Florida Senate - 2022                                     SB 738
       
       
        
       By Senator Hutson
       
       
       
       
       
       7-00454A-22                                            2022738__
    1                        A bill to be entitled                      
    2         An act relating to athletic associations; amending s.
    3         1006.20, F.S.; authorizing the Commissioner of
    4         Education, with the approval of the State Board of
    5         Education, to approve nonprofit athletic associations
    6         that meet certain requirements; defining the term
    7         “approved athletic association” and including the
    8         Florida High School Athletic Association within the
    9         meaning of that term; specifying that both private
   10         high schools and traditional public high schools are
   11         authorized to become members of an approved athletic
   12         association; providing that approved athletic
   13         associations are subject to certain requirements;
   14         requiring approved athletic associations to adopt
   15         certain bylaws; conforming provisions to changes made
   16         by the act; amending ss. 768.135, 1002.20, 1002.42,
   17         1006.15, 1006.165, 1006.18, 1006.195, 1012.468,
   18         1012.795, and 1012.796, F.S.; conforming cross
   19         references and provisions to changes made by the act;
   20         providing an effective date.
   21  
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Present subsections (2) through (8) of section
   25  1006.20, Florida Statutes, are redesignated as subsections (3)
   26  through (9), respectively, and subsection (1) and present
   27  subsections (2) and (7) of that section are amended, to read:
   28         1006.20 Athletics in public K-12 schools.—
   29         (1) GOVERNING NONPROFIT ASSOCIATION ORGANIZATION.—The
   30  Florida High School Athletic Association (FHSAA) is designated
   31  as a the governing nonprofit athletic association organization
   32  of athletics in Florida public schools. In addition to the FHSAA
   33  If the FHSAA fails to meet the provisions of this section, the
   34  commissioner, with the approval of the State Board of Education,
   35  may approve other shall designate a nonprofit athletic
   36  associations. As used in this section, the term “approved
   37  athletic association” means the FHSAA or another nonprofit
   38  athletic association approved by the commissioner organization
   39  to govern athletics with the approval of the State Board of
   40  Education. An approved athletic association The FHSAA is not a
   41  state agency as defined in s. 120.52 but is. The FHSAA shall be
   42  subject to ss. 1006.15-1006.19 the provisions of s. 1006.19.
   43         (2)MEMBERSHIP.—A private school that wishes to engage in
   44  high school athletic competition with a public high school may
   45  become a member of the FHSAA. Any high school in this the state,
   46  including private schools, traditional public schools, charter
   47  schools, virtual schools, and home education cooperatives, may
   48  become a member of an approved athletic association the FHSAA
   49  and participate in the activities of the FHSAA. However,
   50  membership in an association the FHSAA is not mandatory for any
   51  school. An approved athletic association The FHSAA must allow
   52  any a private school or cooperative the option of maintaining
   53  full membership in the association or joining by sport and may
   54  not discourage any a private school or cooperative from
   55  simultaneously maintaining membership in another approved
   56  athletic association. An approved athletic association The FHSAA
   57  may allow a public school the option to apply for consideration
   58  to join another athletic association. The FHSAA may not deny or
   59  discourage interscholastic competition between its member
   60  schools and nonmember non-FHSAA member Florida schools,
   61  including members of another approved athletic association
   62  governing organization, and may not take any retributory or
   63  discriminatory action against any of its member schools that
   64  participate in interscholastic competition with nonmember non
   65  FHSAA member Florida schools. The FHSAA may not unreasonably
   66  withhold its approval of an application to become an affiliate
   67  member of the National Federation of State High School
   68  Associations submitted by any other approved athletic
   69  association organization that governs interscholastic athletic
   70  competition in this state. The respective bylaws of each
   71  approved athletic association the FHSAA are the rules by which
   72  high school athletic programs in its member schools, and the
   73  students who participate in them, are governed, unless otherwise
   74  specifically provided by statute. For the purposes of this
   75  section, the term “high school” includes grades 6 through 12.
   76         (3)(2) ADOPTION OF BYLAWS, POLICIES, OR GUIDELINES.—
   77         (a) An approved athletic association the FHSAA shall adopt
   78  bylaws that, unless specifically provided by statute, establish
   79  eligibility requirements for all students who participate in
   80  high school athletic competition in its member schools. The
   81  bylaws governing residence and transfer must shall allow the
   82  student to be immediately eligible in the school in which he or
   83  she first enrolls each school year or the school in which the
   84  student makes himself or herself a candidate for an athletic
   85  team by engaging in a practice before prior to enrolling in the
   86  school. The bylaws also must shall also allow the student to be
   87  immediately eligible in the school to which the student has
   88  transferred. The student is shall be eligible in that school so
   89  long as he or she remains enrolled in that school. Subsequent
   90  eligibility must shall be determined and enforced as provided in
   91  through the association’s FHSAA’s bylaws. Requirements governing
   92  eligibility and transfer between member schools must shall be
   93  applied similarly to public school students and private school
   94  students.
