Florida Senate - 2015 SB 1480
By Senator Stargel
1 A bill to be entitled
2 An act relating to student extracurricular activities;
3 amending s. 1006.15, F.S.; revising the principles
4 that guide policies governing student eligibility for
5 extracurricular activities; changing the term
6 “extracurricular” to “extracurricular activity”;
7 defining terms; providing that certain public or
8 private school students are presumed to be eligible to
9 participate in extracurricular activities; defining
10 the term “public school student”; revising the
11 requirements for students from certain schools to be
12 eligible for extracurricular activities; revising
13 standards for participation; amending s. 1006.16,
14 F.S.; requiring a district school board’s insurance
15 for participants in extracurricular activities to
16 cover certain students at the same rate as other
17 district school students; amending s. 1006.19, F.S.;
18 requiring certain nonprofit associations to provide
19 the Auditor General with a copy of their annual
20 financial and compliance audit within a specified
21 timeframe; requiring the Auditor General to conduct an
22 operational audit of such nonprofit associations;
23 requiring such nonprofit associations to submit an
24 annual report to the Commissioner of Education and the
25 Legislature; specifying the requirements of the
26 report; amending s. 1006.20, F.S.; deleting the
27 designation of the Florida High School Athletic
28 Association as the governing nonprofit organization of
29 athletics in Florida public schools and instead
30 requiring the commissioner to designate, by a certain
31 date, a nonprofit association to be the governing
32 body; limiting the dues, fees, or receipts collected
33 by the nonprofit association; requiring the
34 association to set certain eligibility requirements;
35 specifying when a student may be declared ineligible
36 due to a recruiting violation; providing for third
37 party arbitration of student eligibility disputes;
38 revising the governance structure of the nonprofit
39 association; revising the membership of the board of
40 directors; limiting the nonprofit association
41 executive director’s salary and entitlement to per
42 diem and travel expenses; requiring an appeal of a
43 committee’s ineligibility decision to be made within a
44 certain timeframe; conforming provisions to changes
45 made by the act; amending s. 1002.33, F.S.; conforming
46 a cross-reference; providing a directive to the
47 Division of Law Revision and Information; providing an
48 effective date.
50 Be It Enacted by the Legislature of the State of Florida:
52 Section 1. Section 1006.15, Florida Statutes, is amended to
54 1006.15 Student standards for eligibility to participate
participation in interscholastic and intrascholastic
56 extracurricular student activities; regulation.—
57 (1) SHORT TITLE.—This section may be cited as the “Craig
58 Dickinson Act.”
59 (2) GUIDING PRINCIPLES.—District school board and nonprofit
60 association policies governing student eligibility for
61 extracurricular activities shall be guided by the following
63 (a) Interscholastic Extracurricular student activities are
64 an important complement to the academic curriculum and provide
65 students with incentives to succeed academically.
66 (b) Participation in a comprehensive extracurricular and
67 academic program contributes to student development of the
68 social and intellectual skills necessary to become a well
69 rounded adult.
70 (c) Extracurricular activities promote teamwork and
71 collaboration, expose students to people from diverse
72 backgrounds, and enhance parental engagement in the school.
73 (d) Policies governing student eligibility for
74 extracurricular activities should not impede parental school
76 (e) A student’s attendance zone or choice of educational
77 program should not be a barrier for the student to participate
78 in extracurricular activities that are not offered by the
79 student’s school or program.
80 (3) DEFINITIONS.—As used in this part section, the term:
81 (a) “Extracurricular activity” means any school-authorized
82 or education-related activity occurring during or outside the
83 regular instructional school day.
84 (b) “Home education cooperative” means a parent-directed
85 group of individual home education students which provides
86 opportunities for interscholastic athletic competition to those
87 students and may include students in grades 6 through 12.
88 (c) “Impermissible benefits” means the preferential
89 treatment, benefit, or service that is based on a student
90 athlete’s athletic reputation, skill, or payback potential as a
91 future professional athlete provided to a student athlete or his
92 or her family or relative. The term includes, but is not limited
94 1. Cash and cost-free goods or services.
95 2. Special discounts, payment arrangements, or credit
96 options for products or services if the same are not available
97 to all students.
