Florida Senate - 2013 SB 1164
By Senator Stargel
15-01209-13 20131164__
1 A bill to be entitled
2 An act relating to high school athletics; reenacting
3 and amending s. 1002.20(17), F.S.; making technical
4 changes; amending s. 1006.15, F.S.; revising criteria
5 for student eligibility for participation in
6 extracurricular activities to include students in
7 charter schools; amending s. 1006.20, F.S.; revising
8 the criteria for bylaws, policies, or guidelines
9 adopted by the Florida High School Athletic
10 Association; requiring the association to complete a
11 review by a specified date; requiring that the
12 association submit a report to the Commissioner of
13 Education, the Governor, and the Legislature;
14 establishing notice requirements to specified parties;
15 providing procedures for student residence and
16 transfer approvals; providing that the burden is on
17 the FHSAA to demonstrate by clear and convincing
18 evidence that a student is ineligible to participate
19 in a high school athletic competition; requiring that
20 the FHSAA pay costs and attorney fees in certain
21 circumstances; revising the composition of the board
22 of directors of the association; revising what
23 constitutes a quorum of the board of directors;
24 providing restrictions for the salary, benefits, per
25 diem, and travel expenses of the association’s
26 executive director; providing that members of the
27 association’s public liaison advisory committee are
28 entitled to reimbursement for per diem and travel
29 expenses at the same rate as state employees;
30 providing an effective date.
31
32 Be It Enacted by the Legislature of the State of Florida:
33
34 Section 1. Subsection (17) of section 1002.20, Florida
35 Statutes, is reenacted and amended to read:
36 1002.20 K-12 student and parent rights.—Parents of public
37 school students must receive accurate and timely information
38 regarding their child’s academic progress and must be informed
39 of ways they can help their child to succeed in school. K-12
40 students and their parents are afforded numerous statutory
41 rights including, but not limited to, the following:
42 (17) ATHLETICS; PUBLIC HIGH SCHOOL.—
43 (a) Eligibility.—Eligibility requirements for all students
44 participating in a high school athletic competition must allow a
45 student to be eligible in the school in which he or she first
46 enrolls each school year, the school in which the student makes
47 himself or herself a candidate for an athletic team by engaging
48 in practice before enrolling, or the school to which the student
49 has transferred with approval of the district school board, in
50 accordance with the provisions of s. 1006.20(2)(a).
51 (b) Medical evaluation.—Students must satisfactorily pass a
52 medical evaluation each year before participating in athletics,
53 unless the parent objects in writing based on religious tenets
54 or practices, in accordance with the provisions of s.
55 1006.20(2)(d).
56 Section 2. Paragraphs (a), (d), and (f) of subsection (3)
57 and subsection (5) of section 1006.15, Florida Statutes, are
58 amended to read:
59 1006.15 Student standards for participation in
60 interscholastic and intrascholastic extracurricular student
61 activities; regulation.—
62 (3)(a) A student attending a public school or a school
63 identified in this section is presumed eligible to participate
64 in interscholastic extracurricular student activities. For the
65 purposes of this section, a charter school is considered a
66 public school. A student remains eligible to participate in
67 interscholastic extracurricular student activities if the
68 student To be eligible to participate in interscholastic
69 extracurricular student activities, a student must:
70 1. Maintains Maintain a grade point average of 2.0 or above
71 on a 4.0 scale, or its equivalent, in the previous semester or a
72 cumulative grade point average of 2.0 or above on a 4.0 scale,
73 or its equivalent, in the courses required by s. 1003.43(1).
74 2. Executes Execute and fulfills fulfill the requirements
75 of an academic performance contract between the student, the
76 district school board, the appropriate governing association,
77 and the student’s parents, if the student’s cumulative grade
78 point average falls below 2.0, or its equivalent, on a 4.0 scale
79 in the courses required by s. 1003.43(1) or, for students who
80 entered the 9th grade before prior to the 1997-1998 school year,
81 if the student’s cumulative grade point average falls below 2.0
82 on a 4.0 scale, or its equivalent, in the courses required by s.
83 1003.43(1) which are taken after July 1, 1997. At a minimum, the
84 contract must require that the student attend summer school, or
85 its graded equivalent, between grades 9 and 10 or grades 10 and
86 11, as necessary.
