progress as
   90  required in paragraph (b).
   91         3. The charter school student must meet the same residency
   92  requirements as other students in the school at which he or she
   93  participates.
   94         4. The charter school student must meet the same standards
   95  of acceptance, behavior, and performance that are required of
   96  other students in extracurricular activities.
   97         5. The charter school student must register with the school
   98  his or her intent to participate in interscholastic
   99  extracurricular activities as a representative of the school
  100  before the beginning date of the season for the activity in
  101  which he or she wishes to participate. A charter school student
  102  must be able to participate in curricular activities if that is
  103  a requirement for an extracurricular activity.
  104         6. A student who transfers from a charter school program to
  105  a traditional public school before or during the first grading
  106  period of the school year is academically eligible to
  107  participate in interscholastic extracurricular activities during
  108  the first grading period if the student has a successful
  109  evaluation from the previous school year, pursuant to
  110  subparagraph 2.
  111         7. Any public school or private school student who has been
  112  unable to maintain academic eligibility for participation in
  113  interscholastic extracurricular activities is ineligible to
  114  participate in such activities as a charter school student until
  115  the student has successfully completed one grading period in a
  116  charter school pursuant to subparagraph 2. to become eligible to
  117  participate as a charter school student.
  118         (e) A student of the Florida Virtual School full-time
  119  program is eligible to may participate in any interscholastic
  120  extracurricular activity at the public school to which the
  121  student would be assigned according to district school board
  122  attendance area policies or which the student could choose to
  123  attend, pursuant to district or interdistrict controlled open
  124  enrollment policies, if the following conditions are met
  125  student:
  126         1. During the period of participation in the
  127  interscholastic extracurricular activity, the Florida Virtual
  128  School student must meet meets the requirements in paragraph
  129  (a).
  130         2. The Florida Virtual School student must meet meets any
  131  additional requirements as determined by the board of trustees
  132  of the Florida Virtual School.
  133         3. The Florida Virtual School student must meet Meets the
  134  same residency requirements as other students in the school at
  135  which he or she participates.
  136         4. The Florida Virtual School student must meet Meets the
  137  same standards of acceptance, behavior, and performance that are
  138  required of other students in extracurricular activities.
  139         5. The Florida Virtual School student must register with
  140  the school Registers his or her intent to participate in
  141  interscholastic extracurricular activities with the school
  142  before the beginning date of the season for the activity in
  143  which he or she wishes to participate. A Florida Virtual School
  144  student must be able to participate in curricular activities if
  145  that is a requirement for an extracurricular activity.
  146         6.(f) A student who transfers from the Florida Virtual
  147  School full-time program to a traditional public school before
  148  or during the first grading period of the school year is
  149  academically eligible to participate in interscholastic
  150  extracurricular activities during the first grading period if
  151  the student has a successful evaluation from the previous school
  152  year pursuant to paragraph (a).
  153         7.(g) A public school or private school student who has
  154  been unable to maintain academic eligibility for participation
  155  in interscholastic extracurricular activities is ineligible to
  156  participate in such activities as a Florida Virtual School
  157  student until the student successfully completes one grading
  158  period in the Florida Virtual School pursuant to paragraph (a).
  159         (f) A student who attends a public school or a private
  160  school that does not offer a particular extracurricular activity
  161  may participate in such an activity on a space-available basis
  162  if it is offered at any public school that the student could
  163  choose to attend pursuant to district or interdistrict
  164  controlled open enrollment provisions, or may develop an
  165  agreement to participate in that extracurricular activity at a
  166  private school, limited to one additional extracurricular
  167  activity at a different school each academic year, if the
  168  student:
  169         1. Meets the requirements for eligibility to participate in
  170  interscholastic extracurricular activities, as provided under
  171  paragraph (a);
  172         2. Demonstrates educational progress at the school he or
  173  she attends as required in paragraph (b);
  174         3. Meets the same standards of acceptance, behavior, and
  175  performance that are required of other students in
  176  extracurricular activities;
  177         4. Pays any fees required of other students who participate
  178  in the extracurricular activity; and
  179         5. Registers with the school that offers the
  180  extracurricular activity his or her intent to participate in the
  181  interscholastic extracurricular activity at that school before
  182  the beginning date of the season for the activity in which he or
  183  she wishes to participate. A public school student must
  184  participate in a curricular activity if it is a requirement for
  185  an extracurricular activity. The student may choose to
  186  participate in the required curricular activity at the school he
  187  or she attends or at the school in which he or she participates
  188  in the extracurricular activity.
  189         (g) The parents of a student who participates in an
  190  extracurricular activity under paragraph (f) are responsible for
  191  transporting their child to and from the school at which the
  192  student participates. The public school the student attends, the
  193  school at which the student participates in the extracurricular
  194  activity, the district school board, and the Florida High School
  195  Athletic Association (FHSAA) are exempt from civil liability
  196  arising from any injury that occurs to the student during such
  197  transportation.
  198         (5) An Any organization or entity that regulates or governs
  199  interscholastic extracurricular activities of public schools:
  200         (a) Shall permit home education associations to join as
  201  member schools.
  202         (b) May Shall not discriminate against any eligible student
  203  based on an educational choice of public, private, or home
  204  education.