98 3. Payment for work not performed or payment at
99 unreasonable levels.
100 4. The purchase of items or services from the student
101 athlete or his or her family or relatives at inflated prices.
103 The term does not include transportation arrangements.
104 (d) “Nonprofit association” means the association
105 designated by the Commissioner of Education pursuant to s.
106 1006.20 which operates for the purpose of supervising,
107 controlling, organizing, sanctioning, or scheduling the
108 interscholastic activities of a public school.
109 (e) “Public school student” means, unless the context
110 indicates otherwise, a student who is attending a traditional
111 public school, a charter school, a magnet school, an alternative
112 school, any other public school of choice, or a public virtual
114 (f) “Recruiting” means an effort by an employee, adult
115 representative, or athletic department staff member to pressure,
116 urge, or entice a student to attend the employee’s,
117 representative’s, or staff member’s school to participate in
118 interscholastic athletics by use of impermissible benefits.
119 (g) “Unaffiliated private school” means a private school
120 that is not a member of the nonprofit association.
121 (4) (3) ELIGIBILITY.—A public school student or private
122 school student who attends a school identified in this section
123 is presumed to be eligible to participate in extracurricular
124 activities if the student meets all eligibility requirements in
125 this section and in s. 1006.20. For the purposes of this
126 section, the term “public school student” also includes a
127 student of the Florida Virtual School, a full-time virtual
128 instruction program pursuant to s. 1002.45, a virtual charter
129 school, and any other charter school.
130 (a) Maintaining eligibility.—A student remains eligible to
131 participate in extracurricular activities if the student To be
132 eligible to participate in interscholastic extracurricular
133 student activities, a student must:
134 1. Maintains Maintain a grade point average of 2.0 or above
135 on a 4.0 scale, or its equivalent, in the previous semester or a
136 cumulative grade point average of 2.0 or above on a 4.0 scale,
137 or its equivalent, in the courses required by s. 1002.3105(5) or
138 s. 1003.4282.
139 2. Executes Execute and fulfills fulfill the requirements
140 of an academic performance contract between the student, the
141 district school board, the appropriate governing association,
142 and the student’s parents, if the student’s cumulative grade
143 point average falls below 2.0, or its equivalent, on a 4.0 scale
144 in the courses required by s. 1002.3105(5) or s. 1003.4282. At a
145 minimum, the contract must require that the student attend
146 summer school, or its graded equivalent, between grades 9 and 10
147 or grades 10 and 11, as necessary.
148 3. Has Have a cumulative grade point average of 2.0 or
149 above on a 4.0 scale, or its equivalent, in the courses required
150 by s. 1002.3105(5) or s. 1003.4282 during his or her junior or
151 senior year.
152 4. Maintains Maintain satisfactory conduct as prescribed by
153 the district school board’s or private school’s code , including
154 adherence to appropriate dress and other codes of student
155 conduct policies described in s. 1006.07(2). If a student is
156 convicted of, or is found to have committed, a felony or a
157 delinquent act that would have been a felony if committed by an
158 adult, regardless of whether adjudication is withheld, the
159 student’s participation in interscholastic extracurricular
160 activities is contingent upon established and published district
161 school board or private school policy.
162 (b) Exemption.—Any student who is exempt from attending a
163 full school day based on rules adopted by the district school
164 board for double session schools or programs, experimental
165 schools, or schools operating under emergency conditions must
166 maintain the grade point average required by this section and
167 pass each class for which he or she is enrolled.
168 (c) Ineligibility.—A student may be declared ineligible to
169 participate in extracurricular activities only if:
170 1. The student failed to comply with paragraph (a);
171 2. The student or parent falsified an enrollment or
172 eligibility document; or
173 3. The student or parent accepted an impermissible benefit.
174 (d) Transfer students.—
175 1. A student who transfers from a home education program to
176 a public or private school before or during the first grading
177 period of the school year is academically eligible to
178 participate in extracurricular activities during the first
179 grading period if the student has a successful evaluation from
180 the previous school year, pursuant to subparagraph (e)1.
181 2. A public school student or private school student who
182 transfers into a home education program after being declared
183 ineligible for participation in extracurricular activities is
184 ineligible to participate in such activities as a home education
185 student until the student has successfully completed one grading
186 period in the home education program pursuant to s. 1002.41.