87 3. Has Have a cumulative grade point average of 2.0 or
88 above on a 4.0 scale, or its equivalent, in the courses required
89 by s. 1003.43(1) during his or her junior or senior year.
90 4. Maintains Maintain satisfactory conduct, including
91 adherence to appropriate dress and other codes of student
92 conduct policies described in s. 1006.07(2). If a student is
93 convicted of, or is found to have committed, a felony or a
94 delinquent act that would have been a felony if committed by an
95 adult, regardless of whether adjudication is withheld, the
96 student’s participation in interscholastic extracurricular
97 activities is contingent upon established and published district
98 school board policy.
99 (d) An individual public charter school student pursuant to
100 s. 1002.33 is eligible to participate at the public school to
101 which the student would be assigned, including a charter school,
102 according to district school board attendance area policies or
103 which the student could choose to attend, pursuant to district
104 or interdistrict controlled open-enrollment policies provisions,
105 in any interscholastic extracurricular activity of that school,
106 unless such activity is provided by the student’s current
107 charter school, if the following conditions are met:
108 1. The charter school student must meet the requirements of
109 the student’s current charter school education program as
110 determined by the charter school governing board.
111 2. During the period of participation at a school, the
112 charter school student must demonstrate educational progress as
113 required in paragraph (b).
114 3. The charter school student must meet the same residency
115 requirements as other students in the school at which he or she
116 participates.
117 4. The charter school student must meet the same standards
118 of acceptance, behavior, and performance which that are required
119 of other students in extracurricular activities.
120 5. The charter school student must register with the school
121 his or her intent to participate in interscholastic
122 extracurricular activities as a representative of the school
123 before the beginning date of the season for the activity in
124 which he or she wishes to participate. A charter school student
125 must be able to participate in curricular activities if there
126 that is a requirement for an extracurricular activity.
127 6. A student who transfers from a public charter school
128 program to a different traditional public school before or
129 during the first grading period of the school year is
130 academically eligible to participate in interscholastic
131 extracurricular activities during the first grading period if
132 the student has a successful evaluation from the previous school
133 year, pursuant to subparagraph 2.
134 7. A Any public school or private school student who has
135 been unable to maintain academic eligibility for participation
136 in interscholastic extracurricular activities is ineligible to
137 participate in such activities as a public charter school
138 student until the student has successfully completed one grading
139 period in a charter school pursuant to subparagraph 2. to become
140 eligible to participate as a charter school student.
141 (f) A student who transfers from the Florida Virtual School
142 full-time program to a traditional public school before or
143 during the first grading period of the school year is
144 academically eligible to participate in interscholastic
145 extracurricular activities during the first grading period if
146 the student has a successful evaluation from the previous school
147 year pursuant to paragraph (a).
148 (5) An Any organization or entity that regulates or governs
149 interscholastic extracurricular activities of public schools:
150 (a) Shall permit home education associations to join as
151 member schools.
152 (b) May Shall not discriminate against any eligible student
153 based on an educational choice of public, private, or home
154 education.
155 Section 3. Subsections (1) through (4) of section 1006.20,
156 Florida Statutes, are amended, and paragraph (f) is added to
157 subsection (6) of that section to read:
158 1006.20 Athletics in public K-12 schools.—
159 (1) GOVERNING NONPROFIT ORGANIZATION.—The Florida High
160 School Athletic Association (FHSAA) is designated as the
161 governing nonprofit organization of athletics in Florida public
162 schools. If the FHSAA fails to meet the provisions of this
163 section, the commissioner shall designate a nonprofit
164 organization to govern athletics with the approval of the State
165 Board of Education. The FHSAA is not a state agency as defined
166 in s. 120.52. The FHSAA shall be subject to the provisions of s.