   95         (b) An approved athletic association the FHSAA shall adopt
   96  bylaws that specifically prohibit the recruiting of students for
   97  athletic purposes. The bylaws must shall prescribe penalties and
   98  an appeals process for athletic recruiting violations.
   99         1. If it is determined that a school has recruited a
  100  student in violation of association FHSAA bylaws, the
  101  association FHSAA may require the school to participate in a
  102  higher classification for the sport in which the recruited
  103  student competes for a minimum of one classification cycle, in
  104  addition to the penalties in subparagraphs 2. and 3. and any
  105  other appropriate fine or sanction imposed on the school, its
  106  coaches, or adult representatives who violate recruiting rules.
  107         2. Any recruitment by a school district employee or
  108  contractor in violation of association FHSAA bylaws results in
  109  escalating punishments as follows:
  110         a. For a first offense, a $5,000 forfeiture of pay for the
  111  school district employee or contractor who committed the
  112  violation.
  113         b. For a second offense, suspension without pay for 12
  114  months from coaching, directing, or advertising an
  115  extracurricular activity and a $5,000 forfeiture of pay for the
  116  school district employee or contractor who committed the
  117  violation.
  118         c. For a third offense, a $5,000 forfeiture of pay for the
  119  school district employee or contractor who committed the
  120  violation. If the individual who committed the violation holds
  121  an educator certificate, the association must FHSAA shall also
  122  refer the violation to the department for review pursuant to s.
  123  1012.796 to determine whether probable cause exists, and, if
  124  there is a finding of probable cause, the commissioner must
  125  shall file a formal complaint against the individual. If the
  126  complaint is upheld, the individual’s educator certificate must
  127  shall be revoked for 3 years, in addition to any penalties
  128  available under s. 1012.796. Additionally, the department shall
  129  revoke any adjunct teaching certificates issued pursuant to s.
  130  1012.57 and all permissions under ss. 1012.39 and 1012.43, and
  131  the educator is ineligible for such certificates or permissions
  132  for a period of time equal to the period of revocation of his or
  133  her state-issued certificate.
  134         3. Notwithstanding any other provision of law, a school,
  135  team, or activity shall forfeit all competitions, including
  136  honors resulting from such competitions, in which a student who
  137  participated in any fashion was recruited in a manner prohibited
  138  pursuant to state law or the association FHSAA bylaws.
  139         4. A student may not be declared ineligible based on
  140  violation of recruiting rules unless the student or parent has
  141  falsified any enrollment or eligibility document or accepted any
  142  benefit if such benefit is not generally available to the
  143  school’s students or family members or is based in any way on
  144  athletic interest, potential, or performance.
  145         5. A student’s eligibility to participate in any
  146  interscholastic or intrascholastic extracurricular activity, as
  147  determined by a district school board pursuant to s.
  148  1006.195(1)(a)3., may not be affected by any alleged recruiting
  149  violation until final disposition of the allegation.
  150         (c) An approved athletic association the FHSAA shall adopt
  151  bylaws that require all students participating in
  152  interscholastic athletic competition or who are candidates for
  153  an interscholastic athletic team to satisfactorily pass a
  154  medical evaluation each year before participating in
  155  interscholastic athletic competition or engaging in any
  156  practice, tryout, workout, conditioning, or other physical
  157  activity associated with the student’s candidacy for an
  158  interscholastic athletic team, including activities that occur
  159  outside of the school year. Such medical evaluation may be
  160  administered only by a practitioner licensed under chapter 458,
  161  chapter 459, chapter 460, or s. 464.012 or registered under s.
  162  464.0123 and in good standing with the practitioner’s regulatory
  163  board. The bylaws must shall establish requirements for
  164  eliciting a student’s medical history and performing the medical
  165  evaluation required under this paragraph, which shall include a
  166  physical assessment of the student’s physical capabilities to
  167  participate in interscholastic athletic competition as contained
  168  in a uniform preparticipation physical evaluation and history
  169  form. The evaluation form must shall incorporate the
  170  recommendations of the American Heart Association for
  171  participation cardiovascular screening and shall provide a place
  172  for the signature of the practitioner performing the evaluation
  173  with an attestation that each examination procedure listed on
  174  the form was performed by the practitioner or by someone under
  175  the direct supervision of the practitioner. The form must shall
  176  also contain a place for the practitioner to indicate if a
  177  referral to another practitioner was made in lieu of completion
  178  of a certain examination procedure. The form must shall provide
  179  a place for the practitioner to whom the student was referred to
  180  complete the remaining sections and attest to that portion of
  181  the examination. The preparticipation physical evaluation form
  182  must shall advise students to complete a cardiovascular
  183  assessment and must shall include information concerning
  184  alternative cardiovascular evaluation and diagnostic tests.
