Florida Senate - 2023                              CS for SB 308
       By the Committee on Education Pre-K -12; and Senators Collins,
       Grall, and Perry
       581-02306-23                                           2023308c1
    1                        A bill to be entitled                      
    2         An act relating to interscholastic activities;
    3         amending ss. 1002.33 and 1006.15, F.S.; authorizing
    4         charter school students to participate in
    5         interscholastic extracurricular activities at private
    6         schools under certain circumstances; amending s.
    7         1006.20, F.S.; requiring the Florida High School
    8         Athletic Association (FHSAA) to allow any school
    9         joining the organization by sport to participate in
   10         the championship contest or series of contests for
   11         that sport; providing that the Commissioner of
   12         Education may direct the FHSAA to revise its bylaws at
   13         any time; requiring that any changes to the FHSAA
   14         bylaws be ratified by the State Board of Education;
   15         deleting a requirement that the appointing authority
   16         of members of the FHSAA Board of Directors make
   17         appointments that reflect the demographic and
   18         population trends of this state; revising the
   19         composition of the board of directors; providing that
   20         all appointed board members be appointed by the
   21         Governor and confirmed by the Senate; requiring that
   22         the hiring of the FHSAA executive director be ratified
   23         by the State Board of Education; requiring that the
   24         budget adopted by the board of directors be ratified
   25         by the State Board of Education; requiring a majority
   26         vote of the board of directors for the approval of
   27         legislative recommendations from the representative
   28         assembly; creating s. 1006.185, F.S.; requiring each
   29         approved athletic association whose membership
   30         includes public schools to allow each participating
   31         school to make opening remarks at certain athletic
   32         contests; providing requirements for the remarks;
   33         providing an effective date.
   35  Be It Enacted by the Legislature of the State of Florida:
   37         Section 1. Subsection (11) of section 1002.33, Florida
   38  Statutes, is amended to read:
   39         1002.33 Charter schools.—
   41  ACTIVITIES.—A charter school student is eligible to participate
   42  in an interscholastic extracurricular activity at the public
   43  school to which the student would be otherwise assigned to
   44  attend, or may develop an agreement to participate at a private
   45  school, pursuant to s. 1006.15(3)(d).
   46         Section 2. Paragraph (d) of subsection (3) of section
   47  1006.15, Florida Statutes, is amended to read:
   48         1006.15 Student standards for participation in
   49  interscholastic and intrascholastic extracurricular student
   50  activities; regulation.—
   51         (3)
   52         (d) An individual charter school student pursuant to s.
   53  1002.33 is eligible to participate at the public school to which
   54  the student would be assigned according to district school board
   55  attendance area policies or which the student could attend, or
   56  may develop an agreement to participate at a private school, in
   57  any interscholastic extracurricular activity of that school,
   58  unless such activity is provided by the student’s charter
   59  school, if the following conditions are met:
   60         1. The charter school student must meet the requirements of
   61  the charter school education program as determined by the
   62  charter school governing board.
   63         2. During the period of participation at a school, the
   64  charter school student must demonstrate educational progress as
   65  required in paragraph (b).
   66         3. The charter school student must meet the same residency
   67  requirements as other students in the school at which he or she
   68  participates.
   69         4. The charter school student must meet the same standards
   70  of acceptance, behavior, and performance that are required of
   71  other students in extracurricular activities.
   72         5. The charter school student must register with the school
   73  his or her intent to participate in interscholastic
   74  extracurricular activities as a representative of the school
   75  before participation. A charter school student must be able to
   76  participate in curricular activities if that is a requirement
   77  for an extracurricular activity.
   78         6. A student who transfers from a charter school program to
   79  a traditional public school before or during the first grading
   80  period of the school year is academically eligible to
   81  participate in interscholastic extracurricular activities during
   82  the first grading period if the student has a successful
   83  evaluation from the previous school year, pursuant to
   84  subparagraph 2.
   85         7. Any public school or private school student who has been
   86  unable to maintain academic eligibility for participation in
   87  interscholastic extracurricular activities is ineligible to
   88  participate in such activities as a charter school student until
   89  the student has successfully completed one grading period in a
   90  charter school pursuant to subparagraph 2. to become eligible to
   91  participate as a charter school student.