167 1006.19. A private school that wishes to engage in high school
168 athletic competition with a public high school may become a
169 member of the FHSAA. Any high school in the state, including
170 charter schools, virtual schools, and home education
171 cooperatives, may become a member of the FHSAA and participate
172 in the activities of the FHSAA. However, membership in the FHSAA
173 is not mandatory for any school. The FHSAA may not deny or
174 discourage interscholastic competition between its member
175 schools and non-FHSAA member Florida schools, including members
176 of another athletic governing organization, and may not take any
177 retributory or discriminatory action against any of its member
178 schools that participate in interscholastic competition with
179 non-FHSAA member Florida schools. The FHSAA may not unreasonably
180 withhold its approval of an application to become an affiliate
181 member of the National Federation of State High School
182 Associations submitted by any other organization that governs
183 interscholastic athletic competition in this state. The bylaws
184 of the FHSAA are the rules by which high school athletic
185 programs in its member schools, and the students who participate
186 in them, are governed, unless otherwise specifically provided by
187 statute. For the purposes of this section, “high school”
188 includes grades 6 through 12.
189 (2) ADOPTION OF BYLAWS, POLICIES, OR GUIDELINES.—
190 (a) The FHSAA shall adopt bylaws that, unless otherwise
191 provided by statute, establish limited violations that result in
192 ineligibility for students who participate in high school
193 athletic competition in its member schools. The bylaws must
194 ensure that:
195 1. A student remains eligible in the school in which he or
196 she first enrolls each school year or the school in which the
197 student makes himself or herself a candidate for an athletic
198 team by engaging in a practice before enrolling in the school.
199 2. A student remains eligible in the school to which the
200 student has transferred during the school year if the transfer
201 is made by a deadline established by the FHSAA, which may not be
202 before the date authorized for the beginning of practice for the
203 sport.
204 3. Once a student residence or transfer is approved by the
205 district school board or private school, as applicable, the
206 student remains eligible in the school if he or she remains
207 enrolled in the school and complies with applicable
208 requirements.
209 4. Rule, eligibility, and recruiting violations by a
210 teammate, coach, administrator, school, or adult representative
211 may not be used against a student.
212 5. A student is ineligible if the student or parent
213 intentionally and knowingly falsifies an enrollment or
214 eligibility document or intentionally and knowingly accepts a
215 significant benefit or a promise of significant benefit that is
216 not reasonably available to the school’s students or family
217 members and that is provided based primarily on the student’s
218 athletic interest, potential, or performance.
219 6. Ineligibility requirements shall be applied to public
220 school students on an equal basis with private school students.
221 7. Ineligibility requirements shall be applied to transfer
222 students on an equal basis with nontransfer students.
223 8. Prescribed violations must be substantially related to
224 specific, important objectives and must be limited to address
225 only the minimal requirements necessary to accomplish the
226 objectives.
227
228 The FHSAA shall complete a comprehensive review and analysis of
229 all existing bylaws, policies, and administrative procedures to
230 determine compliance with this paragraph by October 1, 2013. The
231 FHSAA shall provide a detailed report originating from its
232 review and analysis, which must include, but need not be limited
233 to, specifically articulating how each violation or requirement
234 in the bylaws, policies, and administrative procedures is
235 substantially related to an identified, important objective and
236 any necessary corrective action. The FHSAA shall provide a copy
237 of the report to the Commissioner of Education, the Governor,
238 the President of the Senate, and the Speaker of the House of
239 Representatives by October 15, 2013. Bylaws, policies, or
240 administrative procedures that are noncompliant with this
241 paragraph are void as of July 1, 2013 The FHSAA shall adopt
242 bylaws that, unless specifically provided by statute, establish
243 eligibility requirements for all students who participate in
244 high school athletic competition in its member schools. The
245 bylaws governing residence and transfer shall allow the student
246 to be eligible in the school in which he or she first enrolls
247 each school year or the school in which the student makes
248 himself or herself a candidate for an athletic team by engaging
249 in a practice prior to enrolling in the school. The bylaws shall
250 also allow the student to be eligible in the school to which the
251 student has transferred during the school year if the transfer
252 is made by a deadline established by the FHSAA, which may not be
253 prior to the date authorized for the beginning of practice for
254 the sport. These transfers shall be allowed pursuant to the
255 district school board policies in the case of transfer to a
256 public school or pursuant to the private school policies in the
257 case of transfer to a private school. The student shall be
258 eligible in that school so long as he or she remains enrolled in
259 that school. Subsequent eligibility shall be determined and
260 enforced through the FHSAA’s bylaws. Requirements governing
261 eligibility and transfer between member schools shall be applied
262 similarly to public school students and private school students.