  185  Results of such medical evaluation must be provided to the
  186  school. A student is not eligible to participate, as provided in
  187  s. 1006.15(3), in any interscholastic athletic competition or
  188  engage in any practice, tryout, workout, or other physical
  189  activity associated with the student’s candidacy for an
  190  interscholastic athletic team until the results of the medical
  191  evaluation have been received and approved by the school.
  192         (d) Notwithstanding the provisions of paragraph (c), a
  193  student may participate in interscholastic athletic competition
  194  or be a candidate for an interscholastic athletic team if the
  195  parent of the student objects in writing to the student
  196  undergoing a medical evaluation because such evaluation is
  197  contrary to his or her religious tenets or practices. However,
  198  in such case, there may not shall be no liability on the part of
  199  any person or entity in a position to otherwise rely on the
  200  results of such medical evaluation for any damages resulting
  201  from the student’s injury or death arising directly from the
  202  student’s participation in interscholastic athletics where an
  203  undisclosed medical condition that would have been revealed in
  204  the medical evaluation is a proximate cause of the injury or
  205  death.
  206         (e) An approved athletic association the FHSAA shall adopt
  207  bylaws that regulate persons who conduct investigations on
  208  behalf of the association FHSAA. The bylaws must shall include
  209  provisions that require an investigator to:
  210         1. Undergo level 2 background screening under s. 435.04,
  211  establishing that the investigator has not committed any
  212  disqualifying offense listed in s. 435.04, unless the
  213  investigator can provide proof of compliance with level 2
  214  screening standards submitted within the previous 5 years to
  215  meet any professional licensure requirements, provided:
  216         a. The investigator has not had a break in service from a
  217  position that requires level 2 screening for more than 90 days;
  218  and
  219         b. The investigator submits, under penalty of perjury, an
  220  affidavit verifying that the investigator has not committed any
  221  disqualifying offense listed in s. 435.04 and is in full
  222  compliance with this paragraph.
  223         2. Be appointed as an investigator by the executive
  224  director.
  225         3. Carry a photo identification card that shows the
  226  association’s FHSAA name and, logo, and the investigator’s
  227  official title.
  228         4. Adhere to the following guidelines:
  229         a. Investigate only those alleged violations assigned by
  230  the executive director or the board of directors.
  231         b. Conduct interviews on Monday through Friday between the
  232  hours of 9 a.m. and 7 p.m. only, unless previously agreed to by
  233  the interviewee.
  234         c. Allow the parent of any student being interviewed to be
  235  present during the interview.
  236         d. Search residences or other private areas only with the
  237  permission of the executive director and the written consent of
  238  the student’s parent and only with a parent or a representative
  239  of the parent present.
  240         (f) An approved athletic association the FHSAA shall adopt
  241  bylaws that establish sanctions for coaches who have committed
  242  major violations of the association’s FHSAA’s bylaws and
  243  policies.
  244         1. Major violations include, but are not limited to,
  245  knowingly allowing an ineligible student to participate in a
  246  contest representing a member school in an interscholastic
  247  contest or committing a violation of the association’s FHSAA’s
  248  recruiting or sportsmanship policies.
  249         2. Sanctions placed upon an individual coach may include,
  250  but are not limited to, prohibiting or suspending the coach from
  251  coaching, participating in, or attending any athletic activity
  252  sponsored, recognized, or sanctioned by the association FHSAA
  253  and the member school for which the coach committed the
  254  violation. If a coach is sanctioned by the association FHSAA and
  255  the coach transfers to another member school, those sanctions
  256  remain in full force and effect during the term of the sanction.
  257         3. If a member school is assessed a financial penalty as a
  258  result of a coach committing a major violation, the coach must
  259  shall reimburse the member school before being allowed to coach,
  260  participate in, or attend any athletic activity sponsored,
  261  recognized, or sanctioned by the association FHSAA and a member
  262  school.
  263         4. The association FHSAA shall establish a due process
  264  procedure for coaches sanctioned under this paragraph,
  265  consistent with the appeals procedures set forth in subsection
  266  (8) (7).
