Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 1026
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/14/2016           .                                

       The Committee on Education Pre-K - 12 (Brandes) recommended the
    1         Senate Amendment (with directory and title amendments)
    3         Between lines 63 and 64
    4  insert:
    6         (g) The FHSAA shall provide a process for the resolution of
    7  student eligibility disputes which includes the opportunity to
    8  use an informal conference procedure.
    9         1. The FHSAA must provide written notice to the student
   10  athlete, parent, and member school stating specific findings of
   11  fact that support a determination of ineligibility. The student
   12  athlete, parent, or member school must request an informal
   13  conference within 10 days after receipt of such notice if
   14  intending to contest the determination. The informal conference
   15  must be held within 10 days after receipt of the request. The
   16  informal conference may be held by telephone or by video
   17  conference and, if video conference equipment is available, may
   18  be conducted at the student’s school.
   19         2. If the eligibility dispute is not resolved at the
   20  informal conference and if requested by the student athlete,
   21  parent, or member school, the FHSAA must provide a formal
   22  process for the timely and cost-effective resolution of an
   23  eligibility dispute by a neutral third party whose decision is
   24  binding on the parties to the dispute. The neutral third party
   25  must be mutually agreed to by the parties and may be a retired
   26  or former judge, a dispute resolution professional approved by
   27  The Florida Bar or by the court in the circuit in which the
   28  dispute arose, or a certified mediator or arbitrator in the
   29  jurisdiction in which the dispute arose. If the parties cannot
   30  mutually agree on a neutral third party, the FHSAA must select a
   31  neutral third party at random from a list of dispute resolution
   32  professionals maintained by The Florida Bar.
   33         3. A final determination regarding the eligibility dispute
   34  must be issued no later than 30 days after the informal
   35  conference, unless an extension is agreed upon by both parties.
   36         (i)(h) In lieu of bylaws adopted under paragraph (h) (g),
   37  the FHSAA may adopt bylaws providing as a minimum the procedural
   38  safeguards of ss. 120.569 and 120.57, making appropriate
   39  provision for appointment of unbiased and qualified hearing
   40  officers.
   42  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
   43  And the directory clause is amended as follows:
   44         Delete lines 16 - 17
   45  and insert:
   46         Section 1. Subsection (1) and present paragraph (h) of
   47  subsection (2) of section 1006.20, Florida Statutes, are
   48  amended, present paragraphs (g) through (m) of that subsection
   49  are redesignated as paragraphs (h) through (n), respectively,
   50  and a new paragraph (g) is added to that subsection, to read:
   52  ================= T I T L E  A M E N D M E N T ================
   53  And the title is amended as follows:
   54         Between lines 11 and 12
   55  insert:
   56         providing a process for resolving student eligibility
   57         disputes; conforming a cross-reference;