CS for SB 358                              First Engrossed (ntc)
    1                        A bill to be entitled                      
    2         An act relating to athletic coaches for youth athletic
    3         teams; amending s. 943.0438, F.S.; revising the
    4         definition of the term “athletic coach”; expanding
    5         provisions relating to athletic coaches for
    6         independent sanctioning authorities to require such
    7         authorities to conduct specified background screening
    8         of certain coaches of youth athletic teams; providing
    9         that the duty may not be delegated; providing for
   10         disqualification; providing for exemption from
   11         disqualification; requiring that specified
   12         documentation be maintained for a specified period by
   13         such authorities; providing an effective date.
   15  Be It Enacted by the Legislature of the State of Florida:
   17         Section 1. Subsection (1) and paragraphs (a), (b), (c), and
   18  (d) of subsection (2) of section 943.0438, Florida Statutes, are
   19  amended to read:
   20         943.0438 Athletic coaches for independent sanctioning
   21  authorities.—
   22         (1) As used in this section, the term:
   23         (a) “Athletic coach” means a person who:
   24         1. Is authorized by an independent sanctioning authority to
   25  work as a coach, assistant coach, or referee for 20 or more
   26  hours within a calendar year, whether for compensation or as a
   27  volunteer, for a youth athletic team based in this state; and
   28         2. Has direct contact with one or more minors on the youth
   29  athletic team.
   30         (b) “Independent sanctioning authority” means a private,
   31  nongovernmental entity that organizes, operates, or coordinates
   32  a youth athletic team in this state if the team includes one or
   33  more minors and is not affiliated with a private school as
   34  defined in s. 1002.01.
   35         (2) An independent sanctioning authority shall:
   36         (a)1. Conduct a level 1 background screening pursuant to s.
   37  435.03 of each current and prospective athletic coach. The
   38  authority may not delegate this responsibility to an individual
   39  team and may not authorize any No person shall be authorized by
   40  the independent sanctioning authority to act as an athletic
   41  coach unless a level 1 background screening is has been
   42  conducted and does did not result in disqualification under
   43  paragraph (b). Level 1 background screenings shall be conducted
   44  annually for each athletic coach. For purposes of this section,
   45  a background screening shall include be conducted with a search
   46  of the athletic coach’s name or other identifying information
   47  against state and federal registries of sexual predators and
   48  sexual offenders, which are available to the public on Internet
   49  sites provided by:
   50         a. The Department of Law Enforcement under s. 943.043; and
   51         b. The Attorney General of the United States under 42
   52  U.S.C. s. 16920.
   53         2. For purposes of this section, a background screening
   54  conducted by a commercial consumer reporting agency in
   55  compliance with the federal Fair Credit Reporting Act using the
   56  identifying information referenced in subparagraph 1. and that
   57  includes a level 1 background screening and a search of
   58  searching that information against the sexual predator and
   59  sexual offender Internet sites listed in sub-subparagraphs 1.a.
   60  and b. shall be deemed to satisfy in compliance with the
   61  requirements of this paragraph section.
   62         (b) Disqualify any person from acting as an athletic coach
   63  as provided in s. 435.03 or if he or she is identified on a
   64  registry described in paragraph (a). The authority may allow a
   65  person disqualified under this paragraph to act as an athletic
   66  coach if it determines that the person meets the requirements
   67  for an exemption from disqualification under s. 435.07.
   68         (c) Provide, within 7 business days following the
   69  background screening under paragraph (a), written notice to a
   70  person disqualified under this section advising the person of
   71  the results and of his or her disqualification.
   72         (d) Maintain for at least 5 years documentation of:
   73         1. The results for each person screened under paragraph
   74  (a); and
   75         2. The written notice of disqualification provided to each
   76  person under paragraph (c).
   77         Section 2. This act shall take effect July 1, 2014.