Florida Senate - 2014                                    SB 1282
       
       
        
       By Senator Braynon
       
       
       
       
       
       36-01405B-14                                          20141282__
    1                        A bill to be entitled                      
    2         An act relating to athletic safety, education, and
    3         training; providing a short title; providing
    4         legislative findings and purpose; amending s. 1006.20,
    5         F.S.; requiring the Florida High School Athletic
    6         Association to adopt specified bylaws regarding the
    7         promotion of respectful conduct in interscholastic
    8         athletics; requiring that participants in
    9         interscholastic athletics sign a pledge; requiring
   10         that interscholastic athletics coaching staff be
   11         trained in policies promoting mutual respect in
   12         athletics; requiring that schools create a reporting
   13         procedure; requiring reports; creating s. 760.12,
   14         F.S.; requiring specified organizations using
   15         specified facilities to comply with policies regarding
   16         the promotion of respectful conduct for certain non
   17         interscholastic athletic events; defining terms;
   18         creating s. 1006.74, F.S.; prohibiting bullying or
   19         harassment in intercollegiate athletics; defining
   20         terms; requiring specified public and nonpublic
   21         postsecondary educational institutions to adopt
   22         written policies regarding the promotion of respectful
   23         conduct in intercollegiate athletics; providing
   24         requirements for such policy; requiring that
   25         participants in intercollegiate athletics sign a
   26         pledge against prohibited conduct; requiring that
   27         coaching staff involved in intercollegiate athletics
   28         be trained on the prevention of prohibited conduct;
   29         providing for consultation with the Commissioner of
   30         Education or the Chancellor of the State University
   31         System in formulating policies regarding the promotion
   32         of respectful conduct in intercollegiate athletics;
   33         providing for the reporting of incidents of prohibited
   34         conduct in intercollegiate athletics; requiring the
   35         commissioner and the chancellor to make annual
   36         assessments of compliance with policies regarding
   37         prohibited conduct in intercollegiate athletics;
   38         providing for enforcement by the Attorney General in a
   39         civil action; providing that there is no private right
   40         of action; creating s. 760.101, F.S.; providing that
   41         it is an unlawful employment practice for a
   42         professional sports franchise to fail to take
   43         reasonable measures to prevent abusive conduct;
   44         defining terms; providing for enforcement by the
   45         Attorney General in a civil action; providing an
   46         affirmative defense to a civil action; providing that
   47         there is no private right of action; providing that
   48         the act may not be construed or implemented to
   49         infringe upon the right of free speech; providing for
   50         severability; providing an effective date.
   51          
   52  Be It Enacted by the Legislature of the State of Florida:
   53  
   54         Section 1. This act may be cited as the “Safe Athletics
   55  Education and Training Act of 2014.”
   56         Section 2. Legislative findings and purpose.
   57         (1) FINDINGS.—The Legislature finds that:
   58         (a) The education of students in Florida schools is vital
   59  to the future social and economic development of this state.
   60         (b) Education in childhood and adolescence takes place
   61  beyond the classroom, including in organized athletic events
   62  where students learn the importance of personal responsibility,
   63  sportsmanship, and teamwork.
   64         (c) Participation in organized interscholastic athletics is
   65  a central part of the education of students in preparation for
   66  adulthood.
   67         (d) Organized athletic events outside the context of
   68  scholastic competition also play an important role in the
   69  development of children and adolescents.
   70         (e) The physical and emotional development of student
   71  athletes will guide their behavior when they reach adulthood.
   72         (f) The physical and emotional well-being of student
   73  athletes is threatened by abusive conduct by other student
   74  athletes.
   75         (g) Racial harassment is a prevalent and under-reported
   76  form of abusive conduct in youth community settings, including
   77  athletics.
   78         (h) Racial stereotypes regarding athletic ability
   79  contribute to abusive conduct, especially when athletes deviate
   80  from unjustified expectations for sports performance based on
   81  race.
   82         (i) Abusive conduct, including racial harassment, in
   83  college and professional athletics is detrimental to
   84  participants in those settings.
   85         (j) Organized athletics at the college and professional
   86  levels offer role models and object lessons to younger athletes,
   87  and abusive conduct, including racial harassment, which takes
   88  place at those levels can negatively influence the behavior of
   89  children and adolescents.
   90         (k)It is the policy of this state to end abusive conduct
   91  in athletics in Florida.
   92         (l) The failure to discourage abusive conduct in athletic
   93  programs undermines other anti-bullying and anti-harassment
   94  efforts in Florida schools.
   95         (m) Intervention to promote respectful conduct during
   96  athletes’ formative years reduces the incidence of such