  205         (8)(a) The FHSAA Florida High School Athletic Association
  206  (FHSAA), in cooperation with each district school board, shall
  207  facilitate a program in which a middle school or high school
  208  student who attends a private school shall be eligible to
  209  participate in an interscholastic or intrascholastic sport at a
  210  public high school, a public middle school, or a 6-12 public
  211  school that is zoned for the physical address at which the
  212  student resides if:
  213         1. The private school in which the student is enrolled is
  214  not a member of the FHSAA and does not offer an interscholastic
  215  or intrascholastic athletic program.
  216         2. The private school student meets the guidelines for the
  217  conduct of the program established by the FHSAA’s board of
  218  directors and the district school board. At a minimum, such
  219  guidelines shall provide:
  220         a. A deadline for each sport by which the private school
  221  student’s parents must register with the public school in
  222  writing their intent for their child to participate at that
  223  school in the sport.
  224         b. Requirements for a private school student to
  225  participate, including, but not limited to, meeting the same
  226  standards of eligibility, acceptance, behavior, educational
  227  progress, and performance which apply to other students
  228  participating in interscholastic or intrascholastic sports at a
  229  public school or FHSAA member private school.
  230         (b) The parents of a private school student participating
  231  in a public school sport under this subsection are responsible
  232  for transporting their child to and from the public school at
  233  which the student participates. The private school the student
  234  attends, the public school at which the student participates in
  235  a sport, the district school board, and the FHSAA are exempt
  236  from civil liability arising from any injury that occurs to the
  237  student during such transportation.
  238         (c) For each academic year, a private school student may
  239  only participate at the public school in which the student is
  240  first registered under sub-subparagraph (a)2.a. or makes himself
  241  or herself a candidate for an athletic team by engaging in a
  242  practice.
  243         (d) The athletic director of each participating FHSAA
  244  member public school shall maintain the student records
  245  necessary for eligibility, compliance, and participation in the
  246  program.
  247         (e) Any non-FHSAA member private school that has a student
  248  who wishes to participate in this program must make all student
  249  records, including, but not limited to, academic, financial,
  250  disciplinary, and attendance records, available upon request of
  251  the FHSAA.
  252         (f) A student must apply to participate in this program
  253  through the FHSAA program application process.
  254         (g) Only students who are enrolled in non-FHSAA member
  255  private schools consisting of 125 students or fewer in the
  256  middle school grades or 125 students or fewer in the high school
  257  grades are eligible to participate in the program in any given
  258  academic year.
  259         Section 3. Subsections (1) of section 1006.19, Florida
  260  Statutes, is amended, and a new subsection (3) is added to that
  261  section to read:
  262         1006.19 Audit of records of nonprofit corporations and
  263  associations handling interscholastic activities; annual
  264  report.—
  265         (1) Each nonprofit association or corporation that operates
  266  for the purpose of supervising and controlling interscholastic
  267  activities of public high schools and whose membership is
  268  composed of duly certified representatives of public high
  269  schools, and whose rules and regulations are established by
  270  members thereof, shall have an annual financial and compliance
  271  audit of its accounts and records by an independent certified
  272  public accountant retained by it and paid from its funds, in
  273  accordance with rules adopted by the Auditor General. The audit
  274  must be conducted in compliance with generally accepted auditing
  275  standards and include a report on financial statements presented
  276  in accordance with generally accepted accounting principles set
  277  forth by the American Institute of Certified Public Accountants
  278  for not-for-profit organizations and a determination of
  279  compliance with the statutory eligibility and expenditure
  280  requirements of s. 1006.20. Audits shall be submitted to the
  281  Auditor General, the Speaker of the House of Representatives,
  282  and the Senate President within 180 days after the end of each
  283  fiscal year. The accountant shall furnish a copy of the audit
  284  report to the Auditor General.
  285         (3) Any such nonprofit association or corporation shall
  286  provide a report of the number of appeals and other cases
  287  involving the FHSAA and the disposition of those matters. The
  288  report must include how many cases were filed, either with the
  289  FHSAA or another tribunal, the number of cases that the initial
  290  decision of the FHSAA or its member were affirmed, reversed, or
  291  otherwise resolved, and a summary of the nature of the issue in
  292  dispute. By October 1 of each year, the report must be submitted
  293  to the Commissioner of Education, the President of the Senate,
  294  and the Speaker of the House of Representatives.
  295         Section 4. Subsections (1) through (5) of section 1006.20,
  296  Florida Statutes, are amended, and paragraph (f) is added to
  297  subsection (6) of that section to read:
  298         1006.20 Athletics in public K-12 schools.—
  299         (1) GOVERNING NONPROFIT ORGANIZATION.—The Florida High
  300  School Athletic Association (FHSAA) is designated as the
  301  governing nonprofit organization of athletics in Florida public
  302  schools. This designation expires July 1, 2017. If the FHSAA
  303  fails to meet the provisions of this section or the Legislature
  304  does not timely designate a successor, the commissioner shall
  305  designate a nonprofit organization to govern athletics with the
  306  approval of the State Board of Education for successive terms
  307  not to exceed 4 years each or until the Legislature designates a
  308  successor. The FHSAA is not a state agency as defined in s.