   92         Section 3. Subsection (1), paragraph (a) of subsection (2),
   93  paragraphs (a) and (e) of subsection (4), paragraphs (a) and (h)
   94  of subsection (5), paragraph (b) of subsection (6), and
   95  subsection (8) of section 1006.20, Florida Statutes, are amended
   96  to read:
   97         1006.20 Athletics in public K-12 schools.—
   98         (1) GOVERNING NONPROFIT ORGANIZATION.—The Florida High
   99  School Athletic Association (FHSAA) is designated as a the
  100  governing nonprofit organization of athletics in Florida public
  101  schools. If the FHSAA fails to meet the provisions of this
  102  section, the commissioner must shall designate a nonprofit
  103  organization to govern athletics with the approval of the State
  104  Board of Education. The FHSAA is not a state agency as defined
  105  in s. 120.52. The FHSAA is shall be subject to the provisions of
  106  s. 1006.19. A private school that wishes to engage in high
  107  school athletic competition with a public high school may become
  108  a member of the FHSAA. Any high school in this the state,
  109  including charter schools, virtual schools, and home education
  110  cooperatives, may become a member of the FHSAA and participate
  111  in the activities of the FHSAA;. however, membership in the
  112  FHSAA is not mandatory for any school. The FHSAA shall must
  113  allow a private school the option of maintaining full membership
  114  in the association or joining by sport and may not discourage a
  115  private school from simultaneously maintaining membership in
  116  another athletic association. The FHSAA shall allow any school
  117  joining by sport to participate in the championship contest or
  118  series of contests for that sport may allow a public school the
  119  option to apply for consideration to join another athletic
  120  association. The FHSAA may not deny or discourage
  121  interscholastic competition between its member schools and non
  122  FHSAA member Florida schools, including members of another
  123  athletic governing organization, and may not take any
  124  retributory or discriminatory action against any of its member
  125  schools that participate in interscholastic competition with
  126  non-FHSAA member Florida schools. The FHSAA may not unreasonably
  127  withhold its approval of an application to become an affiliate
  128  member of the National Federation of State High School
  129  Associations submitted by any other organization that governs
  130  interscholastic athletic competition in this state. The bylaws
  131  of the FHSAA are the rules by which high school athletic
  132  programs in its member schools, and the students who participate
  133  in them, are governed, unless otherwise specifically provided by
  134  statute. For the purposes of this section, the term “high
  135  school” includes grades 6 through 12.
  137         (a) The FHSAA shall adopt bylaws that, unless specifically
  138  provided otherwise by statute, establish eligibility
  139  requirements for all students who participate in high school
  140  athletic competition in its member schools. The bylaws governing
  141  residence and transfer must shall allow the student to be
  142  immediately eligible in the school in which he or she first
  143  enrolls each school year or the school in which the student
  144  makes himself or herself a candidate for an athletic team by
  145  engaging in a practice before prior to enrolling in the school.
  146  The bylaws must shall also allow the student to be immediately
  147  eligible in the school to which the student has transferred. The
  148  student remains shall be eligible in that school so long as he
  149  or she remains enrolled in that school. Subsequent eligibility
  150  must shall be determined and enforced through the FHSAA’s
  151  bylaws. Requirements governing eligibility and transfer between
  152  member schools must shall be applied similarly to public school
  153  students and private school students. The commissioner may
  154  direct the FHSAA to revise its bylaws at any time.
  155         1. Any changes to the FHSAA’s bylaws must be ratified by
  156  the State Board of Education.
  157         2. A bylaw adopted by the FHSAA board of directors may not
  158  take effect until it is ratified by the State Board of
  159  Education.
  160         (4) BOARD OF DIRECTORS.—
  161         (a) The executive and legislative authority of the FHSAA is
  162  shall be vested in its board of directors, which is. Any entity
  163  that appoints members to the board of directors shall examine
  164  the ethnic and demographic composition of the board when
  165  selecting candidates for appointment and shall, to the greatest
  166  extent possible, make appointments that reflect state
  167  demographic and population trends. The board of directors shall
  168  be composed of 9 members, 8 of whom are appointed by the
  169  Governor and confirmed by the Senate 16 persons, as follows:
  170         1. Two Four public member school representatives appointed
  171  from different administrative regions, one elected from among
  172  its public school representative members within each of the four
  173  administrative regions.
  174         2. Two Four nonpublic member school representatives
  175  appointed from different administrative regions that are also
  176  different than those represented by the public member school
  177  representatives appointed under subparagraph 1., one elected
  178  from among its nonpublic school representative members within
  179  each of the four administrative regions.