  267         (g) An approved athletic association the FHSAA shall adopt
  268  bylaws establishing the process and standards by which the
  269  association’s FHSAA determinations of eligibility are made. Such
  270  bylaws must shall provide that:
  271         1. Ineligibility must be established by a preponderance of
  272  the evidence;
  273         2. Student athletes, parents, and schools must have notice
  274  of the initiation of any investigation or other inquiry into
  275  eligibility and may present, to the investigator and to the
  276  individual making the eligibility determination, any information
  277  or evidence that is credible, persuasive, and of a kind
  278  reasonably prudent persons rely upon in the conduct of serious
  279  affairs;
  280         3. An investigator may not determine matters of eligibility
  281  but must submit information and evidence to the executive
  282  director or a person designated by the executive director or by
  283  the board of directors for an unbiased and objective
  284  determination of eligibility; and
  285         4. A determination of ineligibility must be made in
  286  writing, setting forth the findings of fact and specific
  287  violation upon which the decision is based.
  288         (h) In lieu of bylaws adopted under paragraph (g), an
  289  approved athletic association the FHSAA may adopt bylaws
  290  providing as a minimum the procedural safeguards of ss. 120.569
  291  and 120.57, making appropriate provision for appointment of
  292  unbiased and qualified hearing officers.
  293         (i) An approved athletic association’s the FHSAA bylaws may
  294  not limit the competition of student athletes prospectively for
  295  rule violations of their school or its coaches or their adult
  296  representatives. The association FHSAA bylaws may not unfairly
  297  punish student athletes for eligibility or recruiting violations
  298  perpetrated by a teammate, coach, or administrator. Contests may
  299  not be forfeited for inadvertent eligibility violations unless
  300  the coach or a school administrator should have known of the
  301  violation. Contests may not be forfeited for other eligibility
  302  violations or recruiting violations in excess of the number of
  303  contests that the coaches and adult representatives responsible
  304  for the violations are prospectively suspended.
  305         (j) An approved athletic association the FHSAA shall adopt
  306  guidelines to educate athletic coaches, officials,
  307  administrators, and student athletes and their parents of the
  308  nature and risk of concussion and head injury.
  309         (k) An approved athletic association the FHSAA shall adopt
  310  bylaws or policies that require the parent of a student who is
  311  participating in interscholastic athletic competition or who is
  312  a candidate for an interscholastic athletic team to sign and
  313  return an informed consent that explains the nature and risk of
  314  concussion and head injury, including the risk of continuing to
  315  play after concussion or head injury, each year before
  316  participating in interscholastic athletic competition or
  317  engaging in any practice, tryout, workout, or other physical
  318  activity associated with the student’s candidacy for an
  319  interscholastic athletic team.
  320         (l) An approved athletic association the FHSAA shall adopt
  321  bylaws or policies that require each student athlete who is
  322  suspected of sustaining a concussion or head injury in a
  323  practice or competition to be immediately removed from the
  324  activity. A student athlete who has been removed from an
  325  activity may not return to practice or competition until the
  326  student submits to the school a written medical clearance to
  327  return stating that the student athlete no longer exhibits
  328  signs, symptoms, or behaviors consistent with a concussion or
  329  other head injury. Medical clearance must be authorized by the
  330  appropriate health care practitioner trained in the diagnosis,
  331  evaluation, and management of concussions as defined by the
  332  Sports Medicine Advisory Committee of the Florida High School
  333  Athletic Association.
  334         (m) An approved athletic association The FHSAA shall adopt
  335  bylaws for the establishment and duties of a sports medicine
  336  advisory committee composed of the following members:
  337         1. Eight physicians licensed under chapter 458 or chapter
  338  459 with at least one member licensed under chapter 459.
  339         2. One chiropractor licensed under chapter 460.
  340         3. One podiatrist licensed under chapter 461.
  341         4. One dentist licensed under chapter 466.
  342         5. Three athletic trainers licensed under part XIII of
  343  chapter 468.
  344         6. One member who is a current or retired head coach of a
  345  high school in the state.
  346         (8)(7) APPEALS.—
  347         (a) An approved athletic association the FHSAA shall
  348  establish a procedure of due process which ensures each student
  349  the opportunity to appeal an unfavorable ruling with regard to
  350  his or her eligibility to compete. The initial appeal shall be
  351  made to a committee on appeals within the administrative region
  352  in which the student lives. The approved athletic association’s
  353  FHSAA’s bylaws must shall establish the number, size, and
  354  composition of each committee on appeals.
  355         (b) No member of the board of directors is eligible to
  356  serve on a committee on appeals.
  357         (c) Members of a committee on appeals shall serve terms of
  358  3 years and are eligible to succeed themselves only once. A
  359  member of a committee on appeals may serve a maximum of 6
  360  consecutive years. The approved athletic association’s FHSAA’s
  361  bylaws must shall establish a rotation of terms to ensure that a
  362  majority of the members’ terms do not expire concurrently.
  363         (d) The authority and duties of a committee on appeals
  364  shall be to consider requests by member schools seeking
  365  exceptions to bylaws and regulations, to hear undue hardship
  366  eligibility cases filed by member schools on behalf of student
  367  athletes, and to hear appeals filed by member schools or student
  368  athletes.