  309  120.52. The Legislature determines it is in the public interest
  310  and reflects the state’s public policy that FHSAA operate in the
  311  most open and accessible manner consistent with its public
  312  purposes. To this end, the Legislature specifically declares
  313  that FHSAA and its divisions, boards, and advisory councils, or
  314  similar entities created or managed by FHSAA are subject to the
  315  provisions of chapter 119 relating to public records and those
  316  provisions of chapter 286 relating to public meetings. The FHSAA
  317  shall be subject to the provisions of s. 1006.19. A private
  318  school that wishes to engage in high school athletic competition
  319  with a public high school may become a member of the FHSAA. Any
  320  high school in the state, including charter schools, virtual
  321  schools, and home education cooperatives, may become a member of
  322  the FHSAA and participate in the activities of the FHSAA.
  323  However, membership in the FHSAA is not mandatory for any
  324  school. The FHSAA may not deny or discourage interscholastic
  325  competition between its member schools and non-FHSAA member
  326  Florida schools, including members of another athletic governing
  327  organization, and may not take any retributory or discriminatory
  328  action against any of its member schools that participate in
  329  interscholastic competition with non-FHSAA member Florida
  330  schools. The FHSAA may not unreasonably withhold its approval of
  331  an application to become an affiliate member of the National
  332  Federation of State High School Associations submitted by any
  333  other organization that governs interscholastic athletic
  334  competition in this state. The bylaws of the FHSAA are the rules
  335  by which high school athletic programs in its member schools,
  336  and the students who participate in them, are governed, unless
  337  otherwise specifically provided by statute. For the purposes of
  338  this section, “high school” includes grades 6 through 12.
  339         (2) ADOPTION OF BYLAWS, POLICIES, OR GUIDELINES.—
  340         (a) The FHSAA shall adopt bylaws that, unless otherwise
  341  provided by statute, presume the eligibility of students and
  342  specify limited violations that result in ineligibility for
  343  students who participate in high school athletic competition in
  344  its member schools. The bylaws must ensure that:
  345         1. A student remains eligible in the school in which he or
  346  she first enrolls each school year or the school in which the
  347  student makes himself or herself a candidate for an athletic
  348  team by engaging in a practice before enrolling in the school.
  349         2. A student remains eligible in the school to which the
  350  student has transferred during the school year if the transfer
  351  is made by a deadline established by the FHSAA, which may not be
  352  before the date authorized for the beginning of practice for the
  353  sport.
  354         3. Once a student residence or transfer is approved by the
  355  district school board or private school, as applicable, the
  356  student remains eligible in the school if he or she remains
  357  enrolled in the school and complies with applicable
  358  requirements.
  359         4. An otherwise eligible student athlete is not unfairly
  360  punished for rule, eligibility, or recruiting violations
  361  committed by a teammate, coach, administrator, school, or adult
  362  representative. Competition of otherwise eligible student
  363  athletes is not prospectively limited for rule, eligibility, or
  364  recruiting violations of a teammate, coach, administrator,
  365  school, or adult representative.
  366         5. A student is ineligible if the student or parent
  367  intentionally and knowingly falsifies an enrollment or
  368  eligibility document or intentionally and knowingly accepts a
  369  significant benefit or a promise of significant benefit that is
  370  not reasonably available to the school’s students or family
  371  members and that is provided based primarily on the student’s
  372  athletic interest, potential, or performance.
  373         6. A student may not be ineligible based upon recruitment
  374  or otherwise only because the student:
  375         a. Participated on a non-school team or non-school teams
  376  affiliated with the school in which the student ultimately
  377  enrolls; or
  378         b. Participated in activities sponsored by a member school
  379  if, after participating, the student registers for, enrolls in
  380  or applies to attend the sponsoring school.
  381         7. Ineligibility requirements shall be applied to public
  382  school students on an equal basis with private school students.
  383         8. Ineligibility requirements shall be applied to transfer
  384  students on an equal basis with nontransfer students.
  385         9. Prescribed violations must be substantially related to
  386  specific, important objectives and must be limited to address
  387  only the minimal requirements necessary to accomplish the
  388  objectives.
  389  
  390  The FHSAA shall complete a comprehensive review and analysis of
  391  all existing bylaws, policies, and administrative procedures to
  392  determine compliance with this paragraph by October 1, 2013. The
  393  FHSAA shall provide a detailed report originating from its
  394  review and analysis, which must include, but need not be limited
  395  to, specifically articulating how each violation or requirement
  396  in the bylaws, policies, and administrative procedures is
  397  substantially related to an identified, important objective and
  398  any necessary corrective action. The FHSAA shall provide a copy
  399  of the report to the Commissioner of Education, the Governor,
  400  the President of the Senate, and the Speaker of the House of
  401  Representatives by October 15, 2013. Bylaws, policies, or
  402  administrative procedures that are noncompliant with this
  403  paragraph are void as of January 1, 2014 The FHSAA shall adopt
  404  bylaws that, unless specifically provided by statute, establish
  405  eligibility requirements for all students who participate in
  406  high school athletic competition in its member schools. The
  407  bylaws governing residence and transfer shall allow the student
  408  to be eligible in the school in which he or she first enrolls
  409  each school year or the school in which the student makes
  410  himself or herself a candidate for an athletic team by engaging
  411  in a practice prior to enrolling in the school. The bylaws shall
  412  also allow the student to be eligible in the school to which the
  413  student has transferred during the school year if the transfer
  414  is made by a deadline established by the FHSAA, which may not be
  415  prior to the date authorized for the beginning of practice for
  416  the sport. These transfers shall be allowed pursuant to the
  417  district school board policies in the case of transfer to a
  418  public school or pursuant to the private school policies in the
  419  case of transfer to a private school. The student shall be
  420  eligible in that school so long as he or she remains enrolled in
  421  that school. Subsequent eligibility shall be determined and
  422  enforced through the FHSAA’s bylaws. Requirements governing
  423  eligibility and transfer between member schools shall be applied
  424  similarly to public school students and private school students.