187 3. A public school student who transfers to a private
188 school or another public school or a private school student who
189 transfers to a public school or another private school after
190 being declared ineligible to participate in extracurricular
191 activities is ineligible to participate in such activities until
192 the student has successfully completed one grading period at the
193 new school and meets the requirements of paragraph (a).
194 (e) (c) Public, unaffiliated private school, and home
195 education students.—A public school student, a student attending
196 an unaffiliated private school, or a An individual home
197 education student is eligible to participate in any
198 extracurricular activity that is not offered by the student’s
199 school or educational program. The student may participate in
200 the extracurricular activity at a the public school in the
201 school district in which the student resides to which the
202 student would be assigned according to district school board
203 attendance area policies or at a public school in another school
204 district which the student could choose to attend pursuant to an
205 district or interdistrict controlled open enrollment policy
206 provisions, or the student may develop an agreement to
207 participate in the extracurricular activity at a private school,
208 if in the interscholastic extracurricular activities of that
209 school, provided the following conditions are met:
210 1. A The home education student must meet the requirements
211 of the home education program pursuant to s. 1002.41. The
212 evaluation processes or requirements that are placed on home
213 education student participants may not go beyond those that
214 apply under s. 1002.41 to home education students generally.
215 2. During the period of participation at a school, the home
216 education student must demonstrate educational progress as
217 required in paragraph (b) in all subjects taken in the home
218 education program by a method of evaluation agreed upon by the
219 parent and the school principal which may include: review of the
220 student’s work by a certified teacher chosen by the parent;
221 grades earned through correspondence; grades earned in courses
222 taken at a Florida College System institution, university, or
223 trade school; standardized test scores above the 35th
224 percentile; or any other method designated in s. 1002.41.
225 3. The home education student must meet the same residency
226 requirements as other students in the school at which he or she
228 2. 4. A The home education student who participates in an
229 extracurricular activity under this paragraph must meet the same
230 standards of acceptance, behavior, and performance as required
231 of other students in extracurricular activities.
232 3. 5. A The student who participates in an extracurricular
233 activity under this paragraph must register with the school his
234 or her intent to participate in interscholastic extracurricular
235 activities as a representative of the school before the
236 beginning date of the nonathletic activity or the beginning date
237 of the season for the athletic activity in which he or she
238 wishes to participate. A home education student must be able to
239 participate in curricular activities if that is a requirement
240 for an extracurricular activity.
241 4. The parent of a student who participates in an
242 extracurricular activity under this paragraph is responsible for
243 transporting the student to and from the school at which the
244 student participates. The school that the student attends, the
245 school at which the student participates in the extracurricular
246 activity, the district school board, and the nonprofit
247 association are exempt from civil liability arising from an
248 injury that occurs to the student during such transportation.
249 6. A student who transfers from a home education program to
250 a public school before or during the first grading period of the
251 school year is academically eligible to participate in
252 interscholastic extracurricular activities during the first
253 grading period provided the student has a successful evaluation
254 from the previous school year, pursuant to subparagraph 2.
255 7. Any public school or private school student who has been
256 unable to maintain academic eligibility for participation in
257 interscholastic extracurricular activities is ineligible to
258 participate in such activities as a home education student until
259 the student has successfully completed one grading period in
260 home education pursuant to subparagraph 2. to become eligible to
261 participate as a home education student.
262 (f) (d) Charter school students.—An individual charter
263 school student pursuant to s. 1002.33 is eligible to participate
264 at the public school to which the student would be assigned
265 according to district school board attendance area policies or
266 which the student could choose to attend, pursuant to district
267 or interdistrict controlled open enrollment open-enrollment
268 provisions, or to participate at a conversion charter school if
269 the student resides within the conversion charter school’s
270 attendance zone as provided in s. 1002.33(10)(c), in any
271 interscholastic extracurricular activity of that public school
272 or conversion charter school, unless such activity is provided
273 by the student’s charter school, if the following conditions are
275 1. The charter school student must meet the requirements of
276 the charter school education program as determined by the
277 charter school governing board.
