Florida Senate - 2013                             CS for SB 1164
       
       
       
       By the Committee on Education; and Senators Stargel and Bullard
       
       
       
       
       581-04996-13                                          20131164c1
    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; defining the term “public
    7         school”; authorizing certain students to participate
    8         in an extracurricular activity at another school
    9         subject to certain requirements; amending s. 1006.19,
   10         F.S.; providing requirements for an annual financial
   11         and compliance audit of an association that supervises
   12         interscholastic activities of public high schools;
   13         requiring that an association or corporation that
   14         supervises interscholastic activities of public high
   15         schools complete a report; specifying report
   16         requirements; requiring the report to be submitted to
   17         the Commissioner of Education and the Legislature
   18         annually; amending s. 1006.20, F.S.; providing that
   19         the designation of the Florida High School Athletic
   20         Association (FHSAA) as the governing nonprofit
   21         organization of athletics expires on a specified date;
   22         specifying that the FHSAA is subject to the provisions
   23         of chs. 119 and 286, F.S.; revising the criteria for
   24         bylaws, policies, or guidelines adopted by the FHSAA;
   25         requiring the FHSAA to complete a review by a
   26         specified date; requiring that the FHSAA submit a
   27         report to the Commissioner of Education, the Governor,
   28         and the Legislature; providing requirements for
   29         investigations and investigators; authorizing the
   30         assessment of fees to cover costs for certain
   31         proceedings; establishing notice requirements;
   32         providing procedures for student residence and
   33         transfer approvals; providing for hearings before the
   34         Division of Administrative Hearings (DOAH);
   35         authorizing DOAH to assess fees payable by the
   36         nonprevailing party to administer the hearings;
   37         providing that the burden is on the FHSAA to
   38         demonstrate by clear and convincing evidence that a
   39         student is ineligible to participate in a high school
   40         athletic competition; requiring that the FHSAA pay
   41         costs and attorney fees in certain circumstances;
   42         revising the composition of the board of directors of
   43         the FHSAA and terms of office; revising what
   44         constitutes a quorum of the board of directors;
   45         providing that the appointment of the executive
   46         director is subject to Senate confirmation; providing
   47         restrictions on the salary, per diem, and travel
   48         expenses of the FHSAA’s executive director; providing
   49         restrictions on the levy of dues and fees and the
   50         collection of contest receipts; providing authority to
   51         levy fines, penalties, and sanctions against schools
   52         and coaches; revising provisions relating to the
   53         FHSAA’s representative assembly; providing that
   54         members of the FHSAA’s public liaison advisory
   55         committee are entitled to reimbursement for per diem
   56         and travel expenses at the same rate as state
   57         employees; providing an effective date.
   58  
   59  Be It Enacted by the Legislature of the State of Florida:
   60  
   61         Section 1. Subsection (17) of section 1002.20, Florida
   62  Statutes, is reenacted and amended to read:
   63         1002.20 K-12 student and parent rights.—Parents of public
   64  school students must receive accurate and timely information
   65  regarding their child’s academic progress and must be informed
   66  of ways they can help their child to succeed in school. K-12
   67  students and their parents are afforded numerous statutory
   68  rights including, but not limited to, the following:
   69         (17) ATHLETICS; PUBLIC HIGH SCHOOL.—
   70         (a) Eligibility.—Eligibility requirements for all students
   71  participating in a high school athletic competition must allow a
   72  student to be eligible in the school in which he or she first
   73  enrolls each school year, the school in which the student makes
   74  himself or herself a candidate for an athletic team by engaging
   75  in practice before enrolling, or the school to which the student
   76  has transferred with approval of the district school board, in
   77  accordance with the provisions of s. 1006.20(2)(a).
   78         (b) Medical evaluation.—Students must satisfactorily pass a
   79  medical evaluation each year before participating in athletics,
   80  unless the parent objects in writing based on religious tenets
   81  or practices, in accordance with the provisions of s.
   82  1006.20(2)(d).
   83         Section 2. Paragraphs (a), (d), (e), (f), and (g) of
   84  subsection (3) and subsections (5) and (8) of section 1006.15,
   85  Florida Statutes, are amended, and new paragraphs (f) and (g)
   86  are added to subsection (3) of that section, to read:
   87         1006.15 Student standards for participation in
   88  interscholastic and intrascholastic extracurricular student
   89  activities; regulation.—
   90         (3)(a) Provided all eligibility requirements of this
   91  section and s. 1006.20 are met, a student attending any school
   92  identified in this section is presumed eligible to participate
   93  in interscholastic extracurricular student activities. For
   94  purposes of this section, the term “public school” includes the
   95  Florida Virtual School, a full-time virtual instruction program
   96  pursuant to s. 1002.45, a virtual charter school, and a charter
   97  school. A student remains eligible to participate in
   98  interscholastic extracurricular student activities if the
   99  student To be eligible to participate in interscholastic
  100  extracurricular student activities, a student must:
  101         1. Maintains Maintain a grade point average of 2.0 or above
  102  on a 4.0 scale, or its equivalent, in the previous semester or a
  103  cumulative grade point average of 2.0 or above on a 4.0 scale,
  104  or its equivalent, in the courses required by s. 1003.43(1).
  105         2. Executes Execute and fulfills fulfill the requirements
  106  of an academic performance contract between the student, the
  107  district school board, the appropriate governing association,
  108  and the student’s parents, if the student’s cumulative grade
  109  point average falls below 2.0, or its equivalent, on a 4.0 scale
  110  in the courses required by s. 1003.43(1) or, for students who
  111  entered the 9th grade prior to the 1997-1998 school year, if the
  112  student’s cumulative grade point average falls below 2.0 on a
  113  4.0 scale, or its equivalent, in the courses required by s.
  114  1003.43(1) which are taken after July 1, 1997. At a minimum, the
  115  contract must require that the student attend summer school, or
  116  its graded equivalent, between grades 9 and 10 or grades 10 and
  117  11, as necessary.
