Senate Bill sb1928

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    Florida Senate - 2006                                  SB 1928

    By Senator Peaden





    2-899-06                                                See HB

  1                      A bill to be entitled

  2         An act relating to high school athletics;

  3         amending s. 1006.20, F.S.; requiring the

  4         Florida High School Athletic Association to

  5         facilitate a 3-year drug testing program to

  6         randomly test for anabolic steroids in students

  7         in grades 9 through 12 who participate in

  8         interscholastic athletics in its member

  9         schools; requiring schools to consent to the

10         provisions of the program as a prerequisite for

11         membership in the organization; requiring the

12         organization to establish procedures for the

13         conduct of the program, including contracting

14         with a testing agency to administer the

15         program; providing that the finding of a drug

16         test shall be separate from a student's

17         educational records; providing for disclosure;

18         requiring students and their parents to consent

19         to the provisions of the program as a

20         prerequisite for eligibility to participate in

21         interscholastic athletics; providing penalties

22         for students selected for testing who fail to

23         provide a specimen; requiring the

24         administration of a school to meet with a

25         student who tests positive and his or her

26         parent to review the finding, penalties, and

27         procedure for challenge and appeal; providing

28         penalties for first, second, and third positive

29         findings; providing due process procedures for

30         challenge and appeal; requiring the

31         organization to provide an annual report to the

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    Florida Senate - 2006                                  SB 1928
    2-899-06                                                See HB




 1         Legislature on the results of the program;

 2         providing an exemption from civil liability

 3         resulting from implementation of the program;

 4         requiring the Department of Legal Affairs to

 5         provide defense in claims of civil liability;

 6         requiring program expenses to be paid through

 7         legislative appropriation; providing for

 8         expiration of the program; providing an

 9         appropriation; providing an effective date.

10  

11  Be It Enacted by the Legislature of the State of Florida:

12  

13         Section 1.  Subsection (10) is added to section

14  1006.20, Florida Statutes, to read:

15         1006.20  Athletics in public K-12 schools.--

16         (10)  RANDOM DRUG TESTING PROGRAM.--

17         (a)  The organization shall facilitate a 3-year program

18  during the 2006-2007, 2007-2008, and 2008-2009 academic years

19  in which students in grades 9 through 12 in its member schools

20  who participate in interscholastic athletics governed by the

21  organization shall be subject to random testing for the use of

22  anabolic steroids as defined in s. 893.03(3)(d). All schools,

23  both public and private, shall consent to the provisions of

24  this subsection as a prerequisite for membership in the

25  organization for the duration of the program.

26         (b)  The organization's board of directors shall

27  establish procedures for the conduct of the program which, at

28  a minimum, shall provide for the following:

29         1.  The organization shall select and enter into a

30  contract with a testing agency that will administer the

31  testing program. The laboratory used by the testing agency to

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    Florida Senate - 2006                                  SB 1928
    2-899-06                                                See HB




 1  analyze specimens shall be accredited by the World Anti-Doping

 2  Agency.

 3         2.  A minimum of 1 percent of the total students who

 4  participate in each interscholastic sport, based on

 5  participation numbers reported to the organization during the

 6  preceding academic year, shall be randomly selected to undergo

 7  a test in each year of the program.

 8         3.  Each member school shall report to the organization

 9  each year the names of students who will represent the school

10  in interscholastic athletics during that year. A student shall

11  not be eligible to participate in interscholastic athletics in

12  a member school until the student's name has been reported to

13  the organization by the school in the year in which such

14  participation is to occur.

15         4.  Each year, the organization shall provide to the

16  testing agency all names of students that are submitted by its

17  member schools. The testing agency shall make its random

18  selections for testing from these names.

19         5.  The testing agency shall notify not fewer than 7

20  days in advance both the administration of a school and the

21  organization of the date on which its representatives will be

22  present at the school to collect a specimen from a randomly

23  selected student. However, the name of the student from which

24  a specimen is to be collected shall not be disclosed.