278 2. During the period of participation at a school, the
279 charter school student must demonstrate educational progress as
280 required in paragraph (b).
281 3. The charter school student must meet the same residency
282 requirements as other students in the school at which he or she
284 4. The charter school student must meet the same standards
285 of acceptance, behavior, and performance as that are required of
286 other students in extracurricular activities.
287 5. The charter school student must register with the school
288 his or her intent to participate in interscholastic
289 extracurricular activities as a representative of the school
290 before the beginning date of the season for the activity in
291 which he or she wishes to participate. A charter school student
292 must be able to participate in curricular activities if that is
293 a requirement for an extracurricular activity.
294 6. A student who transfers from a charter school program to
295 a traditional public school before or during the first grading
296 period of the school year is academically eligible to
297 participate in interscholastic extracurricular activities during
298 the first grading period if the student has a successful
299 evaluation from the previous school year, pursuant to
300 subparagraph 2.
301 7. Any public school or private school student who has been
302 unable to maintain academic eligibility for participation in
303 interscholastic extracurricular activities is ineligible to
304 participate in such activities as a charter school student until
305 the student has successfully completed one grading period in a
306 charter school pursuant to subparagraph 2. to become eligible to
307 participate as a charter school student.
308 (g) (e) Florida Virtual School students.—A student of the
309 Florida Virtual School full-time program is eligible to may
310 participate in any interscholastic extracurricular activity at
311 the public school to which the student would be assigned
312 according to district school board attendance area policies or
313 which the student could choose to attend, pursuant to district
314 or interdistrict controlled open enrollment policies, if the
315 following conditions are met student:
316 1. During the period of participation in the
317 interscholastic extracurricular activity, the Florida Virtual
318 School student must meet meets the requirements in paragraph
320 2. The Florida Virtual School student must meet Meets any
321 additional requirements as determined by the board of trustees
322 of the Florida Virtual School.
323 3. The Florida Virtual School student must meet Meets the
324 same residency requirements as other students in the school at
325 which he or she participates.
326 4. The Florida Virtual School student must meet Meets the
327 same standards of acceptance, behavior, and performance as that
328 are required of other students in extracurricular activities.
329 5. The Florida Virtual School student must register with
330 the school Registers his or her intent to participate in
331 interscholastic extracurricular activities with the school
332 before the beginning date of the season for the activity in
333 which he or she wishes to participate. A Florida Virtual School
334 student must be able to participate in curricular activities if
335 that is a requirement for an extracurricular activity.
336 (f) A student who transfers from the Florida Virtual School
337 full-time program to a traditional public school before or
338 during the first grading period of the school year is
339 academically eligible to participate in interscholastic
340 extracurricular activities during the first grading period if
341 the student has a successful evaluation from the previous school
342 year pursuant to paragraph (a).
343 (g) A public school or private school student who has been
344 unable to maintain academic eligibility for participation in
345 interscholastic extracurricular activities is ineligible to
346 participate in such activities as a Florida Virtual School
347 student until the student successfully completes one grading
348 period in the Florida Virtual School pursuant to paragraph (a).
349 (5) (4) STANDARDS FOR PARTICIPATION.—The student standards
350 for participation in interscholastic extracurricular activities
351 must be applied beginning with the student’s first semester of
352 the 9th grade. Each student must meet such other requirements
353 for participation as may be established by the district school
354 board; however, such requirements must apply on an equal basis
355 to all students and a district school board may not make
356 establish requirements for participation in interscholastic
357 extracurricular activities which make participation in such
358 activities less accessible to a student enrolled in a public
359 school of choice, an unaffiliated private school, or a home
360 education program students than to other students. A district
361 school board or private school may not establish more stringent
362 eligibility policies on extracurricular activities for a
363 transfer student than the policies established by the nonprofit
364 association Except as set forth in paragraph (3)(c), evaluation
365 processes or requirements that are placed on home education
366 student participants may not go beyond those that apply under s.
367 1002.41 to home education students generally.
368 (5) Any organization or entity that regulates or governs
369 interscholastic extracurricular activities of public schools:
370 (a) Shall permit home education associations to join as
371 member schools.