  425         (b) The FHSAA shall adopt bylaws that specifically prohibit
  426  the recruiting of students for athletic purposes. The bylaws
  427  must shall prescribe penalties and an appeals process for
  428  athletic recruiting violations. If it is determined that a
  429  school has recruited a student in violation of FHSAA bylaws, the
  430  FHSAA may require the school to participate in a higher
  431  classification for the sport in which the recruited student
  432  competes for a minimum of one classification cycle, in addition
  433  to any other appropriate fine and sanction imposed on the
  434  school, its coaches, or adult representatives who violate
  435  recruiting rules. A student may not be declared ineligible based
  436  on violation of recruiting rules unless the student or parent
  437  has falsified any enrollment or eligibility document or accepted
  438  any benefit or any promise of benefit if such benefit is not
  439  generally available to the school’s students or family members
  440  or is based in any way on athletic interest, potential, or
  441  performance.
  442         (c) The FHSAA shall adopt bylaws that require all students
  443  participating in interscholastic athletic competition or who are
  444  candidates for an interscholastic athletic team to
  445  satisfactorily pass a medical evaluation each year before prior
  446  to participating in interscholastic athletic competition or
  447  engaging in any practice, tryout, workout, or other physical
  448  activity associated with the student’s candidacy for an
  449  interscholastic athletic team. Such medical evaluation may be
  450  administered only by a practitioner licensed under chapter 458,
  451  chapter 459, chapter 460, or s. 464.012, and in good standing
  452  with the practitioner’s regulatory board. The bylaws must shall
  453  establish requirements for eliciting a student’s medical history
  454  and performing the medical evaluation required under this
  455  paragraph, which must shall include a physical assessment of the
  456  student’s physical capabilities to participate in
  457  interscholastic athletic competition as contained in a uniform
  458  preparticipation physical evaluation and history form. The
  459  evaluation form must shall incorporate the recommendations of
  460  the American Heart Association for participation cardiovascular
  461  screening and must shall provide a place for the signature of
  462  the practitioner performing the evaluation with an attestation
  463  that each examination procedure listed on the form was performed
  464  by the practitioner or by someone under the direct supervision
  465  of the practitioner. The form must shall also contain a place
  466  for the practitioner to indicate if a referral to another
  467  practitioner was made in lieu of completion of a certain
  468  examination procedure. The form must shall provide a place for
  469  the practitioner to whom the student was referred to complete
  470  the remaining sections and attest to that portion of the
  471  examination. The preparticipation physical evaluation form must
  472  shall advise students to complete a cardiovascular assessment
  473  and must shall include information concerning alternative
  474  cardiovascular evaluation and diagnostic tests. Results of such
  475  medical evaluation must be provided to the school. No student
  476  shall be eligible to participate in any interscholastic athletic
  477  competition or engage in any practice, tryout, workout, or other
  478  physical activity associated with the student’s candidacy for an
  479  interscholastic athletic team until the results of the medical
  480  evaluation have been received and approved by the school.
  481         (d) Notwithstanding the provisions of paragraph (c), a
  482  student may participate in interscholastic athletic competition
  483  or be a candidate for an interscholastic athletic team if the
  484  parent of the student objects in writing to the student
  485  undergoing a medical evaluation because such evaluation is
  486  contrary to his or her religious tenets or practices. However,
  487  in such case, there shall be no liability on the part of any
  488  person or entity in a position to otherwise rely on the results
  489  of such medical evaluation for any damages resulting from the
  490  student’s injury or death arising directly from the student’s
  491  participation in interscholastic athletics where an undisclosed
  492  medical condition that would have been revealed in the medical
  493  evaluation is a proximate cause of the injury or death.
  494         (e) The FHSAA shall adopt bylaws that regulate persons who
  495  conduct investigations on behalf of the FHSAA. A formal
  496  investigation must be completed within 90 days after the onset
  497  of the investigation, and the FHSAA may not contract or in any
  498  way pay for more than 520 hours of work for any investigation.
  499  The bylaws must shall include provisions that require an
  500  investigator to:
  501         1. Undergo level 2 background screening under s. 435.04,
  502  establishing that the investigator has not committed any
  503  disqualifying offense listed in s. 435.04, unless the
  504  investigator can provide proof of compliance with level 2
  505  screening standards submitted within the previous 5 years to
  506  meet any professional licensure requirements, provided:
  507         a. The investigator has not had a break in service from a
  508  position that requires level 2 screening for more than 90 days;
  509  and
  510         b. The investigator submits, under penalty of perjury, an
  511  affidavit verifying that the investigator has not committed any
  512  disqualifying offense listed in s. 435.04 and is in full
  513  compliance with this paragraph.
  514         2. Be appointed as an investigator by the executive
  515  director.
  516         3. Carry a photo identification card that shows the FHSAA
  517  name, logo, and the investigator’s official title.
  518         4. Notwithstanding s. 493.6102, maintain a valid class “C”
  519  license as established in chapter 493.
  520         5.4. Adhere to the following guidelines:
  521         a. Investigate only those alleged violations assigned by
  522  the executive director or the board of directors.