25         6.  The finding of a drug test shall be separate from a

26  student's educational records and shall be disclosed by the

27  testing agency only to the organization, the student, the

28  student's parent, the administration of the student's school,

29  and the administration of any school to which the student may

30  transfer during a suspension from participation in

31  interscholastic athletics resulting from a positive finding.

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    Florida Senate - 2006                                  SB 1928
    2-899-06                                                See HB




 1         (c)  In each year of the program, each student who

 2  wishes to participate in interscholastic athletics and his or

 3  her parent must consent to the provisions of this subsection

 4  as a prerequisite for athletic eligibility. This consent shall

 5  be in writing on a form prescribed by the organization and

 6  provided to the student by his or her school. Failure to

 7  complete and sign the consent form shall result in the

 8  student's ineligibility to participate in all interscholastic

 9  athletics. The consent form shall include the following

10  information:

11         1.  A brief description of the drug testing program.

12         2.  The penalties for a first, second, and third

13  positive finding.

14         3.  The procedure for challenging a positive finding.

15         4.  The procedure for appealing a prescribed penalty.

16         (d)  A student who is selected for testing and fails to

17  provide a specimen shall be immediately suspended from

18  interscholastic athletic practice and competition until such

19  time as a specimen is provided.

20         (e)  If a student tests positive in a test administered

21  under this subsection, the administration of the school the

22  student attends shall immediately:

23         1.  Suspend the student from participation in all

24  interscholastic athletic practice and competition.

25         2.  Notify and schedule a meeting with the student and

26  his or her parent during which the principal or his or her

27  designee shall review with them the positive finding, the

28  procedure for challenging the positive finding, the prescribed

29  penalties, and the procedure for appealing the prescribed

30  penalties.

31  

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    Florida Senate - 2006                                  SB 1928
    2-899-06                                                See HB




 1         (f)  The following penalties are prescribed for

 2  positive findings resulting from tests administered under this

 3  subsection:

 4         1.  For a first positive finding, the student shall be

 5  suspended from all interscholastic athletic practice and

 6  competition for a period of 90 school days and shall be

 7  subject to a mandatory exit test for restoration of

 8  eligibility no sooner than the 60th school day of the

 9  suspension. If the exit test is negative, the organization

10  shall restore the eligibility of the student at the conclusion

11  of the 90-school-day period of suspension. If the exit test is

12  positive, the student shall remain suspended from all

13  interscholastic athletic practice and competition until such

14  time as a subsequent retest of the student results in a

15  negative finding. The student shall be subject to repeated

16  tests for the duration of his or her high school athletic

17  eligibility.

18         2.  For a second positive finding, the student shall be

19  suspended from all interscholastic athletic practice and

20  competition for a period of 1 calendar year and shall be

21  subject to a mandatory exit test for restoration of

22  eligibility no sooner than the 11th month of the suspension.

23  If the exit test is negative, the organization shall restore

24  the eligibility of the student at the conclusion of the

25  1-calendar-year period of suspension. If the exit test is

26  positive, the student shall remain suspended from all

27  interscholastic athletic practice and competition until such

28  time as a subsequent retest of the student results in a

29  negative finding. The student shall be subject to repeated

30  tests for the duration of his or her high school athletic

31  eligibility.

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    Florida Senate - 2006                                  SB 1928
    2-899-06                                                See HB




 1         3.  For a third positive finding, the student shall be

 2  permanently suspended from all interscholastic athletic

 3  practice and competition.

 4         (g)  In addition to the penalties prescribed in

 5  paragraph (f), a student who tests positive in a test

 6  administered under this subsection shall attend and complete

 7  an appropriate mandatory drug education program conducted by

 8  the student's school, the student's school district, or a

 9  third-party organization contracted by the school or school

10  district to conduct such an education program.