372 (b) Shall not discriminate against any eligible student
373 based on an educational choice of public, private, or home
375 (6) PROHIBITION.—Public schools are prohibited from
376 membership in any organization or entity that which regulates or
377 governs interscholastic extracurricular activities and
378 discriminates against eligible students in public, private, or
379 home education.
380 (7) INSURANCE.—Any insurance provided by district school
381 boards for participants in extracurricular activities shall
382 cover the participating home education student. If there is an
383 additional premium for such coverage, the participating home
384 education student shall pay the premium.
385 (8) (a) NONPROFIT ASSOCIATION.—
386 (a) The nonprofit association Florida High School Athletic
387 Association (FHSAA), in cooperation with each district school
388 board, shall facilitate a program in which a middle school or
389 high school student who attends a private school shall be
390 eligible to participate in an interscholastic or intrascholastic
391 sport at a public high school, a public middle school, or a 6-12
392 public school that is zoned for the physical address at which
393 the student resides if:
394 1. The private school in which the student is enrolled is
395 not a member of the FHSAA and does not offer the an
396 interscholastic or intrascholastic athletic program.
397 2. The private school student meets the guidelines for the
398 conduct of the program established by the nonprofit
399 association’s FHSAA’s board of directors and the district school
400 board. At a minimum, such guidelines shall provide:
401 a. A deadline for each sport by which the private school
402 student’s parents must register with the public school in
403 writing their intent for their child to participate at that
404 school in the sport.
405 b. Requirements for a private school student to participate
406 include , including, but not limited to, meeting the same
407 standards of eligibility, acceptance, behavior, educational
408 progress, and performance which apply to other students
409 participating in interscholastic or intrascholastic sports at a
410 public school or FHSAA member private school.
411 (b) The parents of a private school student participating
412 in a public school sport under this subsection are responsible
413 for transporting their child to and from the public school at
414 which the student participates. The private school the student
415 attends, the public school at which the student participates in
416 a sport, the district school board, and the nonprofit
417 association FHSAA are exempt from civil liability arising from
418 any injury that occurs to the student during such
420 (c) For each academic year, a private school student may
421 only participate only at the public school in which the student
422 is first registered under sub-subparagraph (a)2.a. or makes
423 himself or herself a candidate for an athletic team by engaging
424 in a practice.
425 (d) The athletic director of each participating nonprofit
426 association FHSAA member public school shall maintain the
427 student records necessary for eligibility, compliance, and
428 participation in the program.
429 (e) Any non-FHSAA member private school that is not a
430 member of the nonprofit association and that has a student who
431 wishes to participate in this program must make all student
432 records, including , but not limited to, academic, financial,
433 disciplinary, and attendance records, available upon request of
434 the nonprofit association FHSAA.
435 (f) A student must apply to participate in this program
436 through the FHSAA program application process.
437 (g) Only students who are enrolled in non-FHSAA member
438 private schools consisting of 125 students or fewer are eligible
439 to participate in the program in any given academic year.
440 Section 2. Section 1006.16, Florida Statutes, is amended to
442 1006.16 Insuring school students engaged in extracurricular
443 athletic activities against injury.—Any district school board,
444 school athletic association, or school may formulate, conduct,
445 and purchase a plan or method of insuring, or may self-insure,
446 participants in extracurricular activities school students
447 against injury sustained by reason of such participation
448 students engaging and participating in the extracurricular
449 athletic activities conducted or sponsored by the district
450 school board, association, or school in which such students are
451 enrolled. A district school board, school athletic association,
452 or school may add a surcharge to the fee charged for admission
453 to athletic events as a means of producing revenue to purchase
454 such insurance or to provide self-insurance. Any district school
455 board may pay for all or part of such plan or method of
456 insurance or self-insurance from available district school board
457 funds. Insurance provided by a district school board for
458 participants in extracurricular activities must cover a home
459 education student or unaffiliated private school student who
460 participates in extracurricular activities at the district
461 public school pursuant to s. 1006.15 under the same terms and
462 conditions that apply to a student enrolled in a district public
464 Section 3. Section 1006.19, Florida Statutes, is amended to
466 1006.19 Audit of records of nonprofit corporations and
467 associations handling interscholastic activities.—
468 (1) Each nonprofit association or corporation that operates
469 for the purpose of supervising and controlling interscholastic
470 activities of public high schools and whose membership is
471 composed of duly certified representatives of public high
472 schools , and whose rules and regulations are established by
473 members thereof, shall have an annual financial and compliance
474 audit of its accounts and records conducted by an independent
475 certified public accountant retained by it and paid from its
476 funds. The accountant shall furnish a copy of the audit report
477 to the Auditor General no more than 30 days after the audit is
478 completed. At least every 3 years, the Auditor General shall
479 conduct an operational audit of the accounts and records of each
480 nonprofit association.