  523         b. Conduct interviews on Monday through Friday between the
  524  hours of 9 a.m. and 7 p.m. only, unless previously agreed to by
  525  the interviewee.
  526         c.Notify at least 24 hours before the interview at least
  527  one custodial parent of a student being interviewed of the right
  528  to be present during the interview upon the good-faith request
  529  of the parent for a reasonable period of time if necessary for
  530  the parent to attend the interview.
  531         d.c. Allow both parents the parent of any student being
  532  interviewed to be present during the interview.
  533         d. Search residences or other private areas only with the
  534  permission of the executive director and the written consent of
  535  the student’s parent and only with a parent or a representative
  536  of the parent present.
  537         6. Provide notice to the affected student, parent, coach,
  538  and school within 2 business days after the assignment of a
  539  formal investigation into ineligibility or other violation of
  540  law or rule. If the executive director certifies in writing that
  541  a compelling need to withhold notice exists, identifying with
  542  specificity why notice must not be provided, the notice is not
  543  required until the investigator concludes the investigation. The
  544  executive director shall provide a copy of the certification to
  545  the Commissioner of Education within 1 business day after
  546  signing the certification.
  547         7. Provide the affected student, parent, coach, and school
  548  within 5 business days after completion of the formal
  549  investigation a copy of the investigation report and any
  550  recommendation made by the investigator, executive director, or
  551  board of directors.
  552         (f) The FHSAA shall adopt bylaws that establish sanctions
  553  for coaches who have committed major violations of the FHSAA’s
  554  bylaws and policies.
  555         1. Major violations include, but are not limited to,
  556  knowingly allowing an ineligible student to participate in a
  557  contest representing a member school in an interscholastic
  558  contest, or committing a violation of the FHSAA’s recruiting or
  559  sportsmanship policies, or colluding with a coach to prevent a
  560  member or non-member school from scheduling competitions among
  561  themselves.
  562         2. Sanctions placed upon an individual coach may include,
  563  but are not limited to, prohibiting or suspending the coach from
  564  coaching, participating in, or attending any athletic activity
  565  sponsored, recognized, or sanctioned by the FHSAA and the member
  566  school for which the coach committed the violation. If a coach
  567  is sanctioned by the FHSAA and the coach transfers to another
  568  member school, those sanctions remain in full force and effect
  569  during the term of the sanction.
  570         3. If a member school is assessed a financial penalty as a
  571  result of a coach committing a major violation, the coach shall
  572  reimburse the member school before being allowed to coach,
  573  participate in, or attend any athletic activity sponsored,
  574  recognized, or sanctioned by the FHSAA and a member school.
  575         4. The FHSAA shall establish a due process procedure for
  576  coaches sanctioned under this paragraph, consistent with the
  577  appeals procedures set forth in subsection (7).
  578         (g) The FHSAA shall adopt bylaws establishing the process
  579  and standards by which FHSAA investigations into ineligibility
  580  are initiated and determinations of sanctions or eligibility
  581  determinations against a student, coach, or school eligibility
  582  are made. Such bylaws must shall provide that:
  583         1. Ineligibility must be established by clear and
  584  convincing evidence;
  585         2. Initial investigations into allegations of ineligibility
  586  may be initiated by the FHSAA only if supported by credible
  587  information from an identified source or from an anonymous
  588  source with credible corroboration and which, if proven true,
  589  would reasonably rebut the presumption of ineligibility. An
  590  informal investigation is limited to determining whether there
  591  is a sufficient evidentiary basis to initiate a formal
  592  investigation and to produce the sworn testimony or affidavit
  593  necessary to do so as hereinafter provided. Formal
  594  investigations into ineligibility may not be initiated unless
  595  supported by sworn testimony or affidavits which, if proven
  596  true, would reasonably demonstrate ineligibility by clear and
  597  convincing evidence. The investigator and individual making the
  598  determination shall receive and consider, from students,
  599  parents, coaches, and schools, all evidence of a type commonly
  600  relied upon by reasonably prudent persons in the conduct of
  601  their affairs. Such evidence shall be admissible in the
  602  proceeding, whether or not such evidence would be admissible in
  603  a trial court in this state. An investigator or other agent of
  604  the FHSAA may not conduct searches of residences or other
  605  private areas during the course of an investigation. Student
  606  athletes, parents, and schools must have notice of the
  607  initiation of any investigation or other inquiry into
  608  eligibility and may present, to the investigator and to the
  609  individual making the eligibility determination, any information
  610  or evidence that is credible, persuasive, and of a kind
  611  reasonably prudent persons rely upon in the conduct of serious
  612  affairs;
  613         3. An investigator may not determine matters of eligibility
  614  but must submit information and evidence to the executive
  615  director or a person designated by the executive director or by
  616  the board of directors for an unbiased and objective
  617  determination of eligibility; and
  618         4. A determination of ineligibility must be made in
  619  writing, setting forth the findings of fact and specific
  620  violation upon which the decision is based.
  621         (h) In lieu of bylaws adopted under paragraph (g), the
  622  FHSAA may adopt bylaws providing as a minimum the procedural
  623  safeguards of ss. 120.569 and 120.57, making appropriate
  624  provision for appointment of unbiased and qualified hearing
  625  officers.