263 (b) The FHSAA shall adopt bylaws that specifically prohibit
264 the recruiting of students for athletic purposes. The bylaws
265 must shall prescribe penalties and an appeals process for
266 athletic recruiting violations. If it is determined that a
267 school has recruited a student in violation of FHSAA bylaws, the
268 FHSAA may require the school to participate in a higher
269 classification for the sport in which the recruited student
270 competes for a minimum of one classification cycle, in addition
271 to any other appropriate fine and sanction imposed on the
272 school, its coaches, or adult representatives who violate
273 recruiting rules. A student may not be declared ineligible based
274 on violation of recruiting rules unless the student or parent
275 has falsified any enrollment or eligibility document or accepted
276 any benefit or any promise of benefit if such benefit is not
277 generally available to the school’s students or family members
278 or is based in any way on athletic interest, potential, or
279 performance.
280 (c) The FHSAA shall adopt bylaws that require all students
281 participating in interscholastic athletic competition or who are
282 candidates for an interscholastic athletic team to
283 satisfactorily pass a medical evaluation each year before prior
284 to participating in interscholastic athletic competition or
285 engaging in any practice, tryout, workout, or other physical
286 activity associated with the student’s candidacy for an
287 interscholastic athletic team. Such medical evaluation may be
288 administered only by a practitioner licensed under chapter 458,
289 chapter 459, chapter 460, or s. 464.012, and in good standing
290 with the practitioner’s regulatory board. The bylaws must shall
291 establish requirements for eliciting a student’s medical history
292 and performing the medical evaluation required under this
293 paragraph, which must shall include a physical assessment of the
294 student’s physical capabilities to participate in
295 interscholastic athletic competition as contained in a uniform
296 preparticipation physical evaluation and history form. The
297 evaluation form must shall incorporate the recommendations of
298 the American Heart Association for participation cardiovascular
299 screening and must shall provide a place for the signature of
300 the practitioner performing the evaluation with an attestation
301 that each examination procedure listed on the form was performed
302 by the practitioner or by someone under the direct supervision
303 of the practitioner. The form must shall also contain a place
304 for the practitioner to indicate if a referral to another
305 practitioner was made in lieu of completion of a certain
306 examination procedure. The form must shall provide a place for
307 the practitioner to whom the student was referred to complete
308 the remaining sections and attest to that portion of the
309 examination. The preparticipation physical evaluation form must
310 shall advise students to complete a cardiovascular assessment
311 and must shall include information concerning alternative
312 cardiovascular evaluation and diagnostic tests. Results of such
313 medical evaluation must be provided to the school. No student
314 shall be eligible to participate in any interscholastic athletic
315 competition or engage in any practice, tryout, workout, or other
316 physical activity associated with the student’s candidacy for an
317 interscholastic athletic team until the results of the medical
318 evaluation have been received and approved by the school.
319 (d) Notwithstanding the provisions of paragraph (c), a
320 student may participate in interscholastic athletic competition
321 or be a candidate for an interscholastic athletic team if the
322 parent of the student objects in writing to the student
323 undergoing a medical evaluation because such evaluation is
324 contrary to his or her religious tenets or practices. However,
325 in such case, there shall be no liability on the part of any
326 person or entity in a position to otherwise rely on the results
327 of such medical evaluation for any damages resulting from the
328 student’s injury or death arising directly from the student’s
329 participation in interscholastic athletics where an undisclosed
330 medical condition that would have been revealed in the medical
331 evaluation is a proximate cause of the injury or death.
332 (e) The FHSAA shall adopt bylaws that regulate persons who
333 conduct investigations on behalf of the FHSAA. The bylaws must
334 shall include provisions that require an investigator to:
335 1. Undergo level 2 background screening under s. 435.04,
336 establishing that the investigator has not committed any
337 disqualifying offense listed in s. 435.04, unless the
338 investigator can provide proof of compliance with level 2
339 screening standards submitted within the previous 5 years to
340 meet any professional licensure requirements, provided:
341 a. The investigator has not had a break in service from a
342 position that requires level 2 screening for more than 90 days;
343 and
344 b. The investigator submits, under penalty of perjury, an
345 affidavit verifying that the investigator has not committed any
346 disqualifying offense listed in s. 435.04 and is in full
347 compliance with this paragraph.