  369         (e) A student athlete or member school that receives an
  370  unfavorable ruling from a committee on appeals shall be entitled
  371  to appeal that decision to the board of directors at its next
  372  regularly scheduled meeting or called meeting. The board of
  373  directors shall have the authority to uphold, reverse, or amend
  374  the decision of the committee on appeals. In all such cases, the
  375  decision of the board of directors shall be final.
  376         (f) The approved athletic association FHSAA shall expedite
  377  the appeals process on determinations of ineligibility so that
  378  disposition of the appeal can be made before the end of the
  379  applicable sports season, if possible.
  380         (g) In any appeal from a decision on eligibility made by
  381  the executive director or a designee, a school or student
  382  athlete filing the appeal must be permitted to present
  383  information and evidence that was not available at the time of
  384  the initial determination or if the determination was not made
  385  by an unbiased, objective individual using a process allowing
  386  full due process rights to be heard and to present evidence. If
  387  evidence is presented on appeal, a de novo decision must be made
  388  by the committee or board hearing the appeal, or the
  389  determination may be suspended and the matter remanded for a new
  390  determination based on all the evidence. If a de novo decision
  391  is made on appeal, the decision must be made in writing, setting
  392  forth the findings of fact and specific violation upon which the
  393  decision is based. If a de novo decision is not required, the
  394  decision appealed must be set aside if the decision on
  395  ineligibility was not based on clear and convincing evidence.
  396  Any further appeal shall be considered on a record that includes
  397  all evidence presented.
  398         Section 2. Subsection (3) of section 768.135, Florida
  399  Statutes, is amended to read:
  400         768.135 Volunteer team physicians; immunity.—
  401         (3) A practitioner licensed under chapter 458, chapter 459,
  402  chapter 460, or s. 464.012 or registered under s. 464.0123 who
  403  gratuitously and in good faith conducts an evaluation pursuant
  404  to s. 1006.20(3)(c) s. 1006.20(2)(c) is not liable for any civil
  405  damages arising from that evaluation unless the evaluation was
  406  conducted in a wrongful manner.
  407         Section 3. Subsection (17) of section 1002.20, Florida
  408  Statutes, is amended to read:
  409         1002.20 K-12 student and parent rights.—Parents of public
  410  school students must receive accurate and timely information
  411  regarding their child’s academic progress and must be informed
  412  of ways they can help their child to succeed in school. K-12
  413  students and their parents are afforded numerous statutory
  414  rights including, but not limited to, the following:
  415         (17) ATHLETICS; PUBLIC HIGH SCHOOL.—
  416         (a) Eligibility.—Eligibility requirements for all students
  417  participating in high school athletic competition must allow a
  418  student to be immediately eligible in the school in which he or
  419  she first enrolls each school year, the school in which the
  420  student makes himself or herself a candidate for an athletic
  421  team by engaging in practice before enrolling, or the school to
  422  which the student has transferred, in accordance with s.
  423  1006.20(3)(a) s. 1006.20(2)(a).
  424         (b) Medical evaluation.—Students must satisfactorily pass a
  425  medical evaluation each year before participating in athletics,
  426  unless the parent objects in writing based on religious tenets
  427  or practices, in accordance with s. 1006.20(3)(d) the provisions
  428  of s. 1006.20(2)(d).
  429         Section 4. Subsection (8) of section 1002.42, Florida
  430  Statutes, is amended to read:
  431         1002.42 Private schools.—
  432         (8) ATHLETIC COMPETITION.—A private school may participate
  433  in athletic competition with a public high school by joining an
  434  approved athletic association in accordance with s. 1006.20 the
  435  provisions of s. 1006.20(1).
  436         Section 5. Subsection (8) and paragraph (a) of subsection
  437  (9) of section 1006.15, Florida Statutes, are amended to read:
  438         1006.15 Student standards for participation in
  439  interscholastic and intrascholastic extracurricular student
  440  activities; regulation.—
  441         (8)(a) An approved athletic association under s. 1006.20
  442  the Florida High School Athletic Association (FHSAA), in
  443  cooperation with each district school board, shall facilitate a
  444  program in which a middle school or high school student who
  445  attends a private school shall be eligible to participate in an
  446  interscholastic or intrascholastic sport at a public high
  447  school, a public middle school, or a 6-12 public school to which
  448  the student would be assigned according to district school board
  449  attendance area policies and procedures or which the student
  450  could choose to attend pursuant to s. 1002.31, provided the
  451  public school has not reached capacity as determined by the
  452  district school board, if:
  453         1. The private school in which the student is enrolled is
  454  not a member of the association FHSAA.