  626         (i) Any student, coach, or school found to be ineligible
  627  has the option to challenge the ineligibility determination
  628  through the FHSAA appeal process or pursuant to ss. 120.569 and
  629  120.57. The FHSAA shall notify in writing the student, coach, or
  630  school of this option upon making the ineligibility
  631  determination. Such an administrative hearing shall be
  632  expedited. The Division of Administrative Hearings may assess a
  633  fee, payable by the nonprevailing party, sufficient to cover the
  634  cost of the administration of such proceedings The FHSAA bylaws
  635  may not limit the competition of student athletes prospectively
  636  for rule violations of their school or its coaches or their
  637  adult representatives. The FHSAA bylaws may not unfairly punish
  638  student athletes for eligibility or recruiting violations
  639  perpetrated by a teammate, coach, or administrator. Contests may
  640  not be forfeited for inadvertent eligibility violations unless
  641  the coach or a school administrator should have known of the
  642  violation. Contests may not be forfeited for other eligibility
  643  violations or recruiting violations in excess of the number of
  644  contests that the coaches and adult representatives responsible
  645  for the violations are prospectively suspended.
  646         (j) The FHSAA organization shall adopt guidelines to
  647  educate athletic coaches, officials, administrators, and student
  648  athletes and their parents of the nature and risk of concussion
  649  and head injury.
  650         (k) The FHSAA organization shall adopt bylaws or policies
  651  that require the parent of a student who is participating in
  652  interscholastic athletic competition or who is a candidate for
  653  an interscholastic athletic team to sign and return an informed
  654  consent that explains the nature and risk of concussion and head
  655  injury, including the risk of continuing to play after
  656  concussion or head injury, each year before participating in
  657  interscholastic athletic competition or engaging in any
  658  practice, tryout, workout, or other physical activity associated
  659  with the student’s candidacy for an interscholastic athletic
  660  team.
  661         (l) The FHSAA organization shall adopt bylaws or policies
  662  that require each student athlete who is suspected of sustaining
  663  a concussion or head injury in a practice or competition to be
  664  immediately removed from the activity. A student athlete who has
  665  been removed from an activity may not return to practice or
  666  competition until the student submits to the school a written
  667  medical clearance to return stating that the student athlete no
  668  longer exhibits signs, symptoms, or behaviors consistent with a
  669  concussion or other head injury. Medical clearance must be
  670  authorized by the appropriate health care practitioner trained
  671  in the diagnosis, evaluation, and management of concussions as
  672  defined by the Sports Medicine Advisory Committee of the Florida
  673  High School Athletic Association.
  674         (m) The FHSAA organization shall adopt bylaws for the
  675  establishment and duties of a sports medicine advisory committee
  676  composed of the following members:
  677         1. Eight physicians licensed under chapter 458 or chapter
  678  459 with at least one member licensed under chapter 459.
  679         2. One chiropractor licensed under chapter 460.
  680         3. One podiatrist licensed under chapter 461.
  681         4. One dentist licensed under chapter 466.
  682         5. Three athletic trainers licensed under part XIII of
  683  chapter 468.
  684         6. One member who is a current or retired head coach of a
  685  high school in the state.
  686         (n) Student school attendance and transfer approvals shall
  687  be determined by the district school board in the case of a
  688  public school student and by the private school in the case of a
  689  private school student. If the district school board or private
  690  school approves the student school attendance or transfer, the
  691  student remains eligible to participate in high school athletic
  692  competition under the FHSAA jurisdiction.
  693         (o)1. The FHSAA may challenge the student’s eligibility to
  694  participate in a high school athletic competition pursuant to
  695  paragraph (n) by filing a petition for a hearing with the
  696  Division of Administrative Hearings pursuant to s. 120.569, with
  697  a copy of the petition contemporaneously provided to the
  698  student, parent, coach, and school. The student remains eligible
  699  unless a final order finding the student’s ineligibility is
  700  rendered. The Division of Administrative Hearings may assess a
  701  fee, payable by the FHSAA, sufficient to cover the cost of the
  702  administration of such proceedings.
  703         2. The burden is on the FHSAA to demonstrate by clear and
  704  convincing evidence that the student is ineligible. The
  705  administrative law judge shall issue a final order pursuant to
  706  s. 120.68. If the administrative law judge finds that the
  707  student remains eligible, the final order shall award all
  708  reasonable costs and attorney fees to be paid to all respondents
  709  by the FHSAA. The FHSAA may not seek to recoup these costs and
  710  expenses from any other person, entity, or party.
  711         (3) GOVERNING STRUCTURE OF THE ORGANIZATION.—
  712         (a) The FHSAA shall operate as a representative democracy
  713  in which the sovereign authority is within its member schools.
  714  Except as provided in this section, the FHSAA shall govern its
  715  affairs through its bylaws.
  716         (b) Each member school, on its annual application for
  717  membership, shall name its official representative to the FHSAA.
  718  This representative must be either the school principal or his
  719  or her designee. That designee must either be an assistant
  720  principal or athletic director housed within that same school.
  721         (c) The FHSAA’s membership shall be divided along existing
  722  county lines into four contiguous and compact administrative
  723  regions, each containing an equal or nearly equal number of
  724  member schools to ensure equitable representation on the FHSAA’s
  725  board of directors, representative assembly, and appeals
  726  committees.
