Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 358
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/20/2014           .                                

    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (1) and paragraphs (a), (b), (c), and
    6  (d) of subsection (2) of section 943.0438, Florida Statutes, are
    7  amended to read:
    8         943.0438 Athletic coaches for independent sanctioning
    9  authorities.—
   10         (1) As used in this section, the term:
   11         (a) “Athletic coach” means a person who:
   12         1. Is authorized by an independent sanctioning authority to
   13  work as a coach, assistant coach, or referee for 20 or more
   14  hours within a calendar year, whether for compensation or as a
   15  volunteer, for a youth athletic team based in this state; and
   16         2. Has direct contact with one or more minors on the youth
   17  athletic team.
   18         (b) “Independent sanctioning authority” means a private,
   19  nongovernmental entity that organizes, operates, or coordinates
   20  a youth athletic team in this state if the team includes one or
   21  more minors and is not affiliated with a private school as
   22  defined in s. 1002.01.
   23         (2) An independent sanctioning authority shall:
   24         (a)1. Conduct a level 1 background screening pursuant to s.
   25  435.03 of each current and prospective athletic coach. The
   26  authority may not delegate this responsibility to an individual
   27  team and may not authorize any No person shall be authorized by
   28  the independent sanctioning authority to act as an athletic
   29  coach unless a level 1 background screening is has been
   30  conducted and does did not result in disqualification under
   31  paragraph (b). Level 1 background screenings shall be conducted
   32  annually for each athletic coach. For purposes of this section,
   33  a background screening shall include be conducted with a search
   34  of the athletic coach’s name or other identifying information
   35  against state and federal registries of sexual predators and
   36  sexual offenders, which are available to the public on Internet
   37  sites provided by:
   38         a. The Department of Law Enforcement under s. 943.043; and
   39         b. The Attorney General of the United States under 42
   40  U.S.C. s. 16920.
   41         2. For purposes of this section, a background screening
   42  conducted by a commercial consumer reporting agency in
   43  compliance with the federal Fair Credit Reporting Act using the
   44  identifying information referenced in subparagraph 1. and that
   45  includes a level 1 background screening and a search of
   46  searching that information against the sexual predator and
   47  sexual offender Internet sites listed in sub-subparagraphs 1.a.
   48  and b. shall be deemed to satisfy in compliance with the
   49  requirements of this paragraph section.
   50         (b) Disqualify any person from acting as an athletic coach
   51  as provided in s. 435.03 or if he or she is identified on a
   52  registry described in paragraph (a). The authority may allow a
   53  person disqualified under this paragraph to act as an athletic
   54  coach if it determines that the person meets the requirements
   55  for an exemption from disqualification under s. 435.07.
   56         (c) Provide, within 7 business days following the
   57  background screening under paragraph (a), written notice to a
   58  person disqualified under this section advising the person of
   59  the results and of his or her disqualification.
   60         (d) Maintain for at least 5 years documentation of:
   61         1. The results for each person screened under paragraph
   62  (a); and
   63         2. The written notice of disqualification provided to each
   64  person under paragraph (c).
   65         Section 2. This act shall take effect July 1, 2014.
   67  ================= T I T L E  A M E N D M E N T ================
   68  And the title is amended as follows:
   69         Delete everything before the enacting clause
   70  and insert:
   71                        A bill to be entitled                      
   72         An act relating to athletic coaches for youth athletic
   73         teams; amending s. 943.0438, F.S.; revising the
   74         definition of the term “athletic coach”; expanding
   75         provisions relating to athletic coaches for
   76         independent sanctioning authorities to require such
   77         authorities to conduct specified background screening
   78         of certain coaches of youth athletic teams; providing
   79         that the duty may not be delegated; providing for
   80         disqualification; providing for exemption from
   81         disqualification; requiring that specified
   82         documentation be maintained for a specified period by
   83         such authorities; providing an effective date.