  455         2. The private school student meets the guidelines for the
  456  conduct of the program established by the association’s FHSAA’s
  457  board of directors and the district school board. At a minimum,
  458  such guidelines must shall provide:
  459         a. a deadline for each sport by which the private school
  460  student’s parents must register with the public school in
  461  writing their intent for their child to participate at that
  462  school in the sport.
  463         b.Requirements for a private school student to
  464  participate, including, but not limited to, meeting the same
  465  standards of eligibility, acceptance, behavior, educational
  466  progress, and performance which apply to other students
  467  participating in interscholastic or intrascholastic sports at a
  468  public school or FHSAA member private school.
  469         (b) The parents of a private school student participating
  470  in a public school sport under this subsection are responsible
  471  for transporting their child to and from the public school at
  472  which the student participates. The private school the student
  473  attends, the public school at which the student participates in
  474  a sport, the district school board, and the association FHSAA
  475  are exempt from civil liability arising from any injury that
  476  occurs to the student during such transportation.
  477         (c) For each academic year, a private school student may
  478  only participate at the public school in which the student is
  479  first registered under subparagraph (a)2. sub-subparagraph
  480  (a)2.a. or makes himself or herself a candidate for an athletic
  481  team by engaging in a practice.
  482         (d) The athletic director of each participating association
  483  FHSAA member public school shall maintain the student records
  484  necessary for eligibility, compliance, and participation in the
  485  program.
  486         (e) Any nonmember non-FHSAA member private school that has
  487  a student who wishes to participate in this program must make
  488  all student records, including, but not limited to, academic,
  489  financial, disciplinary, and attendance records, available upon
  490  request of the association FHSAA.
  491         (f) A student must apply to participate in this program
  492  through the association’s FHSAA program application process.
  493         (g) Only students who are enrolled in nonmember non-FHSAA
  494  member private schools consisting of 125 students or fewer are
  495  eligible to participate in the program in any given academic
  496  year.
  497         (9)(a) A student who transfers to a school during the
  498  school year may seek to immediately join an existing team if the
  499  roster for the specific interscholastic or intrascholastic
  500  extracurricular activity has not reached the activity’s
  501  identified maximum size and if the coach for the activity
  502  determines that the student has the requisite skill and ability
  503  to participate. The association FHSAA and school district or
  504  charter school may not declare such a student ineligible because
  505  the student did not have the opportunity to comply with
  506  qualifying requirements.
  507         Section 6. Paragraph (a) of subsection (1) and paragraph
  508  (a) of subsection (2) of section 1006.165, Florida Statutes, are
  509  amended to read:
  510         1006.165 Well-being of students participating in
  511  extracurricular activities; training.—
  512         (1)(a) Each public school that is a member of an approved
  513  athletic association under s. 1006.20 the Florida High School
  514  Athletic Association (FHSAA) must have an operational automated
  515  external defibrillator on the school grounds. The defibrillator
  516  must be available in a clearly marked and publicized location
  517  for each athletic contest, practice, workout, or conditioning
  518  session, including those conducted outside of the school year.
  519  Public and private partnerships are encouraged to cover the cost
  520  associated with the purchase and placement of the defibrillator
  521  and training in the use of the defibrillator.
  522         (2)(a) In order to better protect student athletes
  523  participating in athletics during hot weather and avoid
  524  preventable injury or death, an approved athletic association
  525  under s. 1006.20 the FHSAA shall:
  526         1. Make training and resources available to each member
  527  school for the effective monitoring of heat stress.
  528         2. Establish guidelines for monitoring heat stress and
  529  identify heat stress levels at which a school must make a
  530  cooling zone available for each outdoor athletic contest,
  531  practice, workout, or conditioning session. Heat stress must be
  532  determined by measuring the ambient temperature, humidity, wind
  533  speed, sun angle, and cloud cover at the site of the athletic
  534  activity.
  535         3. Require member schools to monitor heat stress and modify
  536  athletic activities, including suspending or moving activities,
  537  based on the heat stress guidelines.
  538         4. Establish hydration guidelines, including appropriate
  539  introduction of electrolytes after extended activities or when a
  540  student participates in multiple activities in a day.
  541         5. Establish requirements for cooling zones, including, at
  542  a minimum, the immediate availability of cold-water immersion
  543  tubs or equivalent means to rapidly cool internal body
  544  temperature when a student exhibits symptoms of exertional heat
  545  stroke and the presence of an employee or volunteer trained to
  546  implement cold-water immersion.
  547         6. Require each school’s emergency action plan, as required
  548  by the association FHSAA, to include a procedure for onsite
  549  cooling using cold-water immersion or equivalent means before a
  550  student is transported to a hospital for exertional heat stroke.
