| 1 | A bill to be entitled |
| 2 | An act relating to athletic coaches; defining the terms |
| 3 | "athletic coach" and "independent sanctioning authority"; |
| 4 | requiring the independent sanctioning authority of a youth |
| 5 | athletic team to screen the background of current and |
| 6 | prospective athletic coaches through designated state and |
| 7 | federal sex offender registries; providing that a |
| 8 | commercial consumer reporting agency screening that meets |
| 9 | specified requirements complies with screening |
| 10 | requirements; requiring the independent sanctioning |
| 11 | authority to disqualify any athletic coach appearing on a |
| 12 | registry; requiring the independent sanctioning authority |
| 13 | to provide a disqualified athletic coach with written |
| 14 | notice; requiring the independent sanctioning authority to |
| 15 | maintain documentation of screening results and |
| 16 | disqualification notices; providing a rebuttable |
| 17 | presumption that an independent sanctioning authority did |
| 18 | not negligently authorize an athletic coach for purposes |
| 19 | of a civil action for an intentional tort relating to |
| 20 | alleged sexual misconduct by the athletic coach if the |
| 21 | authority complied with the screening and disqualification |
| 22 | requirements; encouraging independent sanctioning |
| 23 | authorities for youth athletic teams to participate in the |
| 24 | Volunteer and Employee Criminal History System; providing |
| 25 | an effective date. |
| 26 |
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| 27 | Be It Enacted by the Legislature of the State of Florida: |
| 28 |
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| 29 | Section 1. Athletic coaches for independent sanctioning |
| 30 | authorities.- |
| 31 | (1) As used in this section, the term: |
| 32 | (a) "Athletic coach" means a person who: |
| 33 | 1. Is authorized by an independent sanctioning authority |
| 34 | to work for 20 or more hours within a calendar year, whether for |
| 35 | compensation or as a volunteer, for a youth athletic team based |
| 36 | in this state; and |
| 37 | 2. Has direct contact with one or more minors on the youth |
| 38 | athletic team. |
| 39 | (b) "Independent sanctioning authority" means a private, |
| 40 | nongovernmental entity that organizes, operates, or coordinates |
| 41 | a youth athletic team in this state if the team includes one or |
| 42 | more minors and is not affiliated with a private school as |
| 43 | defined in s. 1002.01, Florida Statutes. |
| 44 | (2) An independent sanctioning authority shall: |
| 45 | (a)1. Conduct a background screening of each current and |
| 46 | prospective athletic coach. No person shall be authorized by the |
| 47 | independent sanctioning authority to act as an athletic coach |
| 48 | after July 1, 2010, unless a background screening has been |
| 49 | conducted and did not result in disqualification under paragraph |
| 50 | (b). Background screenings shall be conducted annually for each |
| 51 | athletic coach. For purposes of this section, a background |
| 52 | screening shall be conducted with a search of the athletic |
| 53 | coach's name or other identifying information against state and |
| 54 | federal registries of sexual predators and sexual offenders, |
| 55 | which are available to the public on Internet sites provided by: |
| 56 | a. The Department of Law Enforcement under s. 943.043, |
| 57 | Florida Statutes; and |
| 58 | b. The Attorney General of the United States under 42 |
| 59 | U.S.C. s. 16920. |
| 60 | 2. For purposes of this section, a background screening |
| 61 | conducted by a commercial consumer reporting agency in |
| 62 | compliance with the federal Fair Credit Reporting Act using the |
| 63 | identifying information referenced in subparagraph 1. and that |
| 64 | includes searching that information against the sexual predator |
| 65 | and sexual offender Internet sites listed in sub-subparagraphs |
| 66 | 1.a. and b. shall be deemed in compliance with the requirements |
| 67 | of this section. |
| 68 | (b) Disqualify any person from acting as an athletic coach |
| 69 | if he or she is identified on a registry described in paragraph |
| 70 | (a). |
| 71 | (c) Provide, within 7 business days following the |
| 72 | background screening under paragraph (a), written notice to a |
| 73 | person disqualified under this section advising the person of |
| 74 | the results and of his or her disqualification. |
| 75 | (d) Maintain documentation of: |
| 76 | 1. The results for each person screened under paragraph |
| 77 | (a); and |
| 78 | 2. The written notice of disqualification provided to each |
| 79 | person under paragraph (c). |
| 80 | (3) In a civil action for the death of, or injury or |
| 81 | damage to, a third person caused by the intentional tort of an |
| 82 | athletic coach that relates to alleged sexual misconduct by the |
| 83 | athletic coach, there is a rebuttable presumption that the |
| 84 | independent sanctioning authority was not negligent in |
| 85 | authorizing the athletic coach if the authority complied with |
| 86 | the background screening and disqualification requirements of |
| 87 | subsection (2) prior to such authorization. |
| 88 | (4) The Legislature encourages independent sanctioning |
| 89 | authorities for youth athletic teams to participate in the |
| 90 | Volunteer and Employee Criminal History System, as authorized by |
| 91 | the National Child Protection Act of 1993 and s. 943.0542, |
| 92 | Florida Statutes. |
| 93 | Section 2. This act shall take effect July 1, 2010. |