11         (h)  The following due process shall be afforded each

12  student who tests positive in a test administered under this

13  subsection:

14         1.  The member school may challenge a positive finding

15  and must challenge a positive finding at the request of the

16  student. A sample of the original specimen provided by the

17  student and retained by the testing agency shall be analyzed.

18  The member school or the student's parent shall pay the cost

19  of the analysis. If the analysis results in a positive

20  finding, the student shall remain ineligible until the

21  prescribed penalty is fulfilled. If the analysis results in a

22  negative finding, the organization shall immediately restore

23  the eligibility of the student and shall refund to the member

24  school or student's parent the cost of the analysis. The

25  student shall remain suspended from interscholastic athletic

26  practice and competition during the challenge.

27         2.a.  A member school may appeal to the organization's

28  commissioner the period of ineligibility imposed on a student

29  as a result of a positive finding and must appeal at the

30  request of the student. The commissioner may require the

31  student to complete the prescribed penalty, reduce the

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    Florida Senate - 2006                                  SB 1928
    2-899-06                                                See HB




 1  prescribed penalty by one-half, or provide complete relief

 2  from the prescribed penalty. Regardless of the decision of the

 3  commissioner, the student shall remain ineligible until the

 4  student tests negative on the mandatory exit test and the

 5  student's eligibility is restored by the organization.

 6         b.  Should the school or student be dissatisfied with

 7  the decision of the commissioner, the school may pursue the

 8  appeal before the organization's board of directors and must

 9  do so at the request of the student. The board of directors

10  may require the student to complete the prescribed penalty,

11  reduce the prescribed penalty by one-half, or provide complete

12  relief from the prescribed penalty. Regardless of the decision

13  of the board of directors, the student shall remain ineligible

14  until the student tests negative on the mandatory exit test

15  and the student's eligibility is restored by the organization.

16  The decision of the board of directors on each appeal shall be

17  final.

18         c.  Technical experts may serve as consultants to both

19  the organization's commissioner and its board of directors in

20  connection with such appeals.

21         (i)  No later than October 1 following each year of the

22  program, the organization shall submit to the President of the

23  Senate and the Speaker of the House of Representatives a

24  report on the results of the program for that year, as well as

25  the aggregate results of the program to date. The report shall

26  include statistics on the number of students tested; the

27  number of first, second, and third violations; the number of

28  challenges and their results; the number of appeals and their

29  dispositions; and the costs incurred by the organization in

30  the administration of the program, including attorney's fees

31  and other expenses of litigation.

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    Florida Senate - 2006                                  SB 1928
    2-899-06                                                See HB




 1         (j)  The organization, members of its board of

 2  directors, and its employees and member schools and their

 3  employees are exempt from civil liability arising from any act

 4  or omission in connection with the program conducted under

 5  this subsection. The Department of Legal Affairs shall defend

 6  the organization, members of its board of directors, and its

 7  employees and member schools and their employees in any action

 8  against such parties arising from any such act or omission. In

 9  providing such defense, the Department of Legal Affairs may

10  employ or use the legal services of outside counsel.

11         (k)  All expenses of the program shall be paid with

12  funds appropriated by the Legislature. Such expenses shall

13  include, but not be limited to, all fees and expenses charged

14  by the testing agency for administrative services, specimen

15  collection services, and specimen analysis; all administrative

16  expenses incurred by the organization in the facilitation of

17  the program; and all attorney's fees and other expenses of

18  litigation resulting from legal challenges related to the

19  program.

20         (l)  The provisions of this subsection shall expire on

21  June 30, 2009, or at such earlier date as appropriated funds

22  are exhausted.

23         Section 2.  There is hereby appropriated from the

24  General Revenue Fund to the Florida High School Athletic

25  Association the sum of $3 million for the purpose of

26  administering the provisions of s. 1006.20(10), Florida

27  Statutes, as created by this act. Any unexpended or

28  unencumbered balance remaining at the end of fiscal year

29  2008-2009 shall revert to the General Revenue Fund.

30         Section 3.  This act shall take effect July 1, 2006.

31  

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