Florida Senate - 2014                                     SB 358
       By Senator Ring
       29-00558-14                                            2014358__
    1                        A bill to be entitled                      
    2         An act relating to volunteers for organized youth
    3         sports and recreational programs; amending s.
    4         943.0438, F.S.; defining the terms “volunteer” and
    5         “youth sports or recreation authority”; expanding
    6         provisions relating to athletic coaches for
    7         independent sanctioning authorities to require youth
    8         sports or recreation authorities to conduct specified
    9         background screening of all volunteers with any youth
   10         athletic team or organized youth recreational program
   11         using publicly owned facilities; prohibiting a youth
   12         sports or recreation authority from delegating such
   13         duty; requiring that specified documentation be
   14         maintained for a specified period by such authorities;
   15         conforming provisions to changes made by the act;
   16         providing an effective date.
   18  Be It Enacted by the Legislature of the State of Florida:
   20         Section 1. Section 943.0438, Florida Statutes, is amended
   21  to read:
   22         943.0438 Volunteers Athletic coaches for organized youth
   23  sports and recreation independent sanctioning authorities.—
   24         (1) As used in this section, the term:
   25         (a) “Volunteer Athletic coach” means a person who:
   26         1. Is authorized by a youth sports or recreation an
   27  independent sanctioning authority to work for 20 or more hours
   28  within a calendar year, whether for compensation or as a
   29  volunteer, for a youth athletic team or organized youth
   30  recreational program using publicly owned facilities based in
   31  this state; and
   32         2. Has direct contact with one or more minors on the youth
   33  athletic team.
   34         (b) “Youth sports or recreation Independent sanctioning
   35  authority” means a private, nongovernmental entity that
   36  organizes, operates, or coordinates a youth athletic team or
   37  organized youth recreational program using publicly owned
   38  facilities in this state if the team or program includes one or
   39  more minors and is not affiliated with a private school as
   40  defined in s. 1002.01.
   41         (2) A youth sports or recreation An independent sanctioning
   42  authority shall:
   43         (a)1. Conduct a background screening of each current and
   44  prospective volunteer athletic coach. The authority may not
   45  delegate this responsibility to an individual team or program
   46  and may not authorize a No person shall be authorized by the
   47  independent sanctioning authority to act as a volunteer an
   48  athletic coach unless a background screening is has been
   49  conducted and does did not result in disqualification under
   50  paragraph (b). Background screenings shall be conducted annually
   51  for each volunteer athletic coach. For purposes of this section,
   52  a background screening shall be conducted with a search of the
   53  volunteer’s athletic coach’s name or other identifying
   54  information against state and federal registries of sexual
   55  predators and sexual offenders, which are available to the
   56  public on Internet sites provided by:
   57         a. The Department of Law Enforcement under s. 943.043; and
   58         b. The Attorney General of the United States under 42
   59  U.S.C. s. 16920.
   60         2. For purposes of this section, a background screening
   61  conducted by a commercial consumer reporting agency in
   62  compliance with the federal Fair Credit Reporting Act using the
   63  identifying information referenced in subparagraph 1. and that
   64  includes searching that information against the sexual predator
   65  and sexual offender Internet sites listed in sub-subparagraphs
   66  1.a. and b. is shall be deemed to satisfy in compliance with the
   67  requirements of this paragraph section.
   68         (b) Disqualify a any person from acting as a volunteer an
   69  athletic coach if he or she is identified on a registry
   70  described in paragraph (a).
   71         (c) Provide, within 7 business days after following the
   72  background screening under paragraph (a), written notice to a
   73  person disqualified under this section advising the person of
   74  the results and of his or her disqualification.
   75         (d) Maintain for at least 5 years documentation of:
   76         1. The results for each person screened under paragraph
   77  (a); and
   78         2. The written notice of disqualification provided to each
   79  person under paragraph (c).
   80         (e) Adopt guidelines to educate volunteers athletic
   81  coaches, officials, administrators, and youth athletes and their
   82  parents or guardians of the nature and risk of concussion and
   83  head injury.
   84         (f) Adopt bylaws or policies that require the parent or
   85  guardian of a youth who is participating in athletic competition
   86  or other recreational programs or who is a candidate for an
   87  athletic team or recreational program to sign and return an
   88  informed consent that explains the nature and risk of concussion
   89  and head injury, including the risk of continuing to play after
   90  concussion or head injury, each year before participating in
   91  athletic competition or other recreational programs, or engaging
   92  in any practice, tryout, workout, or other physical activity
   93  associated with the youth’s candidacy for an athletic team or
   94  recreational program.
   95         (g) Adopt bylaws or policies that require each youth
   96  athlete or recreational program participant who is suspected of
   97  sustaining a concussion or head injury in a practice or
   98  competition to be immediately removed from the activity. A youth
   99  athlete or recreational program participant who is has been
  100  removed from an activity may not return to practice or
  101  competition until the youth or participant submits to a
  102  volunteer or volunteer supervisor the athletic coach a written
  103  medical clearance to return stating that he or she the youth
  104  athlete no longer exhibits signs, symptoms, or behaviors
  105  consistent with a concussion or other head injury. Medical
  106  clearance must be authorized by the appropriate health care
  107  practitioner trained in the diagnosis, evaluation, and
  108  management of concussions as defined by the Sports Medicine
  109  Advisory Committee of the Florida High School Athletic
  110  Association.
  111         (3) In a civil action for the death of, or injury or damage
  112  to, a third person caused by the intentional tort of a volunteer
  113  an athletic coach that relates to alleged sexual misconduct by
  114  the volunteer athletic coach, there is a rebuttable presumption
  115  that the youth sports or recreation independent sanctioning
  116  authority was not negligent in authorizing the person to act as
  117  a volunteer athletic coach if the authority complied with the
  118  background screening and disqualification requirements of
  119  subsection (2) before prior to such authorization.
  120         (4) The Legislature encourages youth sports and recreation
  121  independent sanctioning authorities for youth athletic teams to
  122  participate in the Volunteer and Employee Criminal History
  123  System, as authorized by the National Child Protection Act of
  124  1993 and s. 943.0542.
  125         Section 2. This act shall take effect July 1, 2014.