  118         3. Has Have a cumulative grade point average of 2.0 or
  119  above on a 4.0 scale, or its equivalent, in the courses required
  120  by s. 1003.43(1) during his or her junior or senior year.
  121         4. Maintains Maintain satisfactory conduct, including
  122  adherence to appropriate dress and other codes of student
  123  conduct policies described in s. 1006.07(2). If a student is
  124  convicted of, or is found to have committed, a felony or a
  125  delinquent act that would have been a felony if committed by an
  126  adult, regardless of whether adjudication is withheld, the
  127  student’s participation in interscholastic extracurricular
  128  activities is contingent upon established and published district
  129  school board policy.
  130         (d) An individual charter school student pursuant to s.
  131  1002.33 is eligible to participate at the public school to which
  132  the student would be assigned according to district school board
  133  attendance area policies or which the student could choose to
  134  attend, pursuant to district or interdistrict controlled open
  135  enrollment provisions, or a conversion charter school when the
  136  student resides within the conversion charter school’s
  137  attendance zone as provided in s. 1002.33(10)(c), in any
  138  interscholastic extracurricular activity of that school, unless
  139  such activity is provided by the student’s charter school, if
  140  the following conditions are met:
  141         1. The charter school student must meet the requirements of
  142  the charter school education program as determined by the
  143  charter school governing board.
  144         2. During the period of participation at a school, the
  145  charter school student must demonstrate educational progress as
  146  required in paragraph (b).
  147         3. The charter school student must meet the same residency
  148  requirements as other students in the school at which he or she
  149  participates.
  150         4. The charter school student must meet the same standards
  151  of acceptance, behavior, and performance that are required of
  152  other students in extracurricular activities.
  153         5. The charter school student must register with the school
  154  his or her intent to participate in interscholastic
  155  extracurricular activities as a representative of the school
  156  before the beginning date of the season for the activity in
  157  which he or she wishes to participate. A charter school student
  158  must be able to participate in curricular activities if that is
  159  a requirement for an extracurricular activity.
  160         6. A student who transfers from a charter school program to
  161  a traditional public school before or during the first grading
  162  period of the school year is academically eligible to
  163  participate in interscholastic extracurricular activities during
  164  the first grading period if the student has a successful
  165  evaluation from the previous school year, pursuant to
  166  subparagraph 2.
  167         7. Any public school or private school student who has been
  168  unable to maintain academic eligibility for participation in
  169  interscholastic extracurricular activities is ineligible to
  170  participate in such activities as a charter school student until
  171  the student has successfully completed one grading period in a
  172  charter school pursuant to subparagraph 2. to become eligible to
  173  participate as a charter school student.
  174         (e) A student of the Florida Virtual School full-time
  175  program is eligible to may participate in any interscholastic
  176  extracurricular activity at the public school to which the
  177  student would be assigned according to district school board
  178  attendance area policies or which the student could choose to
  179  attend, pursuant to district or interdistrict controlled open
  180  enrollment policies, if the following conditions are met
  181  student:
  182         1. During the period of participation in the
  183  interscholastic extracurricular activity, the Florida Virtual
  184  School student must meet meets the requirements in paragraph
  185  (a).
  186         2. The Florida Virtual School student must meet meets any
  187  additional requirements as determined by the board of trustees
  188  of the Florida Virtual School.
  189         3. The Florida Virtual School student must meet Meets the
  190  same residency requirements as other students in the school at
  191  which he or she participates.
  192         4. The Florida Virtual School student must meet Meets the
  193  same standards of acceptance, behavior, and performance that are
  194  required of other students in extracurricular activities.
  195         5. The Florida Virtual School student must register with
  196  the school Registers his or her intent to participate in
  197  interscholastic extracurricular activities with the school
  198  before the beginning date of the season for the activity in
  199  which he or she wishes to participate. A Florida Virtual School
  200  student must be able to participate in curricular activities if
  201  that is a requirement for an extracurricular activity.
  202         6.(f) A student who transfers from the Florida Virtual
  203  School full-time program to a traditional public school before
  204  or during the first grading period of the school year is
  205  academically eligible to participate in interscholastic
  206  extracurricular activities during the first grading period if
  207  the student has a successful evaluation from the previous school
  208  year pursuant to paragraph (a).
  209         7.(g) A public school or private school student who has
  210  been unable to maintain academic eligibility for participation
  211  in interscholastic extracurricular activities is ineligible to
  212  participate in such activities as a Florida Virtual School
  213  student until the student successfully completes one grading
  214  period in the Florida Virtual School pursuant to paragraph (a).
  215         (f) A student who attends a public school or a private
  216  school that does not offer a particular extracurricular activity
  217  may participate in such an activity on a space-available basis
  218  if it is offered at any public school that the student could
  219  choose to attend pursuant to district or interdistrict
  220  controlled open enrollment provisions, or may develop an
  221  agreement to participate in that extracurricular activity at a
  222  private school, limited to one additional extracurricular
  223  activity at a different school each academic year, if the
  224  student:
  225         1. Meets the requirements for eligibility to participate in
  226  interscholastic extracurricular activities, as provided under
  227  paragraph (a);
  228         2. Demonstrates educational progress at the school he or
  229  she attends as required in paragraph (b);
  230         3. Meets the same standards of acceptance, behavior, and
  231  performance that are required of other students in
  232  extracurricular activities;
  233         4. Pays any fees required of other students who participate
  234  in the extracurricular activity; and
  235         5. Registers with the school that offers the
  236  extracurricular activity his or her intent to participate in the
  237  interscholastic extracurricular activity at that school before
  238  the beginning date of the season for the activity in which he or
  239  she wishes to participate. A public school student must
  240  participate in a curricular activity if it is a requirement for
  241  an extracurricular activity. The student may choose to
  242  participate in the required curricular activity at the school he
  243  or she attends or at the school in which he or she participates
  244  in the extracurricular activity.
