Florida Senate - 2021                                     SB 760
       By Senator Burgess
       20-00571A-21                                           2021760__
    1                        A bill to be entitled                      
    2         An act relating to the Florida High School Athletic
    3         Association (FHSAA); amending s. 1006.20, F.S.;
    4         requiring the FHSAA to allow certain schools and home
    5         education cooperatives to maintain full membership in
    6         the association or to join by sport; prohibiting the
    7         FHSAA from discouraging such school or cooperative
    8         from simultaneously maintaining membership in another
    9         athletic association; requiring, rather than
   10         authorizing, the FHSAA to allow public schools to join
   11         other athletic associations; prohibiting the FHSAA
   12         from taking retributory or discriminatory actions
   13         against member schools that join other athletic
   14         associations; prohibiting the FHSAA from taking
   15         certain actions against specified entities that choose
   16         not to participate in the association for any sport;
   17         providing an effective date.
   19  Be It Enacted by the Legislature of the State of Florida:
   21         Section 1. Subsection (1) of section 1006.20, Florida
   22  Statutes, is amended to read:
   23         1006.20 Athletics in public K-12 schools.—
   24         (1) GOVERNING NONPROFIT ORGANIZATION.—The Florida High
   25  School Athletic Association (FHSAA) is designated as the
   26  governing nonprofit organization of athletics in Florida public
   27  schools. If the FHSAA fails to meet the provisions of this
   28  section, the commissioner shall designate a nonprofit
   29  organization to govern athletics with the approval of the State
   30  Board of Education. The FHSAA is not a state agency as defined
   31  in s. 120.52. The FHSAA shall be subject to the provisions of s.
   32  1006.19. A private school that wishes to engage in high school
   33  athletic competition with a public high school may become a
   34  member of the FHSAA. Any high school in the state, including
   35  charter schools, virtual schools, and home education
   36  cooperatives, may become a member of the FHSAA and participate
   37  in the activities of the FHSAA. However, membership in the FHSAA
   38  is not mandatory for any school. The FHSAA must allow a private
   39  school or a public school, including a charter school, a virtual
   40  school, and a home education cooperative, the option of
   41  maintaining full membership in the association or joining by
   42  sport and may not discourage such school or cooperative a
   43  private school from simultaneously maintaining membership in
   44  another athletic association. The FHSAA must may allow a public
   45  school the option to apply for consideration to join another
   46  athletic association. The FHSAA may not deny or discourage
   47  interscholastic competition between its member schools and non
   48  FHSAA member Florida schools, including members of another
   49  athletic governing organization, and may not take any
   50  retributory or discriminatory action against any of its member
   51  schools that join another athletic association or that
   52  participate in interscholastic competition with non-FHSAA member
   53  Florida schools. The FHSAA may not punish, discourage,
   54  intimidate, or penalize any private school or public school,
   55  including a charter school, a virtual school, and a home
   56  education cooperative, from choosing not to participate in the
   57  association for any sport. The FHSAA may not unreasonably
   58  withhold its approval of an application to become an affiliate
   59  member of the National Federation of State High School
   60  Associations submitted by any other organization that governs
   61  interscholastic athletic competition in this state. The bylaws
   62  of the FHSAA are the rules by which high school athletic
   63  programs in its member schools, and the students who participate
   64  in them, are governed, unless otherwise specifically provided by
   65  statute. For the purposes of this section, “high school”
   66  includes grades 6 through 12.
   67         Section 2. This act shall take effect July 1, 2021.