Florida Senate - 2016                                    SB 1026
       By Senator Simmons
       10-00073-16                                           20161026__
    1                        A bill to be entitled                      
    2         An act relating to high school athletics; amending s.
    3         1006.20, F.S.; providing requirements regarding fees
    4         and contest receipts collected by the Florida High
    5         School Athletic Association (FHSAA); requiring the
    6         FHSAA to allow a school to join the FHSAA as a full
    7         time member or on a per-sport basis; prohibiting the
    8         FHSAA from taking any retributory or discriminatory
    9         action against specified schools; authorizing the
   10         Commissioner of Education to identify other
   11         associations in compliance with specified provisions;
   12         providing an effective date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Subsection (1) of section 1006.20, Florida
   17  Statutes, is amended to read:
   18         1006.20 Athletics in public K-12 schools.—
   19         (1) GOVERNING NONPROFIT ORGANIZATION.—The Florida High
   20  School Athletic Association (FHSAA) is designated as the
   21  governing nonprofit organization of athletics in Florida public
   22  schools. If the FHSAA fails to meet the provisions of this
   23  section, the commissioner shall designate a nonprofit
   24  organization to govern athletics with the approval of the State
   25  Board of Education. The FHSAA is not a state agency as defined
   26  in s. 120.52 but is. The FHSAA shall be subject to ss. 1006.15
   27  1006.19. Any special event fees; sanctioning fees, including
   28  third-party sanctioning fees; or contest receipts collected
   29  annually by the FHSAA may not exceed its actual costs to perform
   30  the function or duty that is the subject of or justification for
   31  the fee the provisions of s. 1006.19. A private school that
   32  wishes to engage in high school athletic competition with a
   33  public high school may become a member of the FHSAA. Any high
   34  school in the state, including private schools, traditional
   35  public schools, charter schools, virtual schools, and home
   36  education cooperatives, may become a member of the FHSAA and
   37  participate in the activities of the FHSAA. However, Membership
   38  in the FHSAA is not mandatory for any school. The FHSAA shall
   39  allow a school the option of joining the association as a full
   40  time member or on a per-sport basis and may not prohibit or
   41  discourage any school from simultaneously maintaining membership
   42  in the FHSAA and another athletic association. The FHSAA may not
   43  deny or discourage interscholastic competition between its
   44  member schools and nonmember non-FHSAA member Florida schools,
   45  including members of another athletic association governing
   46  organization, and may not take any retributory or discriminatory
   47  action against any of its member schools that seek to
   48  participate in interscholastic competition with nonmember non
   49  FHSAA member Florida schools or any of its member schools that
   50  seek membership in other associations for a sport for which they
   51  are not a member of the FHSAA. The FHSAA may not unreasonably
   52  withhold its approval of an application to become an affiliate
   53  member of the National Federation of State High School
   54  Associations submitted by any other association organization
   55  that governs interscholastic athletic competition in this state
   56  which meets the requirements of this section. The commissioner
   57  may identify other associations that govern interscholastic
   58  athletic competition in compliance with this section The bylaws
   59  of the FHSAA are the rules by which high school athletic
   60  programs in its member schools, and the students who participate
   61  in them, are governed, unless otherwise specifically provided by
   62  statute. For the purposes of this section, “high school”
   63  includes grades 6 through 12.
   64         Section 2. This act shall take effect July 1, 2016.