  245         (g) The parents of a student who participates in an
  246  extracurricular activity under paragraph (f) are responsible for
  247  transporting their child to and from the school at which the
  248  student participates. The public school the student attends, the
  249  school at which the student participates in the extracurricular
  250  activity, the district school board, and the Florida High School
  251  Athletic Association (FHSAA) are exempt from civil liability
  252  arising from any injury that occurs to the student during such
  253  transportation.
  254         (5) An Any organization or entity that regulates or governs
  255  interscholastic extracurricular activities of public schools:
  256         (a) Shall permit home education associations to join as
  257  member schools.
  258         (b) May Shall not discriminate against any eligible student
  259  based on an educational choice of public, private, or home
  260  education.
  261         (8)(a) The FHSAA Florida High School Athletic Association
  262  (FHSAA), in cooperation with each district school board, shall
  263  facilitate a program in which a middle school or high school
  264  student who attends a private school shall be eligible to
  265  participate in an interscholastic or intrascholastic sport at a
  266  public high school, a public middle school, or a 6-12 public
  267  school that is zoned for the physical address at which the
  268  student resides if:
  269         1. The private school in which the student is enrolled is
  270  not a member of the FHSAA and does not offer an interscholastic
  271  or intrascholastic athletic program.
  272         2. The private school student meets the guidelines for the
  273  conduct of the program established by the FHSAA’s board of
  274  directors and the district school board. At a minimum, such
  275  guidelines shall provide:
  276         a. A deadline for each sport by which the private school
  277  student’s parents must register with the public school in
  278  writing their intent for their child to participate at that
  279  school in the sport.
  280         b. Requirements for a private school student to
  281  participate, including, but not limited to, meeting the same
  282  standards of eligibility, acceptance, behavior, educational
  283  progress, and performance which apply to other students
  284  participating in interscholastic or intrascholastic sports at a
  285  public school or FHSAA member private school.
  286         (b) The parents of a private school student participating
  287  in a public school sport under this subsection are responsible
  288  for transporting their child to and from the public school at
  289  which the student participates. The private school the student
  290  attends, the public school at which the student participates in
  291  a sport, the district school board, and the FHSAA are exempt
  292  from civil liability arising from any injury that occurs to the
  293  student during such transportation.
  294         (c) For each academic year, a private school student may
  295  only participate at the public school in which the student is
  296  first registered under sub-subparagraph (a)2.a. or makes himself
  297  or herself a candidate for an athletic team by engaging in a
  298  practice.
  299         (d) The athletic director of each participating FHSAA
  300  member public school shall maintain the student records
  301  necessary for eligibility, compliance, and participation in the
  302  program.
  303         (e) Any non-FHSAA member private school that has a student
  304  who wishes to participate in this program must make all student
  305  records, including, but not limited to, academic, financial,
  306  disciplinary, and attendance records, available upon request of
  307  the FHSAA.
  308         (f) A student must apply to participate in this program
  309  through the FHSAA program application process.
  310         (g) Only students who are enrolled in non-FHSAA member
  311  private schools consisting of 125 students or fewer in the
  312  middle school grades or 125 students or fewer in the high school
  313  grades are eligible to participate in the program in any given
  314  academic year.
  315         Section 3. Subsections (1) of section 1006.19, Florida
  316  Statutes, is amended, and a new subsection (3) is added to that
  317  section to read:
  318         1006.19 Audit of records of nonprofit corporations and
  319  associations handling interscholastic activities; annual
  320  report.—
  321         (1) Each nonprofit association or corporation that operates
  322  for the purpose of supervising and controlling interscholastic
  323  activities of public high schools and whose membership is
  324  composed of duly certified representatives of public high
  325  schools, and whose rules and regulations are established by
  326  members thereof, shall have an annual financial and compliance
  327  audit of its accounts and records by an independent certified
  328  public accountant retained by it and paid from its funds, in
  329  accordance with rules adopted by the Auditor General. The audit
  330  must be conducted in compliance with generally accepted auditing
  331  standards and include a report on financial statements presented
  332  in accordance with generally accepted accounting principles set
  333  forth by the American Institute of Certified Public Accountants
  334  for not-for-profit organizations and a determination of
  335  compliance with the statutory eligibility and expenditure
  336  requirements of s. 1006.20. Audits shall be submitted to the
  337  Auditor General, the Speaker of the House of Representatives,
  338  and the Senate President within 180 days after the end of each
  339  fiscal year. The accountant shall furnish a copy of the audit
  340  report to the Auditor General.
  341         (3) Any such nonprofit association or corporation shall
  342  provide a report of the number of appeals and other cases
  343  involving the FHSAA and the disposition of those matters. The
  344  report must include how many cases were filed, either with the
  345  FHSAA or another tribunal, the number of cases that the initial
  346  decision of the FHSAA or its member were affirmed, reversed, or
  347  otherwise resolved, and a summary of the nature of the issue in
  348  dispute. By October 1 of each year, the report must be submitted
  349  to the Commissioner of Education, the President of the Senate,
  350  and the Speaker of the House of Representatives.
  351         Section 4. Subsections (1) through (5) of section 1006.20,
  352  Florida Statutes, are amended, and paragraph (f) is added to
  353  subsection (6) of that section to read:
  354         1006.20 Athletics in public K-12 schools.—
  355         (1) GOVERNING NONPROFIT ORGANIZATION.—The Florida High
  356  School Athletic Association (FHSAA) is designated as the
  357  governing nonprofit organization of athletics in Florida public
  358  schools. This designation expires July 1, 2017. If the FHSAA
  359  fails to meet the provisions of this section or the Legislature
  360  does not timely designate a successor, the commissioner shall
  361  designate a nonprofit organization to govern athletics with the
  362  approval of the State Board of Education for successive terms
  363  not to exceed 4 years each or until the Legislature designates a
  364  successor. The FHSAA is not a state agency as defined in s.