348 2. Be appointed as an investigator by the executive
349 director.
350 3. Carry a photo identification card that shows the FHSAA
351 name, logo, and the investigator’s official title.
352 4. Adhere to the following guidelines:
353 a. Investigate only those alleged violations assigned by
354 the executive director or the board of directors.
355 b. Conduct interviews on Monday through Friday between the
356 hours of 9 a.m. and 7 p.m. only, unless previously agreed to by
357 the interviewee.
358 c. Allow the parent of any student being interviewed to be
359 present during the interview.
360 d. Search residences or other private areas only with the
361 permission of the executive director and the written consent of
362 the student’s parent and only with a parent or a representative
363 of the parent present.
364 5. Provide notice to the affected student, parent, coach,
365 and school within 2 business days after the assignment of an
366 investigation into ineligibility or other violation of law or
367 rule. If the executive director certifies in writing that a
368 compelling need to withhold notice exists, identifying with
369 specificity why notice must not be provided, the notice is not
370 required until the investigator concludes the investigation. The
371 executive director shall provide a copy of the certification to
372 the Commissioner of Education within 1 business day after
373 signing the certification.
374 6. Provide the affected student, parent, coach, and school
375 within 5 business days after completion of the investigation a
376 copy of the investigation, report, and any recommendation made
377 by the investigator, executive director, or board of directors.
378 (f) The FHSAA shall adopt bylaws that establish sanctions
379 for coaches who have committed major violations of the FHSAA’s
380 bylaws and policies.
381 1. Major violations include, but are not limited to,
382 knowingly allowing an ineligible student to participate in a
383 contest representing a member school in an interscholastic
384 contest or committing a violation of the FHSAA’s recruiting or
385 sportsmanship policies.
386 2. Sanctions placed upon an individual coach may include,
387 but are not limited to, prohibiting or suspending the coach from
388 coaching, participating in, or attending any athletic activity
389 sponsored, recognized, or sanctioned by the FHSAA and the member
390 school for which the coach committed the violation. If a coach
391 is sanctioned by the FHSAA and the coach transfers to another
392 member school, those sanctions remain in full force and effect
393 during the term of the sanction.
394 3. If a member school is assessed a financial penalty as a
395 result of a coach committing a major violation, the coach shall
396 reimburse the member school before being allowed to coach,
397 participate in, or attend any athletic activity sponsored,
398 recognized, or sanctioned by the FHSAA and a member school.
399 4. The FHSAA shall establish a due process procedure for
400 coaches sanctioned under this paragraph, consistent with the
401 appeals procedures set forth in subsection (7).
402 (g) The FHSAA shall adopt bylaws establishing the process
403 and standards by which FHSAA determinations of sanctions or
404 eligibility determinations against a coach or school eligibility
405 are made. Such bylaws must shall provide that:
406 1. Ineligibility must be established by clear and
407 convincing evidence;
408 2. The investigator and individual making the determination
409 shall receive and consider, from students, parents, coaches, and
410 schools, all evidence of a type commonly relied upon by
411 reasonably prudent persons in the conduct of their affairs. Such
412 evidence shall be admissible in the proceeding, whether or not
413 such evidence would be admissible in a trial court in this state
414 Student athletes, parents, and schools must have notice of the
415 initiation of any investigation or other inquiry into
416 eligibility and may present, to the investigator and to the
417 individual making the eligibility determination, any information
418 or evidence that is credible, persuasive, and of a kind
419 reasonably prudent persons rely upon in the conduct of serious
420 affairs;
421 3. An investigator may not determine matters of eligibility
422 but must submit information and evidence to the executive
423 director or a person designated by the executive director or by
424 the board of directors for an unbiased and objective
425 determination of eligibility; and
426 4. A determination of ineligibility must be made in
427 writing, setting forth the findings of fact and specific
428 violation upon which the decision is based.
429 (h) In lieu of bylaws adopted under paragraph (g), the
430 FHSAA may adopt bylaws providing as a minimum the procedural
431 safeguards of ss. 120.569 and 120.57, making appropriate
432 provision for appointment of unbiased and qualified hearing
433 officers.