481 (2) Any such nonprofit association or corporation shall
482 keep adequate and complete records of all moneys received by it,
483 including the source and amount, and all moneys spent by it,
484 including salaries, fees, expenses, travel allowances, and all
485 other items of expense. All records of any such association
486 organization shall be open for inspection by the Auditor
488 (3) Any such nonprofit association shall submit a report by
489 October 1 of each year to the Commissioner of Education, the
490 President of the Senate, and the Speaker of the House of
491 Representatives. The report must provide the number of appeals
492 and other cases that involved the nonprofit association and the
493 disposition of those matters. The report must include how many
494 cases were filed, with the nonprofit association or with another
495 tribunal; the number of cases that the initial decision of the
496 nonprofit association or its member was affirmed, reversed, or
497 otherwise resolved; and a summary of the nature of the issue in
499 Section 4. Section 1006.20, Florida Statutes, is amended to
501 1006.20 Athletics in public K-12 schools.—
502 (1) GOVERNING NONPROFIT ASSOCIATION ORGANIZATION.—
503 (a) By July 1, 2017 The Florida High School Athletic
504 Association (FHSAA) is designated as the governing nonprofit
505 organization of athletics in Florida public schools. If the
506 FHSAA fails to meet the provisions of this section, the
507 Commissioner of Education shall designate a nonprofit
508 association organization to govern athletics with the approval
509 of the State Board of Education.
510 (b) The nonprofit association FHSAA is not a state agency
511 as defined in s. 120.52 and . The FHSAA shall be subject to the
512 provisions of ss. 1006.15-1006.20 s. 1006.19. Any dues, fees,
513 including sanctioning fees, or contest receipts collected by the
514 nonprofit association may not exceed the actual costs to perform
515 the function or duty of the nonprofit association which is the
516 subject or justification for the fees.
517 (c) A private school that wishes to engage in high school
518 athletic competition with a public high school may become a
519 member of the nonprofit association FHSAA. Any high school in
520 the state, including charter schools, virtual schools, and home
521 education cooperatives, may become a member of the nonprofit
522 association FHSAA and participate in the activities of the
523 nonprofit association. FHSAA . However,
524 1. Membership in the nonprofit association FHSAA is not
525 mandatory for any school.
526 2. The nonprofit association FHSAA may not deny or
527 discourage interscholastic competition between its member
528 schools and schools in this state or any other state which are
529 not members of associations but are members of the National
530 Federation of State High School Associations (NFHS) or affiliate
531 members of the NFHS non-FHSAA member Florida schools, including
532 members of another athletic governing organization, and may not
533 take any retributory or discriminatory action against any of its
534 member schools that participate in interscholastic competitions
535 with schools in this state or any other state which are not
536 members of associations but are members of the NFHS or affiliate
537 members of the NFHS competition with non-FHSAA member Florida
539 3. If a school in this state or any other state which is
540 not a member of an association but is a member of the NFHS or an
541 affiliate member of the NFHS chooses to participate in
542 interscholastic competitions with a member school of the
543 nonprofit association, the nonmember school must comply with all
544 safety and medical requirements included in the requirements of
545 the nonprofit association.
546 4. The nonprofit association FHSAA may not unreasonably
547 withhold its approval of an application to become an affiliate
548 member of the National Federation of State High School
549 Associations submitted by any other organization that governs
550 interscholastic athletic competition in this state.
551 (d) The requirements bylaws of the nonprofit association
552 FHSAA are the rules by which high school athletic programs in
553 its member schools, and the students who participate in them,
554 are governed, unless otherwise specifically provided by statute.