  365  120.52. The Legislature determines it is in the public interest
  366  and reflects the state’s public policy that FHSAA operate in the
  367  most open and accessible manner consistent with its public
  368  purposes. To this end, the Legislature specifically declares
  369  that FHSAA and its divisions, boards, and advisory councils, or
  370  similar entities created or managed by FHSAA are subject to the
  371  provisions of chapter 119 relating to public records and those
  372  provisions of chapter 286 relating to public meetings. The FHSAA
  373  shall be subject to the provisions of s. 1006.19. A private
  374  school that wishes to engage in high school athletic competition
  375  with a public high school may become a member of the FHSAA. Any
  376  high school in the state, including charter schools, virtual
  377  schools, and home education cooperatives, may become a member of
  378  the FHSAA and participate in the activities of the FHSAA.
  379  However, membership in the FHSAA is not mandatory for any
  380  school. The FHSAA may not deny or discourage interscholastic
  381  competition between its member schools and non-FHSAA member
  382  Florida schools, including members of another athletic governing
  383  organization, and may not take any retributory or discriminatory
  384  action against any of its member schools that participate in
  385  interscholastic competition with non-FHSAA member Florida
  386  schools. The FHSAA may not unreasonably withhold its approval of
  387  an application to become an affiliate member of the National
  388  Federation of State High School Associations submitted by any
  389  other organization that governs interscholastic athletic
  390  competition in this state. The bylaws of the FHSAA are the rules
  391  by which high school athletic programs in its member schools,
  392  and the students who participate in them, are governed, unless
  393  otherwise specifically provided by statute. For the purposes of
  394  this section, “high school” includes grades 6 through 12.
  395         (2) ADOPTION OF BYLAWS, POLICIES, OR GUIDELINES.—
  396         (a) The FHSAA shall adopt bylaws that, unless otherwise
  397  provided by statute, presume the eligibility of students and
  398  specify limited violations that result in ineligibility for
  399  students who participate in high school athletic competition in
  400  its member schools. The bylaws must ensure that:
  401         1. A student remains eligible in the school in which he or
  402  she first enrolls each school year or the school in which the
  403  student makes himself or herself a candidate for an athletic
  404  team by engaging in a practice before enrolling in the school.
  405         2. A student remains eligible in the school to which the
  406  student has transferred during the school year if the transfer
  407  is made by a deadline established by the FHSAA, which may not be
  408  before the date authorized for the beginning of practice for the
  409  sport.
  410         3. Once a student residence or transfer is approved by the
  411  district school board or private school, as applicable, the
  412  student remains eligible in the school if he or she remains
  413  enrolled in the school and complies with applicable
  414  requirements.
  415         4. An otherwise eligible student athlete is not unfairly
  416  punished for rule, eligibility, or recruiting violations
  417  committed by a teammate, coach, administrator, school, or adult
  418  representative. Competition of otherwise eligible student
  419  athletes is not prospectively limited for rule, eligibility, or
  420  recruiting violations of a teammate, coach, administrator,
  421  school, or adult representative.
  422         5. A student is ineligible if the student or parent
  423  intentionally and knowingly falsifies an enrollment or
  424  eligibility document or intentionally and knowingly accepts a
  425  significant benefit or a promise of significant benefit that is
  426  not reasonably available to the school’s students or family
  427  members and that is provided based primarily on the student’s
  428  athletic interest, potential, or performance.
  429         6. A student may not be ineligible based upon recruitment
  430  or otherwise only because the student:
  431         a. Participated on a non-school team or non-school teams
  432  affiliated with the school in which the student ultimately
  433  enrolls; or
  434         b. Participated in activities sponsored by a member school
  435  if, after participating, the student registers for, enrolls in
  436  or applies to attend the sponsoring school.
  437         7. Ineligibility requirements shall be applied to public
  438  school students on an equal basis with private school students.
  439         8. Ineligibility requirements shall be applied to transfer
  440  students on an equal basis with nontransfer students.
  441         9. Prescribed violations must be substantially related to
  442  specific, important objectives and must be limited to address
  443  only the minimal requirements necessary to accomplish the
  444  objectives.
  445  
  446  The FHSAA shall complete a comprehensive review and analysis of
  447  all existing bylaws, policies, and administrative procedures to
  448  determine compliance with this paragraph by October 1, 2013. The
  449  FHSAA shall provide a detailed report originating from its
  450  review and analysis, which must include, but need not be limited
  451  to, specifically articulating how each violation or requirement
  452  in the bylaws, policies, and administrative procedures is
  453  substantially related to an identified, important objective and
  454  any necessary corrective action. The FHSAA shall provide a copy
  455  of the report to the Commissioner of Education, the Governor,
  456  the President of the Senate, and the Speaker of the House of
  457  Representatives by October 15, 2013. Bylaws, policies, or
  458  administrative procedures that are noncompliant with this
  459  paragraph are void as of January 1, 2014 The FHSAA shall adopt
  460  bylaws that, unless specifically provided by statute, establish
  461  eligibility requirements for all students who participate in
  462  high school athletic competition in its member schools. The
  463  bylaws governing residence and transfer shall allow the student
  464  to be eligible in the school in which he or she first enrolls
  465  each school year or the school in which the student makes
  466  himself or herself a candidate for an athletic team by engaging
  467  in a practice prior to enrolling in the school. The bylaws shall
  468  also allow the student to be eligible in the school to which the
  469  student has transferred during the school year if the transfer
  470  is made by a deadline established by the FHSAA, which may not be
  471  prior to the date authorized for the beginning of practice for
  472  the sport. These transfers shall be allowed pursuant to the
  473  district school board policies in the case of transfer to a
  474  public school or pursuant to the private school policies in the
  475  case of transfer to a private school. The student shall be
  476  eligible in that school so long as he or she remains enrolled in
  477  that school. Subsequent eligibility shall be determined and
  478  enforced through the FHSAA’s bylaws. Requirements governing
  479  eligibility and transfer between member schools shall be applied
  480  similarly to public school students and private school students.