  180         3. Two Three representatives appointed by the commissioner,
  181  one appointed from the two northernmost administrative regions
  182  and one appointed from the two southernmost administrative
  183  regions. The third representative shall be appointed to balance
  184  the board for diversity or state population trends, or both.
  185         4. One Two district school superintendent appointed
  186  superintendents, one elected from the two northernmost
  187  administrative region regions by the members in those regions
  188  and one elected from the two southernmost administrative regions
  189  by the members in those regions.
  190         5. One Two district school board member appointed members,
  191  one elected from the two northernmost administrative regions by
  192  the members in those regions and one elected from the two
  193  southernmost administrative region regions by the members in
  194  those regions.
  195         6. The commissioner or his or her designee from the
  196  department executive staff.
  197         (e) The authority and duties of the board of directors,
  198  acting as a body and in accordance with the FHSAA’s bylaws, are
  199  as follows:
  200         1. To act as the incorporated FHSAA’s board of directors
  201  and to fulfill its obligations as required by the FHSAA’s
  202  charter and articles of incorporation.
  203         2. To establish such guidelines, regulations, policies, and
  204  procedures as are authorized by the bylaws.
  205         3. To employ an FHSAA executive director, who has shall
  206  have the authority to waive the bylaws of the FHSAA in order to
  207  comply with statutory changes. The hiring of the executive
  208  director must be ratified by the State Board of Education.
  209         4. To levy annual dues and other fees and to set the
  210  percentage of contest receipts to be collected by the FHSAA.
  211         5. To approve the budget of the FHSAA. The budget adopted
  212  by the board of directors must be ratified by the State Board of
  213  Education.
  214         6. To organize and conduct statewide interscholastic
  215  competitions, which may or may not lead to state championships,
  216  and to establish the terms and conditions for these
  217  competitions.
  218         7. To act as an administrative board in the interpretation
  219  of, and final decision on, all questions and appeals arising
  220  from the directing of interscholastic athletics of member
  221  schools.
  222         8. To approve, reject, or amend any legislative
  223  recommendations from the representative assembly. Approval of
  224  such recommendations requires a majority vote of the board.
  226         (a) The legislative authority of the FHSAA is vested in its
  227  representative assembly may make legislative recommendations to
  228  the board of directors.
  229         (h) The authority of the representative assembly is limited
  230  to its sole duty, which is to consider, adopt, or reject any
  231  recommended proposed amendments to the FHSAA’s bylaws.
  233         (b) A No member of the board of directors or the, committee
  234  on appeals may not, or representative assembly is eligible to
  235  serve on the public liaison advisory committee.
  236         (8) AMENDMENT OF BYLAWS.—Each member school representative,
  237  the board of directors acting as a whole or as members acting
  238  individually, any advisory committee acting as a whole to be
  239  established by the FHSAA, the commissioner, and the FHSAA’s
  240  executive director may are empowered to propose amendments to
  241  the bylaws. Any other individual may propose an amendment by
  242  securing the sponsorship of any such of the aforementioned
  243  individuals or bodies. All proposed amendments must be submitted
  244  directly to the representative assembly for its consideration.
  245  The representative assembly shall provide a recommendation to
  246  the board of directors to either adopt, reject, or revise any
  247  proposed amendments, while empowered to adopt, reject, or revise
  248  proposed amendments, may not, in and of itself, as a body be
  249  allowed to propose any amendment for its own consideration.
  250         Section 4. Section 1006.185, Florida Statutes, is created
  251  to read:
  252         1006.185 Opening remarks at high school athletic contests.
  253  Each athletic association designated under s. 1006.20 whose
  254  membership includes public schools shall adopt bylaws, policies,
  255  or procedures that provide each school participating in a high
  256  school championship contest or series of contests under the
  257  direction and supervision of the association the opportunity to
  258  make brief opening remarks, if requested by the school, using
  259  the public address system at the event. Such remarks may not be
  260  longer than 2 minutes per participating school. The athletic
  261  association may not control, monitor, or review the content of
  262  the opening remarks and may not control the school’s choice of
  263  speaker. Member schools may not provide remarks that are
  264  derogatory, rude, or threatening. Before the opening remarks, an
  265  announcement must be made that the content of any opening
  266  remarks by a participating school is not endorsed by and does
  267  not reflect the views and or opinions of the athletic
  268  association. The decision to allow opening remarks before
  269  regular season contests is at the discretion of each school.
  270         Section 5. This act shall take effect July 1, 2023.