434 (i) The FHSAA bylaws may not limit the competition of
435 student athletes prospectively for rule violations of their
436 school or its coaches or their adult representatives. The FHSAA
437 bylaws may not unfairly punish student athletes for eligibility
438 or recruiting violations perpetrated by a teammate, coach, or
439 administrator. Contests may not be forfeited for inadvertent
440 eligibility violations unless the coach or a school
441 administrator should have known of the violation. Contests may
442 not be forfeited for other eligibility violations or recruiting
443 violations in excess of the number of contests that the coaches
444 and adult representatives responsible for the violations are
445 prospectively suspended.
446 (j) The FHSAA organization shall adopt guidelines to
447 educate athletic coaches, officials, administrators, and student
448 athletes and their parents of the nature and risk of concussion
449 and head injury.
450 (k) The FHSAA organization shall adopt bylaws or policies
451 that require the parent of a student who is participating in
452 interscholastic athletic competition or who is a candidate for
453 an interscholastic athletic team to sign and return an informed
454 consent that explains the nature and risk of concussion and head
455 injury, including the risk of continuing to play after
456 concussion or head injury, each year before participating in
457 interscholastic athletic competition or engaging in any
458 practice, tryout, workout, or other physical activity associated
459 with the student’s candidacy for an interscholastic athletic
460 team.
461 (l) The FHSAA organization shall adopt bylaws or policies
462 that require each student athlete who is suspected of sustaining
463 a concussion or head injury in a practice or competition to be
464 immediately removed from the activity. A student athlete who has
465 been removed from an activity may not return to practice or
466 competition until the student submits to the school a written
467 medical clearance to return stating that the student athlete no
468 longer exhibits signs, symptoms, or behaviors consistent with a
469 concussion or other head injury. Medical clearance must be
470 authorized by the appropriate health care practitioner trained
471 in the diagnosis, evaluation, and management of concussions as
472 defined by the Sports Medicine Advisory Committee of the Florida
473 High School Athletic Association.
474 (m) The FHSAA organization shall adopt bylaws for the
475 establishment and duties of a sports medicine advisory committee
476 composed of the following members:
477 1. Eight physicians licensed under chapter 458 or chapter
478 459 with at least one member licensed under chapter 459.
479 2. One chiropractor licensed under chapter 460.
480 3. One podiatrist licensed under chapter 461.
481 4. One dentist licensed under chapter 466.
482 5. Three athletic trainers licensed under part XIII of
483 chapter 468.
484 6. One member who is a current or retired head coach of a
485 high school in the state.
486 (n) Student residence and transfer approvals shall be
487 determined by the district school board in the case of a public
488 school student, and by the private school in the case of a
489 private school student. If the school district or private school
490 approves the student residence or transfer, the student remains
491 eligible to participate in high school athletic competition
492 under the FHSAA jurisdiction.
493 1. The FHSAA may challenge the student’s eligibility to
494 participate in a high school athletic competition under its
495 jurisdiction by filing a petition for a hearing with the
496 Division of Administrative Hearings pursuant to s. 120.569, with
497 a copy of the petition contemporaneously provided to the
498 student, parent, coach, and school. The student remains eligible
499 unless a final order finding the student’s ineligibility is
500 rendered.
501 2. The burden is on the FHSAA to demonstrate by clear and
502 convincing evidence that the student is ineligible. The
503 administrative law judge shall issue a final order pursuant to
504 s. 120.68. If the administrative law judge finds that the
505 student remains eligible, the final order shall award all
506 reasonable costs and attorney fees to be paid to all respondents
507 by the FHSAA. The FHSAA may not seek to recoup these costs and
508 expenses from any other person, entity, or party.
509 (3) GOVERNING STRUCTURE OF THE FLORIDA HIGH SCHOOL ATHLETIC
510 ASSOCIATION ORGANIZATION.—
511 (a) The FHSAA shall operate as a representative democracy
512 in which the sovereign authority is within its member schools.
513 Except as provided in this section, the FHSAA shall govern its
514 affairs through its bylaws.
515 (b) Each member school, on its annual application for
516 membership, shall name its official representative to the FHSAA.
