2014 Legislature CS for SB 358, 1st Engrossed
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
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.