  481         (b) The FHSAA shall adopt bylaws that specifically prohibit
  482  the recruiting of students for athletic purposes. The bylaws
  483  must shall prescribe penalties and an appeals process for
  484  athletic recruiting violations. If it is determined that a
  485  school has recruited a student in violation of FHSAA bylaws, the
  486  FHSAA may require the school to participate in a higher
  487  classification for the sport in which the recruited student
  488  competes for a minimum of one classification cycle, in addition
  489  to any other appropriate fine and sanction imposed on the
  490  school, its coaches, or adult representatives who violate
  491  recruiting rules. A student may not be declared ineligible based
  492  on violation of recruiting rules unless the student or parent
  493  has falsified any enrollment or eligibility document or accepted
  494  any benefit or any promise of benefit if such benefit is not
  495  generally available to the school’s students or family members
  496  or is based in any way on athletic interest, potential, or
  497  performance.
  498         (c) The FHSAA shall adopt bylaws that require all students
  499  participating in interscholastic athletic competition or who are
  500  candidates for an interscholastic athletic team to
  501  satisfactorily pass a medical evaluation each year before prior
  502  to participating in interscholastic athletic competition or
  503  engaging in any practice, tryout, workout, or other physical
  504  activity associated with the student’s candidacy for an
  505  interscholastic athletic team. Such medical evaluation may be
  506  administered only by a practitioner licensed under chapter 458,
  507  chapter 459, chapter 460, or s. 464.012, and in good standing
  508  with the practitioner’s regulatory board. The bylaws must shall
  509  establish requirements for eliciting a student’s medical history
  510  and performing the medical evaluation required under this
  511  paragraph, which must shall include a physical assessment of the
  512  student’s physical capabilities to participate in
  513  interscholastic athletic competition as contained in a uniform
  514  preparticipation physical evaluation and history form. The
  515  evaluation form must shall incorporate the recommendations of
  516  the American Heart Association for participation cardiovascular
  517  screening and must shall provide a place for the signature of
  518  the practitioner performing the evaluation with an attestation
  519  that each examination procedure listed on the form was performed
  520  by the practitioner or by someone under the direct supervision
  521  of the practitioner. The form must shall also contain a place
  522  for the practitioner to indicate if a referral to another
  523  practitioner was made in lieu of completion of a certain
  524  examination procedure. The form must shall provide a place for
  525  the practitioner to whom the student was referred to complete
  526  the remaining sections and attest to that portion of the
  527  examination. The preparticipation physical evaluation form must
  528  shall advise students to complete a cardiovascular assessment
  529  and must shall include information concerning alternative
  530  cardiovascular evaluation and diagnostic tests. Results of such
  531  medical evaluation must be provided to the school. No student
  532  shall be eligible to participate in any interscholastic athletic
  533  competition or engage in any practice, tryout, workout, or other
  534  physical activity associated with the student’s candidacy for an
  535  interscholastic athletic team until the results of the medical
  536  evaluation have been received and approved by the school.
  537         (d) Notwithstanding the provisions of paragraph (c), a
  538  student may participate in interscholastic athletic competition
  539  or be a candidate for an interscholastic athletic team if the
  540  parent of the student objects in writing to the student
  541  undergoing a medical evaluation because such evaluation is
  542  contrary to his or her religious tenets or practices. However,
  543  in such case, there shall be no liability on the part of any
  544  person or entity in a position to otherwise rely on the results
  545  of such medical evaluation for any damages resulting from the
  546  student’s injury or death arising directly from the student’s
  547  participation in interscholastic athletics where an undisclosed
  548  medical condition that would have been revealed in the medical
  549  evaluation is a proximate cause of the injury or death.
  550         (e) The FHSAA shall adopt bylaws that regulate persons who
  551  conduct investigations on behalf of the FHSAA. A formal
  552  investigation must be completed within 90 days after the onset
  553  of the investigation, and the FHSAA may not contract or in any
  554  way pay for more than 520 hours of work for any investigation.
  555  The bylaws must shall include provisions that require an
  556  investigator to:
  557         1. Undergo level 2 background screening under s. 435.04,
  558  establishing that the investigator has not committed any
  559  disqualifying offense listed in s. 435.04, unless the
  560  investigator can provide proof of compliance with level 2
  561  screening standards submitted within the previous 5 years to
  562  meet any professional licensure requirements, provided:
  563         a. The investigator has not had a break in service from a
  564  position that requires level 2 screening for more than 90 days;
  565  and
  566         b. The investigator submits, under penalty of perjury, an
  567  affidavit verifying that the investigator has not committed any
  568  disqualifying offense listed in s. 435.04 and is in full
  569  compliance with this paragraph.
  570         2. Be appointed as an investigator by the executive
  571  director.
  572         3. Carry a photo identification card that shows the FHSAA
  573  name, logo, and the investigator’s official title.
  574         4. Notwithstanding s. 493.6102, maintain a valid class “C”
  575  license as established in chapter 493.
  576         5.4. Adhere to the following guidelines:
  577         a. Investigate only those alleged violations assigned by
  578  the executive director or the board of directors.
  579         b. Conduct interviews on Monday through Friday between the
  580  hours of 9 a.m. and 7 p.m. only, unless previously agreed to by
  581  the interviewee.
  582         c.Notify at least 24 hours before the interview at least
  583  one custodial parent of a student being interviewed of the right
  584  to be present during the interview upon the good-faith request
  585  of the parent for a reasonable period of time if necessary for
  586  the parent to attend the interview.
  587         d.c. Allow both parents the parent of any student being
  588  interviewed to be present during the interview.
  589         d. Search residences or other private areas only with the
  590  permission of the executive director and the written consent of
  591  the student’s parent and only with a parent or a representative
  592  of the parent present.