  551  
  552  The requirements of this paragraph apply year-round.
  553         Section 7. Section 1006.18, Florida Statutes, is amended to
  554  read:
  555         1006.18 Cheerleader safety standards.—An approved athletic
  556  association under s. 1006.20 the Florida High School Athletic
  557  Association or successor organization shall adopt statewide
  558  uniform safety standards for student cheerleaders and spirit
  559  groups that participate in any school activity or
  560  extracurricular student activity, if applicable. Such approved
  561  athletic association the Florida High School Athletic
  562  Association or successor organization shall adopt the “Official
  563  High School Spirit Rules,” published by the National Federation
  564  of State High School Associations, as the statewide uniform
  565  safety standards.
  566         Section 8. Paragraph (a) of subsection (1) and subsection
  567  (2) of section 1006.195, Florida Statutes, are amended to read:
  568         1006.195 District school board, charter school authority
  569  and responsibility to establish student eligibility regarding
  570  participation in interscholastic and intrascholastic
  571  extracurricular activities.—Notwithstanding any provision to the
  572  contrary in ss. 1006.15, 1006.18, and 1006.20, regarding student
  573  eligibility to participate in interscholastic and
  574  intrascholastic extracurricular activities:
  575         (1)(a) A district school board must establish, through its
  576  code of student conduct, student eligibility standards and
  577  related student disciplinary actions regarding student
  578  participation in interscholastic and intrascholastic
  579  extracurricular activities. The code of student conduct must
  580  provide that:
  581         1. A student not currently suspended from interscholastic
  582  or intrascholastic extracurricular activities, or suspended or
  583  expelled from school, pursuant to a district school board’s
  584  suspension or expulsion powers provided in law, including ss.
  585  1006.07, 1006.08, and 1006.09, is eligible to participate in
  586  interscholastic and intrascholastic extracurricular activities.
  587         2. A student may not participate in a sport if the student
  588  participated in that same sport at another school during that
  589  school year, unless the student meets the criteria in s.
  590  1006.15(3)(h).
  591         3. A student’s eligibility to participate in any
  592  interscholastic or intrascholastic extracurricular activity may
  593  not be affected by any alleged recruiting violation until final
  594  disposition of the allegation pursuant to s. 1006.20(3)(b) s.
  595  1006.20(2)(b).
  596         (2)(a) An approved athletic association the Florida High
  597  School Athletic Association (FHSAA) continues to retain
  598  jurisdiction over the following provisions in s. 1006.20, which
  599  may not be implemented in a manner contrary to this section:
  600  membership in the association FHSAA; recruiting prohibitions and
  601  violations; student medical evaluations; investigations;
  602  sanctions for coaches; school eligibility and forfeiture of
  603  contests; student concussions or head injuries; the sports
  604  medical advisory committee; and the general operational
  605  provisions of the association FHSAA.
  606         (b) An approved athletic association under s. 1006.20 the
  607  FHSAA must adopt, and prominently publish, the text of this
  608  section on its website and in its bylaws, rules, procedures,
  609  training and education materials, and all other governing
  610  authority documents by August 1, 2016.
  611         Section 9. Paragraph (g) of subsection (2) of section
  612  1012.468, Florida Statutes, is amended to read:
  613         1012.468 Exceptions to certain fingerprinting and criminal
  614  history checks.—
  615         (2) A district school board shall exempt from the screening
  616  requirements set forth in ss. 1012.465 and 1012.467 the
  617  following noninstructional contractors:
  618         (g) An investigator for an approved athletic association
  619  the Florida High School Athletic Association (FHSAA) who meets
  620  the requirements under s. 1006.20(3)(e) s. 1006.20(2)(e).
  621         Section 10. Paragraph (o) of subsection (1) of section
  622  1012.795, Florida Statutes, is amended to read:
  623         1012.795 Education Practices Commission; authority to
  624  discipline.—
  625         (1) The Education Practices Commission may suspend the
  626  educator certificate of any instructional personnel or school
  627  administrator, as defined in s. 1012.01(2) or (3), for up to 5
  628  years, thereby denying that person the right to teach or
  629  otherwise be employed by a district school board or public
  630  school in any capacity requiring direct contact with students
  631  for that period of time, after which the person may return to
  632  teaching as provided in subsection (4); may revoke the educator
  633  certificate of any person, thereby denying that person the right
  634  to teach or otherwise be employed by a district school board or
  635  public school in any capacity requiring direct contact with
  636  students for up to 10 years, with reinstatement subject to
  637  subsection (4); may permanently revoke the educator certificate
  638  of any person thereby denying that person the right to teach or
  639  otherwise be employed by a district school board or public
  640  school in any capacity requiring direct contact with students;
  641  may suspend a person’s educator certificate, upon an order of
  642  the court or notice by the Department of Revenue relating to the
  643  payment of child support; may direct the department to place a
  644  certificateholder employed by a public school, charter school,
  645  charter school governing board, or private school that
  646  participates in a state scholarship program under chapter 1002
  647  on the disqualification list maintained by the department
  648  pursuant to s. 1001.10(4)(b) for misconduct that would render
  649  the person ineligible pursuant to s. 1012.315 or sexual
  650  misconduct with a student; or may impose any other penalty
  651  provided by law, if the person:
  652         (o) Has committed a third recruiting offense as determined
  653  by an approved athletic association the Florida High School
  654  Athletic Association (FHSAA) pursuant to s. 1006.20(3)(b) s.
  655  1006.20(2)(b).