555 (e) For the purposes of this section, the term “high
556 school” includes grades 6 through 12.
557 (2) REQUIREMENTS ADOPTION OF BYLAWS, POLICIES, OR
558 GUIDELINES.—The nonprofit association shall:
559 (a) Presume the FHSAA shall adopt bylaws that, unless
560 specifically provided by statute, establish eligibility of
561 requirements for all students to who participate in the
562 interscholastic high school athletic competitions of competition
563 in its member schools and specify a limited and enumerated list
564 of violations that may result in the ineligibility of students
565 to participate in any interscholastic athletic competitions of
566 its member schools. The requirements must provide for the
568 1. A bylaws governing residence and transfer shall allow
569 the student remains to be eligible in the school in which he or
570 she first enrolls each school year or the school in which the
571 student makes himself or herself a candidate for an athletic
572 team by engaging in a practice prior to enrolling in the school.
573 2. A student The bylaws shall be eligible to participate in
574 interscholastic athletic competitions also allow the student to
575 be eligible in the school to which the student has transferred
576 during the school year if the transfer is made by a deadline
577 established by the nonprofit association FHSAA, which may not be
578 before prior to the date authorized for the beginning of
579 practice for the sport. If the date authorized for the beginning
580 of practice is before the first day of the grading period in
581 which the regular season games begin, the transfer deadline may
582 not be before the first day of such grading period. A member
583 school may allow a student who transfers to the school after the
584 transfer deadline to participate if such participation occurs
585 before the start of regular season competition and does not
586 result in the removal of another student from the particular
587 team, sport, or activity These transfers shall be allowed
588 pursuant to the district school board policies in the case of
589 transfer to a public school or pursuant to the private school
590 policies in the case of transfer to a private school. The
591 student shall be eligible in that school so long as he or she
592 remains enrolled in that school. Subsequent eligibility shall be
593 determined and enforced through the nonprofit association’s
594 requirements FHSAA’s bylaws. Requirements governing eligibility
595 and transfer between member schools shall be applied similarly
596 to public school students and private school students. A student
597 may also be permitted to transfer schools for academic and
598 athletic purposes as long as all other applicable eligibility
599 and transfer requirements are met.
600 3. A student may not be considered ineligible to play in
601 interscholastic athletic competitions based upon a violation of
602 the nonprofit association’s recruitment policy or otherwise
603 because the student participated:
604 a. On a nonschool team or nonschool team affiliated with
605 the school in which the student ultimately enrolls; or
606 b. In nonschool athletic activities sponsored by a member
607 school of the nonprofit association if, after participating, the
608 student registers for, enrolls in, or applies to attend the
609 sponsoring school.
610 4. As used in this paragraph, the term:
611 a. “Nonschool athletic activities” includes, but is not
612 limited to, personal instruction sessions and summer camp
613 athletic programs, which are not affiliated with a school.
614 b. “Nonschool teams” includes, but is not limited to, club,
615 travel, grade school, recreational league, and summer camp teams
616 that are not affiliated with a school.
617 (b) The FHSAA shall adopt bylaws that specifically Prohibit
618 the recruiting of students for athletic purposes and . The bylaws
619 shall prescribe penalties and an appeals process for athletic
620 recruiting violations. The restrictions applied to any
621 recruiting activity shall be expressly listed and clearly
622 defined in the requirements. If it is determined that a school
623 has recruited a student in violation of FHSAA bylaws, the
624 nonprofit association FHSAA may require the school to
625 participate in a higher classification for the sport in which
626 the recruited student competes for a minimum of one
627 classification cycle, in addition to any other appropriate fine
628 and sanction imposed on the school, its coaches, or adult
629 representatives who commit violate recruiting violations rules.
630 A student may not be declared ineligible only if based on
631 violation of recruiting rules unless the student or parent has
632 committed an act specified in s. 1006.15(4)(c)2. or if the
633 nonprofit association has imposed sanctions against the
634 individuals or member school engaging in recruiting and the
635 student or the parent has committed an act specified in s.