  593         6. Provide notice to the affected student, parent, coach,
  594  and school within 2 business days after the assignment of a
  595  formal investigation into ineligibility or other violation of
  596  law or rule. If the executive director certifies in writing that
  597  a compelling need to withhold notice exists, identifying with
  598  specificity why notice must not be provided, the notice is not
  599  required until the investigator concludes the investigation. The
  600  executive director shall provide a copy of the certification to
  601  the Commissioner of Education within 1 business day after
  602  signing the certification.
  603         7. Provide the affected student, parent, coach, and school
  604  within 5 business days after completion of the formal
  605  investigation a copy of the investigation report and any
  606  recommendation made by the investigator, executive director, or
  607  board of directors.
  608         (f) The FHSAA shall adopt bylaws that establish sanctions
  609  for coaches who have committed major violations of the FHSAA’s
  610  bylaws and policies.
  611         1. Major violations include, but are not limited to,
  612  knowingly allowing an ineligible student to participate in a
  613  contest representing a member school in an interscholastic
  614  contest, or committing a violation of the FHSAA’s recruiting or
  615  sportsmanship policies, or colluding with a coach to prevent a
  616  member or non-member school from scheduling competitions among
  617  themselves.
  618         2. Sanctions placed upon an individual coach may include,
  619  but are not limited to, prohibiting or suspending the coach from
  620  coaching, participating in, or attending any athletic activity
  621  sponsored, recognized, or sanctioned by the FHSAA and the member
  622  school for which the coach committed the violation. If a coach
  623  is sanctioned by the FHSAA and the coach transfers to another
  624  member school, those sanctions remain in full force and effect
  625  during the term of the sanction.
  626         3. If a member school is assessed a financial penalty as a
  627  result of a coach committing a major violation, the coach shall
  628  reimburse the member school before being allowed to coach,
  629  participate in, or attend any athletic activity sponsored,
  630  recognized, or sanctioned by the FHSAA and a member school.
  631         4. The FHSAA shall establish a due process procedure for
  632  coaches sanctioned under this paragraph, consistent with the
  633  appeals procedures set forth in subsection (7).
  634         (g) The FHSAA shall adopt bylaws establishing the process
  635  and standards by which FHSAA investigations into ineligibility
  636  are initiated and determinations of sanctions or eligibility
  637  determinations against a student, coach, or school eligibility
  638  are made. Such bylaws must shall provide that:
  639         1. Ineligibility must be established by clear and
  640  convincing evidence;
  641         2. Initial investigations into allegations of ineligibility
  642  may be initiated by the FHSAA only if supported by credible
  643  information from an identified source or from an anonymous
  644  source with credible corroboration and which, if proven true,
  645  would reasonably rebut the presumption of ineligibility. An
  646  informal investigation is limited to determining whether there
  647  is a sufficient evidentiary basis to initiate a formal
  648  investigation and to produce the sworn testimony or affidavit
  649  necessary to do so as hereinafter provided. Formal
  650  investigations into ineligibility may not be initiated unless
  651  supported by sworn testimony or affidavits which, if proven
  652  true, would reasonably demonstrate ineligibility by clear and
  653  convincing evidence. The investigator and individual making the
  654  determination shall receive and consider, from students,
  655  parents, coaches, and schools, all evidence of a type commonly
  656  relied upon by reasonably prudent persons in the conduct of
  657  their affairs. Such evidence shall be admissible in the
  658  proceeding, whether or not such evidence would be admissible in
  659  a trial court in this state. An investigator or other agent of
  660  the FHSAA may not conduct searches of residences or other
  661  private areas during the course of an investigation. Student
  662  athletes, parents, and schools must have notice of the
  663  initiation of any investigation or other inquiry into
  664  eligibility and may present, to the investigator and to the
  665  individual making the eligibility determination, any information
  666  or evidence that is credible, persuasive, and of a kind
  667  reasonably prudent persons rely upon in the conduct of serious
  668  affairs;
  669         3. An investigator may not determine matters of eligibility
  670  but must submit information and evidence to the executive
  671  director or a person designated by the executive director or by
  672  the board of directors for an unbiased and objective
  673  determination of eligibility; and
  674         4. A determination of ineligibility must be made in
  675  writing, setting forth the findings of fact and specific
  676  violation upon which the decision is based.
  677         (h) In lieu of bylaws adopted under paragraph (g), the
  678  FHSAA may adopt bylaws providing as a minimum the procedural
  679  safeguards of ss. 120.569 and 120.57, making appropriate
  680  provision for appointment of unbiased and qualified hearing
  681  officers.
  682         (i) Any student, coach, or school found to be ineligible
  683  has the option to challenge the ineligibility determination
  684  through the FHSAA appeal process or pursuant to ss. 120.569 and
  685  120.57. The FHSAA shall notify in writing the student, coach, or
  686  school of this option upon making the ineligibility
  687  determination. Such an administrative hearing shall be
  688  expedited. The Division of Administrative Hearings may assess a
  689  fee, payable by the nonprevailing party, sufficient to cover the
  690  cost of the administration of such proceedings The FHSAA bylaws
  691  may not limit the competition of student athletes prospectively
  692  for rule violations of their school or its coaches or their
  693  adult representatives. The FHSAA bylaws may not unfairly punish
  694  student athletes for eligibility or recruiting violations
  695  perpetrated by a teammate, coach, or administrator. Contests may
  696  not be forfeited for inadvertent eligibility violations unless
  697  the coach or a school administrator should have known of the
  698  violation. Contests may not be forfeited for other eligibility
  699  violations or recruiting violations in excess of the number of
  700  contests that the coaches and adult representatives responsible
  701  for the violations are prospectively suspended.
  702         (j) The FHSAA organization shall adopt guidelines to
  703  educate athletic coaches, officials, administrators, and student
  704  athletes and their parents of the nature and risk of concussion
  705  and head injury.