  727         (4) BOARD OF DIRECTORS.—
  728         (a) The executive authority of the FHSAA shall be vested in
  729  its board of directors. Any entity that appoints members to the
  730  board of directors shall examine the ethnic and demographic
  731  composition of the board when selecting candidates for
  732  appointment and shall, to the greatest extent possible, make
  733  appointments that reflect state demographic and population
  734  trends. Effective October 1, 2013, the board of directors shall
  735  be composed of 17 16 persons, as follows:
  736         1. One charter school representative, elected from among
  737  its public school representative members Four public member
  738  school representatives, one elected from among its public school
  739  representative members within each of the four administrative
  740  regions.
  741         2. One Four nonpublic member school representative
  742  representatives, one elected from among its nonpublic school
  743  representative members within each of the four administrative
  744  regions.
  745         3. Four Three representatives appointed by the
  746  commissioner, one appointed from each of the four administrative
  747  regions one appointed from the two northernmost administrative
  748  regions and one appointed from the two southernmost
  749  administrative regions. The third representative shall be
  750  appointed to balance the board for diversity or state population
  751  trends, or both.
  752         4. Two district school superintendents, one elected from
  753  the two northernmost administrative regions by the members in
  754  those regions and one elected from the two southernmost
  755  administrative regions by the members in those regions.
  756         5. Two district school board members, one elected from the
  757  two northernmost administrative regions by the members in those
  758  regions and one elected from the two southernmost administrative
  759  regions by the members in those regions.
  760         6. Two county athletic directors, one elected from the two
  761  northernmost administrative regions by the members in those
  762  regions and one elected from the two southernmost administrative
  763  regions by the members in those regions.
  764         7.6. The commissioner or his or her designee from the
  765  department executive staff.
  766         8. One representative appointed by the President of the
  767  Senate.
  768         9. One representative appointed by the Speaker of the House
  769  of Representatives.
  770         10. One representative appointed by the Executive Director
  771  of the Florida Athletic Coaches Association.
  772         11. One home school member representative elected from
  773  among its home school representative members.
  774         (b) A quorum of the board of directors shall consist of one
  775  more than half of its nine members.
  776         (c) The board of directors shall elect a president and a
  777  vice president from among its members. These officers shall also
  778  serve as officers of the FHSAA.
  779         (d) Members of the board of directors shall serve terms of
  780  4 3 years and are not eligible to succeed themselves only once.
  781  A member of the board of directors, other than the commissioner
  782  or his or her designee, may serve a maximum of 4 6 consecutive
  783  years. The FHSAA’s bylaws shall establish a rotation of terms so
  784  that approximately one-third of the members other than the
  785  commissioner or his or her designee rotate off the board each
  786  year to ensure that a majority of the members’ terms do not
  787  expire concurrently. For the purpose of ensuring staggered
  788  terms, board members appointed by the commissioner prior to July
  789  1, 2013, and the two district school superintendents elected
  790  prior to July 1, 2013, may continue to serve on the board
  791  through September 30, 2015.
  792         (e) The authority and duties of the board of directors,
  793  acting as a body and in accordance with the FHSAA’s bylaws, are
  794  as follows:
  795         1. To act as the incorporated FHSAA’s board of directors
  796  and to fulfill its obligations as required by the FHSAA’s
  797  charter and articles of incorporation.
  798         2. To establish such guidelines, regulations, policies, and
  799  procedures as are authorized by the bylaws.
  800         3. To employ an FHSAA executive director, subject to Senate
  801  confirmation. The executive director has who shall have the
  802  authority to waive the bylaws of the FHSAA in order to comply
  803  with statutory changes. The executive director’s salary shall be
  804  no greater than that set by law for the Governor of this state.
  805  The executive director is not entitled to per diem and travel
  806  expenses in excess of the rate provided for state employees
  807  under s. 112.061.
  808         4. To levy annual dues and other fees and to set the
  809  percentage of contest receipts to be collected by the FHSAA
  810  except that, beginning in the 2013-2014 fiscal year, all dues,
  811  fees, and percentages of contest receipts that the FHSAA is
  812  entitled to collect shall be fixed at the amount established in
  813  the FHSAA bylaws for 2012-2013 as published on the FHSAA website
  814  as of February 26, 2013, and may be increased only once annually
  815  in an amount necessary to reflect changes in the United States
  816  Department of Labor’s Consumer Price Index for All Urban
  817  Consumers (CPI-U), all items, with the resulting calculation
  818  rounded to the nearest whole dollar amount. The aggregate of
  819  such dues, fees, and percentages of contest receipts shall be
  820  allocated as follows:
  821         a. Up to 55 percent for the FHSAA to be used for
  822  organization operations as allowed by law.
  823         b. At least 30 percent for the FHSAA to provide
  824  postsecondary scholarships to students who meet qualifications
  825  established by the FHSAA.
  826         c. At least 15 percent for the FHSAA to coordinate with the
  827  National Center for Sports Safety and provide for the education
  828  of coaches, parks and recreation staff, parents, and other
  829  volunteers on the basics of sports safety and injury prevention,
  830  and the well-being and health, safety, and welfare of athletes.
  831         5. To approve the budget of the FHSAA.
  832         6. To organize and conduct statewide interscholastic
  833  competitions, which may or may not lead to state championships,
  834  and to establish the terms and conditions for these
  835  competitions.
  836         7. To act as an administrative board in the interpretation
  837  of, and final decision on, all questions and appeals arising
  838  from the directing of interscholastic athletics of member
  839  schools.