   97  detrimental behavior when they mature into adulthood.
   98         (n)Incidents of racial harassment in professional
   99  athletics are particularly detrimental and contrary to the
  100  policy of this state to end bullying and harassment in athletics
  101  in Florida.
  102         (o) Intervention to promote respectful conduct in athletics
  103  at the college and professional levels will reinforce and more
  104  effectively communicate the anti-bullying and anti-harassment
  105  policies of this state, and prevent the serious harms that can
  106  result from such conduct when engaged in by adults.
  107         (p) Abusive conduct in athletics can be curbed by efforts
  108  to educate coaches and athletes about the dangers of such
  109  conduct, and the policies of this state against such conduct.
  110         (q) Requiring athletes to pledge not to engage in abusive
  111  conduct is an effective means of reinforcing efforts to educate
  112  them about respectful conduct in athletics.
  113         (2) PURPOSE.—It is the purpose of this act to:
  114         (a) Eliminate abusive conduct, including racial harassment,
  115  in athletics.
  116         (b) Educate athletes, coaches, and other participants in
  117  athletic programs in order to promote respectful conduct in
  118  athletics.
  119         Section 3. Paragraph (n) is added to subsection (2) of
  120  section 1006.20, Florida Statutes, to read:
  121         1006.20 Athletics in public K-12 schools.—
  122         (2) ADOPTION OF BYLAWS, POLICIES, OR GUIDELINES.—
  123         (n) The FHSAA shall adopt bylaws on the subject of bullying
  124  and harassment in interscholastic athletics. The bylaws must
  125  include provisions that:
  126         1. Require as a condition of participation in
  127  interscholastic athletics that all member schools, effective
  128  July 1, 2014:
  129         a. Prohibit a student athlete from participating in
  130  interscholastic athletics unless that athlete signs a pledge not
  131  to engage in bullying or harassment as those terms are defined
  132  in s. 1006.147 in the course of interscholastic athletics. The
  133  pledge must be taken at the start of each school year by an
  134  athlete participating in interscholastic athletics and must be
  135  reinforced throughout the school year at regular intervals. The
  136  FHSAA shall involve students, parents, teachers, administrators,
  137  and coaching staff in the process of drafting the pledge.
  138         b. Train coaching staff involved in interscholastic
  139  athletics on the prevention of bullying and harassment in
  140  athletics. Such training must include instruction on
  141  identifying, preventing, and responding to bullying and
  142  harassment in athletics, including instruction on recognizing
  143  behaviors that lead to bullying and harassment in athletics and
  144  taking appropriate preventive action based on those
  145  observations.
  146         2. Require all member schools to create a procedure for
  147  reporting incidents of bullying or harassment in interscholastic
  148  athletics to the FHSAA. The FHSAA shall aggregate information
  149  contained in the reports from member schools.
  150         3. Require the FHSAA to report to the Commissioner of
  151  Education:
  152         a. No later than 1 year after the effective date of this
  153  act, the FHSAA’s efforts to implement it.
  154         b. On September 1 of each year, aggregate information on
  155  incidents of bullying or harassment in interscholastic athletics
  156  collected by the FHSAA in the preceding 12-month period.
  157         Section 4. Section 760.12, Florida Statutes, is created to
  158  read:
  159         760.12 Promotion of respectful conduct in athletics using
  160  public accommodations.—
  161         (1) An organization permitted to use any state, county, or
  162  municipal playing field, athletic facility, or other public
  163  accommodations for the purpose of sponsored non-interscholastic
  164  athletic competition by persons younger than 18 years of age
  165  must, as a condition of such use, comply with the bylaws of the
  166  Florida High School Athletic Association described in s.
  167  1006.20(2)(n).
  168         (2) As used in this section, the term:
  169         (a) Public accommodations” has the same meaning as
  170  provided in s. 760.02.
  171         (b)Sponsored non-interscholastic athletic competition”
  172  means an athletic competition organized and supervised by a
  173  group, league, or similar organization other than a public or
  174  private school.
  175         Section 5. Section 1006.74, Florida Statutes, is created to
  176  read:
  177         1006.74 Abusive conduct in intercollegiate athletics
  178  prohibited.—
  179         (1) Bullying or harassment of any student in
  180  intercollegiate athletics is prohibited. As used in this
  181  section, the terms “bullying” and “harassment” have the same
  182  meanings as provided in s. 1006.147.
  183         (2) Public and nonpublic postsecondary educational
  184  institutions whose students receive state student financial
  185  assistance shall, if those students participate in
  186  intercollegiate athletics, adopt a written policy on the subject
  187  of bullying and harassment in intercollegiate athletics. Such
  188  policy must:
  189         (a) Include rules prohibiting students from engaging in
  190  bullying or harassment in intercollegiate athletics.
  191         (b) Require, as a condition of participation in
  192  intercollegiate athletics, that each athlete sign a pledge not
  193  to engage in bullying or harassment in the course of
  194  intercollegiate athletics. The pledge must be taken at the start
  195  of each athletic season in which the student will participate,
  196  and must be reinforced throughout the season at regular
  197  intervals.