  706         (k) The FHSAA organization shall adopt bylaws or policies
  707  that require the parent of a student who is participating in
  708  interscholastic athletic competition or who is a candidate for
  709  an interscholastic athletic team to sign and return an informed
  710  consent that explains the nature and risk of concussion and head
  711  injury, including the risk of continuing to play after
  712  concussion or head injury, each year before participating in
  713  interscholastic athletic competition or engaging in any
  714  practice, tryout, workout, or other physical activity associated
  715  with the student’s candidacy for an interscholastic athletic
  716  team.
  717         (l) The FHSAA organization shall adopt bylaws or policies
  718  that require each student athlete who is suspected of sustaining
  719  a concussion or head injury in a practice or competition to be
  720  immediately removed from the activity. A student athlete who has
  721  been removed from an activity may not return to practice or
  722  competition until the student submits to the school a written
  723  medical clearance to return stating that the student athlete no
  724  longer exhibits signs, symptoms, or behaviors consistent with a
  725  concussion or other head injury. Medical clearance must be
  726  authorized by the appropriate health care practitioner trained
  727  in the diagnosis, evaluation, and management of concussions as
  728  defined by the Sports Medicine Advisory Committee of the Florida
  729  High School Athletic Association.
  730         (m) The FHSAA organization shall adopt bylaws for the
  731  establishment and duties of a sports medicine advisory committee
  732  composed of the following members:
  733         1. Eight physicians licensed under chapter 458 or chapter
  734  459 with at least one member licensed under chapter 459.
  735         2. One chiropractor licensed under chapter 460.
  736         3. One podiatrist licensed under chapter 461.
  737         4. One dentist licensed under chapter 466.
  738         5. Three athletic trainers licensed under part XIII of
  739  chapter 468.
  740         6. One member who is a current or retired head coach of a
  741  high school in the state.
  742         (n) Student school attendance and transfer approvals shall
  743  be determined by the district school board in the case of a
  744  public school student and by the private school in the case of a
  745  private school student. If the district school board or private
  746  school approves the student school attendance or transfer, the
  747  student remains eligible to participate in high school athletic
  748  competition under the FHSAA jurisdiction.
  749         (o)1. The FHSAA may challenge the student’s eligibility to
  750  participate in a high school athletic competition pursuant to
  751  paragraph (n) by filing a petition for a hearing with the
  752  Division of Administrative Hearings pursuant to s. 120.569, with
  753  a copy of the petition contemporaneously provided to the
  754  student, parent, coach, and school. The student remains eligible
  755  unless a final order finding the student’s ineligibility is
  756  rendered. The Division of Administrative Hearings may assess a
  757  fee, payable by the FHSAA, sufficient to cover the cost of the
  758  administration of such proceedings.
  759         2. The burden is on the FHSAA to demonstrate by clear and
  760  convincing evidence that the student is ineligible. The
  761  administrative law judge shall issue a final order pursuant to
  762  s. 120.68. If the administrative law judge finds that the
  763  student remains eligible, the final order shall award all
  764  reasonable costs and attorney fees to be paid to all respondents
  765  by the FHSAA. The FHSAA may not seek to recoup these costs and
  766  expenses from any other person, entity, or party.
  767         (3) GOVERNING STRUCTURE OF THE ORGANIZATION.—
  768         (a) The FHSAA shall operate as a representative democracy
  769  in which the sovereign authority is within its member schools.
  770  Except as provided in this section, the FHSAA shall govern its
  771  affairs through its bylaws.
  772         (b) Each member school, on its annual application for
  773  membership, shall name its official representative to the FHSAA.
  774  This representative must be either the school principal or his
  775  or her designee. That designee must either be an assistant
  776  principal or athletic director housed within that same school.
  777         (c) The FHSAA’s membership shall be divided along existing
  778  county lines into four contiguous and compact administrative
  779  regions, each containing an equal or nearly equal number of
  780  member schools to ensure equitable representation on the FHSAA’s
  781  board of directors, representative assembly, and appeals
  782  committees.
  783         (4) BOARD OF DIRECTORS.—
  784         (a) The executive authority of the FHSAA shall be vested in
  785  its board of directors. Any entity that appoints members to the
  786  board of directors shall examine the ethnic and demographic
  787  composition of the board when selecting candidates for
  788  appointment and shall, to the greatest extent possible, make
  789  appointments that reflect state demographic and population
  790  trends. Effective October 1, 2013, the board of directors shall
  791  be composed of 17 16 persons, as follows:
  792         1. One charter school representative, elected from among
  793  its public school representative members Four public member
  794  school representatives, one elected from among its public school
  795  representative members within each of the four administrative
  796  regions.
  797         2. One Four nonpublic member school representative
  798  representatives, one elected from among its nonpublic school
  799  representative members within each of the four administrative
  800  regions.
  801         3. Four Three representatives appointed by the
  802  commissioner, one appointed from each of the four administrative
  803  regions one appointed from the two northernmost administrative
  804  regions and one appointed from the two southernmost
  805  administrative regions. The third representative shall be
  806  appointed to balance the board for diversity or state population
  807  trends, or both.
  808         4. Two district school superintendents, one elected from
  809  the two northernmost administrative regions by the members in
  810  those regions and one elected from the two southernmost
  811  administrative regions by the members in those regions.
  812         5. Two district school board members, one elected from the
  813  two northernmost administrative regions by the members in those
  814  regions and one elected from the two southernmost administrative
  815  regions by the members in those regions.
  816         6. Two county athletic directors, one elected from the two
  817  northernmost administrative regions by the members in those
  818  regions and one elected from the two southernmost administrative
  819  regions by the members in those regions.
  820         7.6. The commissioner or his or her designee from the
  821  department executive staff.
  822         8. One representative appointed by the President of the
  823  Senate.
  824         9. One representative appointed by the Speaker of the House
  825  of Representatives.
  826         10. One representative appointed by the Executive Director
  827  of the Florida Athletic Coaches Association.
  828         11. One home school member representative elected from
  829  among its home school representative members.
  830         (b) A quorum of the board of directors shall consist of one
  831  more than half of its nine members.