  656         Section 11. Subsections (3) and (7) of section 1012.796,
  657  Florida Statutes, are amended to read:
  658         1012.796 Complaints against teachers and administrators;
  659  procedure; penalties.—
  660         (3) The department staff shall advise the commissioner
  661  concerning the findings of the investigation and of all
  662  referrals by an approved athletic association the Florida High
  663  School Athletic Association (FHSAA) pursuant to ss.
  664  1006.20(3)(b) 1006.20(2)(b) and 1012.795. The department general
  665  counsel or members of that staff shall review the investigation
  666  or the referral and advise the commissioner concerning probable
  667  cause or lack thereof. The determination of probable cause shall
  668  be made by the commissioner. The commissioner shall provide an
  669  opportunity for a conference, if requested, before prior to
  670  determining probable cause. The commissioner may enter into
  671  deferred prosecution agreements in lieu of finding probable
  672  cause if, in his or her judgment, such agreements are in the
  673  best interests of the department, the certificateholder, and the
  674  public. Such deferred prosecution agreements shall become
  675  effective when filed with the clerk of the Education Practices
  676  Commission. However, a deferred prosecution agreement may not be
  677  entered into if there is probable cause to believe that a felony
  678  or an act of moral turpitude, as defined by rule of the State
  679  Board of Education, has occurred, or for referrals by an
  680  approved athletic association the FHSAA. Upon finding no
  681  probable cause, the commissioner shall dismiss the complaint and
  682  may issue a letter of guidance to the certificateholder.
  683         (7) A panel of the commission shall enter a final order
  684  either dismissing the complaint or imposing one or more of the
  685  following penalties:
  686         (a) Denial of an application for a certificate or for an
  687  administrative or supervisory endorsement on a teaching
  688  certificate. The denial may provide that the applicant may not
  689  reapply for certification, and that the department may refuse to
  690  consider that applicant’s application, for a specified period of
  691  time or permanently.
  692         (b) Revocation or suspension of a certificate.
  693         (c) Imposition of an administrative fine not to exceed
  694  $2,000 for each count or separate offense.
  695         (d) Placement of the teacher, administrator, or supervisor
  696  on probation for a period of time and subject to such conditions
  697  as the commission may specify, including requiring the certified
  698  teacher, administrator, or supervisor to complete additional
  699  appropriate college courses or work with another certified
  700  educator, with the administrative costs of monitoring the
  701  probation assessed to the educator placed on probation. An
  702  educator who has been placed on probation shall, at a minimum:
  703         1. Immediately notify the investigative office in the
  704  Department of Education upon employment or separation from
  705  employment in any public or private position requiring a Florida
  706  educator’s certificate.
  707         2. Have his or her immediate supervisor submit annual
  708  performance reports to the investigative office in the
  709  Department of Education.
  710         3. Pay to the commission within the first 6 months of each
  711  probation year the administrative costs of monitoring probation
  712  assessed to the educator.
  713         4. Violate no law and fully comply with all district school
  714  board policies, school rules, and State Board of Education
  715  rules.
  716         5. Satisfactorily perform his or her assigned duties in a
  717  competent, professional manner.
  718         6. Bear all costs of complying with the terms of a final
  719  order entered by the commission.
  720         (e) Restriction of the authorized scope of practice of the
  721  teacher, administrator, or supervisor.
  722         (f) Reprimand of the teacher, administrator, or supervisor
  723  in writing, with a copy to be placed in the certification file
  724  of such person.
  725         (g) Imposition of an administrative sanction, upon a person
  726  whose teaching certificate has expired, for an act or acts
  727  committed while that person possessed a teaching certificate or
  728  an expired certificate subject to late renewal, which sanction
  729  bars that person from applying for a new certificate for a
  730  period of 10 years or less, or permanently.
  731         (h) Refer the teacher, administrator, or supervisor to the
  732  recovery network program provided in s. 1012.798 under such
  733  terms and conditions as the commission may specify.
  734  
  735  The penalties imposed under this subsection are in addition to,
  736  and not in lieu of, the penalties required for a third
  737  recruiting offense pursuant to s. 1006.20(3)(b) s.
  738  1006.20(2)(b).
  739         Section 12. This act shall take effect July 1, 2022.