517 This representative must be either the school principal or his
518 or her designee. That designee must either be an assistant
519 principal or athletic director housed within that same school.
520 (c) The FHSAA’s membership shall be divided along existing
521 county lines into four contiguous and compact administrative
522 regions, each containing an equal or nearly equal number of
523 member schools to ensure equitable representation on the FHSAA’s
524 board of directors, representative assembly, and appeals
525 committees.
526 (4) BOARD OF DIRECTORS.—
527 (a) The executive authority of the FHSAA shall be vested in
528 its board of directors. Any entity that appoints members to the
529 board of directors shall examine the ethnic and demographic
530 composition of the board when selecting candidates for
531 appointment and shall, to the greatest extent possible, make
532 appointments that reflect state demographic and population
533 trends. The board of directors shall be composed of 25 16
534 persons, as follows:
535 1. Four public member school representatives, one elected
536 from among its public school representative members within each
537 of the four administrative regions.
538 2. Four nonpublic member school representatives, one
539 elected from among its nonpublic school representative members
540 within each of the four administrative regions.
541 3. Four Three representatives appointed by the
542 commissioner, one appointed from each of the four administrative
543 regions one appointed from the two northernmost administrative
544 regions and one appointed from the two southernmost
545 administrative regions. The third representative shall be
546 appointed to balance the board for diversity or state population
547 trends, or both.
548 4. Two district school superintendents, one elected from
549 the two northernmost administrative regions by the members in
550 those regions and one elected from the two southernmost
551 administrative regions by the members in those regions.
552 5. Two district school board members, one elected from the
553 two northernmost administrative regions by the members in those
554 regions and one elected from the two southernmost administrative
555 regions by the members in those regions.
556 6. The commissioner or his or her designee from the
557 department executive staff.
558 7. Four representatives appointed by the President of the
559 Senate, one appointed from each of the four administrative
560 regions.
561 8. Four representatives appointed by the Speaker of the
562 House of Representatives, one appointed from each of the four
563 administrative regions.
564 (b) A quorum of the board of directors shall consist of one
565 more than half of its nine members.
566 (c) The board of directors shall elect a president and a
567 vice president from among its members. These officers shall also
568 serve as officers of the FHSAA.
569 (d) Members of the board of directors shall serve terms of
570 3 years and are eligible to succeed themselves only once. A
571 member of the board of directors, other than the commissioner or
572 his or her designee, may serve a maximum of 6 consecutive years.
573 The FHSAA’s bylaws shall establish a rotation of terms to ensure
574 that a majority of the members’ terms do not expire
575 concurrently.
576 (e) The authority and duties of the board of directors,
577 acting as a body and in accordance with the FHSAA’s bylaws, are
578 as follows:
579 1. To act as the incorporated FHSAA’s board of directors
580 and to fulfill its obligations as required by the FHSAA’s
581 charter and articles of incorporation.
582 2. To establish such guidelines, regulations, policies, and
583 procedures as are authorized by the bylaws.
584 3. To employ an FHSAA executive director, who has shall
585 have the authority to waive the bylaws of the FHSAA in order to
586 comply with statutory changes. The executive director’s salary
587 shall be no greater than that set by law for the Governor of
588 this state. The executive director may not receive a car
589 allowance or cellular telephone as a result of his or her
590 employment. The executive director is not entitled to per diem
591 and travel expenses in excess of the rate provided for state
592 employees under s. 112.061.
593 4. To levy annual dues and other fees and to set the
594 percentage of contest receipts to be collected by the FHSAA.
595 5. To approve the budget of the FHSAA.
596 6. To organize and conduct statewide interscholastic
597 competitions, which may or may not lead to state championships,
598 and to establish the terms and conditions for these
599 competitions.
600 7. To act as an administrative board in the interpretation
601 of, and final decision on, all questions and appeals arising
602 from the directing of interscholastic athletics of member
603 schools.
604 (6) PUBLIC LIAISON ADVISORY COMMITTEE.—
605 (f) Members of the public liaison advisory committee are
606 entitled to per diem and travel expenses at the same rate
607 provided for state employees under s. 112.061.
608 Section 4. This act shall take effect July 1, 2013.