  840         8. To levy fines, penalties, and sanctions against schools
  841  and coaches found to be in violation of student eligibility
  842  requirements and recruiting practices pursuant to subsection
  843  (2). However, fines, penalties, and sanctions may not exceed the
  844  cost to investigate reported violations and the cost of
  845  associated appeals processes. The board of directors shall
  846  submit an annual report to the Department of Education by
  847  October 1 each year which reconciles the costs of investigations
  848  and appeals with the fines, penalties, and sanctions charged to
  849  member schools and coaches for each fiscal year.
  850         (5) REPRESENTATIVE ASSEMBLY.—
  851         (a) The legislative authority of the FHSAA is vested in its
  852  representative assembly.
  853         (b) The representative assembly shall be composed of the
  854  following:
  855         1. An equal number of member school representatives from
  856  each of the four administrative regions.
  857         2. Four district school superintendents, one elected from
  858  each of the four administrative regions by the district school
  859  superintendents in their respective administrative regions.
  860         3. Four district school board members, one elected from
  861  each of the four administrative regions by the district school
  862  board members in their respective administrative regions.
  863         4. The commissioner or his or her designee from the
  864  department executive staff.
  865         (c) The FHSAA’s bylaws shall establish the number of member
  866  school representatives to serve in the representative assembly
  867  from each of the four administrative regions, not to exceed six
  868  from each of the four regions, and shall establish the method
  869  for their selection.
  870         (d) No member of the board of directors other than the
  871  commissioner or his or her designee can serve in the
  872  representative assembly.
  873         (e) The representative assembly shall elect a chairperson
  874  and a vice chairperson from among its members.
  875         (f) Elected members of the representative assembly shall
  876  serve terms of 2 years and are eligible to succeed themselves
  877  for one two additional term terms. An elected member, other than
  878  the commissioner or his or her designee, may serve a maximum of
  879  4 6 consecutive years in the representative assembly.
  880         (g) A quorum of the representative assembly consists of one
  881  more than half of its members.
  882         (h) The authority of the representative assembly is limited
  883  to its sole duty, which is to consider, adopt, or reject any
  884  proposed amendments to the FHSAA’s bylaws.
  885         (i) The representative assembly shall meet as a body
  886  annually. A two-thirds majority of the votes cast by members
  887  present is required for passage of any proposal.
  888         (6) PUBLIC LIAISON ADVISORY COMMITTEE.—
  889         (f) Members of the public liaison advisory committee are
  890  entitled to per diem and travel expenses at the same rate
  891  provided for state employees under s. 112.061.
  892         Section 5. This act shall take effect July 1, 2013.
  893  
  894  ================= T I T L E  A M E N D M E N T ================
  895         And the title is amended as follows:
  896         Delete everything before the enacting clause
  897  and insert:
  898                        A bill to be entitled                      
  899         An act relating to high school athletics; reenacting
  900         and amending s. 1002.20(17), F.S.; making technical
  901         changes; amending s. 1006.15, F.S.; revising criteria
  902         for student eligibility for participation in
  903         extracurricular activities; defining the term “public
  904         school”; authorizing certain students to participate
  905         in an extracurricular activity at another school
  906         subject to certain requirements; amending s. 1006.19,
  907         F.S.; providing requirements for an annual financial
  908         and compliance audit of an association that supervises
  909         interscholastic activities of public high schools;
  910         requiring that an association or corporation that
  911         supervises interscholastic activities of public high
  912         schools complete a report; specifying report
  913         requirements; requiring the report to be submitted to
  914         the Commissioner of Education and the Legislature
  915         annually; amending s. 1006.20, F.S.; providing that
  916         the designation of the Florida High School Athletic
  917         Association (FHSAA) as the governing nonprofit
  918         organization of athletics expires on a specified date;
  919         specifying that the FHSAA is subject to the provisions
  920         of chs. 119 and 286, F.S.; revising the criteria for
  921         bylaws, policies, or guidelines adopted by the FHSAA;
  922         requiring the FHSAA to complete a review by a
  923         specified date; requiring that the FHSAA submit a
  924         report to the Commissioner of Education, the Governor,
  925         and the Legislature; providing requirements for
  926         investigations and investigators; authorizing the
  927         assessment of fees to cover costs for certain
  928         proceedings; establishing notice requirements;
  929         providing procedures for student residence and
  930         transfer approvals; providing for hearings before the
  931         Division of Administrative Hearings (DOAH);
  932         authorizing DOAH to assess fees payable by the
  933         nonprevailing party to administer the hearings;
  934         providing that the burden is on the FHSAA to
  935         demonstrate by clear and convincing evidence that a
  936         student is ineligible to participate in a high school
  937         athletic competition; requiring that the FHSAA pay
  938         costs and attorney fees in certain circumstances;
  939         revising the composition of the board of directors of
  940         the FHSAA and terms of office; revising what
  941         constitutes a quorum of the board of directors;
  942         providing that the appointment of the executive
  943         director is subject to Senate confirmation; providing
  944         restrictions on the salary, per diem, and travel
  945         expenses of the FHSAA’s executive director; revising
  946         provisions relating to the FHSAA’s representative
  947         assembly; providing restrictions on the levy of dues
  948         and fees and the collection of contest receipts;
  949         providing authority to levy fines, penalties, and
  950         sanctions against schools and coaches; providing that
  951         members of the FHSAA’s public liaison advisory
  952         committee are entitled to reimbursement for per diem
  953         and travel expenses at the same rate as state
  954         employees; providing an effective date.