  832         (c) The board of directors shall elect a president and a
  833  vice president from among its members. These officers shall also
  834  serve as officers of the FHSAA.
  835         (d) Members of the board of directors shall serve terms of
  836  4 3 years and are not eligible to succeed themselves only once.
  837  A member of the board of directors, other than the commissioner
  838  or his or her designee, may serve a maximum of 4 6 consecutive
  839  years. The FHSAA’s bylaws shall establish a rotation of terms so
  840  that approximately one-third of the members other than the
  841  commissioner or his or her designee rotate off the board each
  842  year to ensure that a majority of the members’ terms do not
  843  expire concurrently. For the purpose of ensuring staggered
  844  terms, board members appointed by the commissioner prior to July
  845  1, 2013, and the two district school superintendents elected
  846  prior to July 1, 2013, may continue to serve on the board
  847  through September 30, 2015.
  848         (e) The authority and duties of the board of directors,
  849  acting as a body and in accordance with the FHSAA’s bylaws, are
  850  as follows:
  851         1. To act as the incorporated FHSAA’s board of directors
  852  and to fulfill its obligations as required by the FHSAA’s
  853  charter and articles of incorporation.
  854         2. To establish such guidelines, regulations, policies, and
  855  procedures as are authorized by the bylaws.
  856         3. To employ an FHSAA executive director, subject to Senate
  857  confirmation. The executive director has who shall have the
  858  authority to waive the bylaws of the FHSAA in order to comply
  859  with statutory changes. The executive director’s salary shall be
  860  no greater than that set by law for the Governor of this state.
  861  The executive director is not entitled to per diem and travel
  862  expenses in excess of the rate provided for state employees
  863  under s. 112.061.
  864         4. To levy annual dues and other fees and to set the
  865  percentage of contest receipts to be collected by the FHSAA
  866  except that, beginning in the 2013-2014 fiscal year, all dues,
  867  fees, and percentages of contest receipts that the FHSAA is
  868  entitled to collect shall be fixed at the amount established in
  869  the FHSAA bylaws for 2012-2013 as published on the FHSAA website
  870  as of February 26, 2013, and may be increased only once annually
  871  in an amount necessary to reflect changes in the United States
  872  Department of Labor’s Consumer Price Index for All Urban
  873  Consumers (CPI-U), all items, with the resulting calculation
  874  rounded to the nearest whole dollar amount. The aggregate of
  875  such dues, fees, and percentages of contest receipts shall be
  876  allocated as follows:
  877         a. Up to 55 percent for the FHSAA to be used for
  878  organization operations as allowed by law.
  879         b. At least 30 percent for the FHSAA to provide
  880  postsecondary scholarships to students who meet qualifications
  881  established by the FHSAA.
  882         c. At least 15 percent for the FHSAA to coordinate with the
  883  National Center for Sports Safety and provide for the education
  884  of coaches, parks and recreation staff, parents, and other
  885  volunteers on the basics of sports safety and injury prevention,
  886  and the well-being and health, safety, and welfare of athletes.
  887         5. To approve the budget of the FHSAA.
  888         6. To organize and conduct statewide interscholastic
  889  competitions, which may or may not lead to state championships,
  890  and to establish the terms and conditions for these
  891  competitions.
  892         7. To act as an administrative board in the interpretation
  893  of, and final decision on, all questions and appeals arising
  894  from the directing of interscholastic athletics of member
  895  schools.
  896         8. To levy fines, penalties, and sanctions against schools
  897  and coaches found to be in violation of student eligibility
  898  requirements and recruiting practices pursuant to subsection
  899  (2). However, fines, penalties, and sanctions may not exceed the
  900  cost to investigate reported violations and the cost of
  901  associated appeals processes. The board of directors shall
  902  submit an annual report to the Department of Education by
  903  October 1 each year which reconciles the costs of investigations
  904  and appeals with the fines, penalties, and sanctions charged to
  905  member schools and coaches for each fiscal year.
  906         (5) REPRESENTATIVE ASSEMBLY.—
  907         (a) The legislative authority of the FHSAA is vested in its
  908  representative assembly.
  909         (b) The representative assembly shall be composed of the
  910  following:
  911         1. An equal number of member school representatives from
  912  each of the four administrative regions.
  913         2. Four district school superintendents, one elected from
  914  each of the four administrative regions by the district school
  915  superintendents in their respective administrative regions.
  916         3. Four district school board members, one elected from
  917  each of the four administrative regions by the district school
  918  board members in their respective administrative regions.
  919         4. The commissioner or his or her designee from the
  920  department executive staff.
  921         (c) The FHSAA’s bylaws shall establish the number of member
  922  school representatives to serve in the representative assembly
  923  from each of the four administrative regions, not to exceed six
  924  from each of the four regions, and shall establish the method
  925  for their selection.
  926         (d) No member of the board of directors other than the
  927  commissioner or his or her designee can serve in the
  928  representative assembly.
  929         (e) The representative assembly shall elect a chairperson
  930  and a vice chairperson from among its members.
  931         (f) Elected members of the representative assembly shall
  932  serve terms of 2 years and are eligible to succeed themselves
  933  for one two additional term terms. An elected member, other than
  934  the commissioner or his or her designee, may serve a maximum of
  935  4 6 consecutive years in the representative assembly.
  936         (g) A quorum of the representative assembly consists of one
  937  more than half of its members.
  938         (h) The authority of the representative assembly is limited
  939  to its sole duty, which is to consider, adopt, or reject any
  940  proposed amendments to the FHSAA’s bylaws.
  941         (i) The representative assembly shall meet as a body
  942  annually. A two-thirds majority of the votes cast by members
  943  present is required for passage of any proposal.
  944         (6) PUBLIC LIAISON ADVISORY COMMITTEE.—
  945         (f) Members of the public liaison advisory committee are
  946  entitled to per diem and travel expenses at the same rate
  947  provided for state employees under s. 112.061.
  948         Section 5. This act shall take effect July 1, 2013.