  198         (c) Require the training of coaching staff involved in
  199  intercollegiate athletics on the prevention of bullying and
  200  harassment in athletics. Such training must include instruction
  201  on identifying, preventing, and responding to bullying and
  202  harassment in athletics, including instruction on recognizing
  203  behaviors that lead to bullying and harassment in athletics and
  204  taking appropriate preventive action based on those
  205  observations.
  206         (d) Provide for consultation with, and approval by, the
  207  Commissioner of Education, or in the case of a state university,
  208  the Chancellor of the State University System, in formulating
  209  the pledge required by paragraph (b) and the training policy
  210  required by paragraph (c).
  211         (e) Provide a procedure for reporting incidents of bullying
  212  or harassment in intercollegiate athletics to the Commissioner
  213  of Education, or in the case of a state university, the
  214  Chancellor of the State University System.
  215         (3) Upon approval by the Commissioner of Education or the
  216  Chancellor of the State University System, as appropriate, of
  217  the policy described in subsection (2), a copy shall be provided
  218  to each student participating in intercollegiate athletics.
  219         (4) The Commissioner of Education shall annually assess the
  220  policy against bullying and harassment in intercollegiate
  221  athletics of each public and nonpublic postsecondary educational
  222  institution, other than a state university, and advise the State
  223  Board of Education and the Legislature regarding compliance.
  224         (5) The Chancellor of the State University System shall
  225  annually assess the policy against bullying and harassment in
  226  intercollegiate athletics of each state university and advise
  227  the Board of Governors and the Legislature regarding compliance.
  228         (6) The Attorney General may bring a civil action seeking
  229  injunctive relief to enforce this section. In addition to
  230  injunctive relief, or in lieu thereof, for any postsecondary
  231  educational institution found to have willfully violated this
  232  section, the Attorney General may seek to impose a fine of
  233  $10,000 per violation, payable to the state.
  234         (7) This section does not create a private right of action.
  235         Section 6. Section 760.101, Florida Statutes, is created to
  236  read:
  237         760.101 Unlawful employment practices in professional
  238  athletics.—
  239         (1) It is an unlawful employment practice for a
  240  professional sports franchise to fail to take reasonable
  241  measures to prevent abusive conduct targeted at any player,
  242  including abusive conduct inflicted by another player.
  243         (2) As used in this section, the term abusive conduct”
  244  means a pattern of behavior or a single act of an employer or
  245  employee of a professional sports franchise which is performed
  246  with malice and is unrelated to the employer’s or employee’s
  247  legitimate business and which a reasonable person would find
  248  hostile or offensive considering the severity, nature, and
  249  frequency of the conduct, or the severity and egregiousness of
  250  the conduct. The term includes, but is not limited to:
  251         (a) Repeated infliction of verbal abuse, such as the use of
  252  racially derogatory remarks, insults, and epithets.
  253         (b) Verbal or physical conduct that a reasonable person
  254  would find threatening, intimidating, or humiliating.
  255         (c) Sabotaging or undermining an employee’s performance.
  256         (d) Attempting to exploit an employee’s known psychological
  257  or physical vulnerability.
  258         (3) The Attorney General may bring a civil action seeking
  259  injunctive relief to enforce this section. In addition to
  260  injunctive relief, or in lieu thereof, for any employer or other
  261  person found to have willfully violated this section, the
  262  Attorney General may seek to impose a fine of $10,000 per
  263  violation, payable to the state.
  264         (4) In a civil action brought by the Attorney General under
  265  this section, a professional sports franchise shall have an
  266  affirmative defense that it took reasonable measures to prevent
  267  a violation of this statute if the professional sports
  268  franchise:
  269         (a) Adopted and enforced a written policy prohibiting
  270  abusive conduct.
  271         (b) Required players to receive the policy and to pledge
  272  not to engage in abusive conduct toward other players.
  273         (c) Required coaching staff to be trained in the prevention
  274  of abusive conduct. Such training must include instruction on
  275  identifying, preventing, and responding to abusive conduct in
  276  athletics, including instruction on recognizing behaviors that
  277  lead to abusive conduct in athletics and taking appropriate
  278  preventive action based on those observations.
  279         (5) This section does not create a private right of action.
  280         Section 7. Nothing in this act shall be construed or
  281  implemented to infringe upon the right of free speech under the
  282  First Amendment to the United States Constitution, as
  283  incorporated by the Fourteenth Amendment to the United States
  284  Constitution, or under Article I, Section 4 of the State
  285  Constitution.
  286         Section 8. If any provision of this act or the application
  287  thereof to any person or circumstance is held invalid, the
  288  invalidity shall not affect other provisions or applications of
  289  the act which can be given effect without the invalid provision
  290  or application, and to this end the provisions of this act are
  291  declared severable.
  292         Section 9. This act shall take effect upon becoming a law.