636 1006.15(4)(c)3. The nonprofit association may not limit the
637 competition of a student athlete prospectively for a rule
638 violation perpetrated by the student’s school or coaches or
639 adult representatives. The nonprofit association may not
640 unfairly punish a student athlete for an eligibility violation
641 or recruiting violation perpetrated by a teammate, coach, or
642 administrator. A competition may not be forfeited for an
643 inadvertent eligibility violation unless the coach or a school
644 administrator should have known of the violation. Competitions
645 may not be forfeited for other eligibility violations or
646 recruiting violations in excess of the number of competitions
647 that the coaches and adult representative responsible for the
648 violations are prospectively suspended. The mass distribution of
649 untargeted mailings, electronic mailings, or printed guides or
650 booklets by or on behalf of a member school which include
651 detailed information regarding the member school’s
652 interscholastic athletic programs may not be considered
653 violations of the nonprofit association’s recruiting or
654 sportsmanship policies falsified any enrollment or eligibility
655 document or accepted any benefit or any promise of benefit if
656 such benefit is not generally available to the school’s students
657 or family members or is based in any way on athletic interest,
658 potential, or performance.
659 (c) The FHSAA shall adopt bylaws that Require all students
660 participating in interscholastic athletic competition or who are
661 candidates for an interscholastic athletic team to
662 satisfactorily pass a medical evaluation each year prior to
663 participating in interscholastic athletic competition or
664 engaging in any practice, tryout, workout, or other physical
665 activity associated with the student’s candidacy for an
666 interscholastic athletic team. Such medical evaluation may be
667 administered only by a practitioner licensed under chapter 458,
668 chapter 459, chapter 460, or s. 464.012, and in good standing
669 with the practitioner’s regulatory board. The nonprofit
670 association bylaws shall establish requirements for eliciting a
671 student’s medical history and performing the medical evaluation
672 required under this paragraph, which shall include a physical
673 assessment of the student’s physical capabilities to participate
674 in interscholastic athletic competition as contained in a
675 uniform preparticipation physical evaluation and history form.
676 The evaluation form shall incorporate the recommendations of the
677 American Heart Association for participation cardiovascular
678 screening and shall provide a place for the signature of the
679 practitioner performing the evaluation with an attestation that
680 each examination procedure listed on the form was performed by
681 the practitioner or by someone under the direct supervision of
682 the practitioner. The form shall also contain a place for the
683 practitioner to indicate if a referral to another practitioner
684 was made in lieu of completion of a certain examination
685 procedure. The form shall provide a place for the practitioner
686 to whom the student was referred to complete the remaining
687 sections and attest to that portion of the examination. The
688 preparticipation physical evaluation form shall advise students
689 to complete a cardiovascular assessment and shall include
690 information concerning alternative cardiovascular evaluation and
691 diagnostic tests. Results of such medical evaluation must be
692 provided to the school. No student shall be eligible to
693 participate in any interscholastic athletic competition or
694 engage in any practice, tryout, workout, or other physical
695 activity associated with the student’s candidacy for an
696 interscholastic athletic team until the results of the medical
697 evaluation have been received and approved by the school.
698 (d) Notwithstanding the provisions of paragraph (c),
699 authorize a student to may participate in an interscholastic
700 athletic competition or be a candidate for an interscholastic
701 athletic team if the parent of the student objects in writing to
702 the student undergoing a medical evaluation because such
703 evaluation is contrary to his or her religious tenets or
704 practices. However, in such case, there shall be no liability on
705 the part of any person or entity in a position to otherwise rely
706 on the results of such medical evaluation for any damages
707 resulting from the student’s injury or death arising directly
708 from the student’s participation in interscholastic athletics
709 where an undisclosed medical condition that would have been
710 revealed in the medical evaluation is a proximate cause of the
711 injury or death.
712 (e) The FHSAA shall adopt bylaws that Regulate persons who
713 conduct investigations on behalf of the nonprofit association
714 FHSAA. An The bylaws shall include provisions that require an
715 investigator must to:
716 1. Undergo level 2 background screening under s. 435.04,
717 establishing that the investigator has not committed any
718 disqualifying offense listed in s. 435.04, unless the
719 investigator can provide proof of compliance with level 2
720 screening standards submitted within the previous 5 years to
721 meet any professional licensure requirements, provided:
722 a. The investigator has not had a break in service from a
723 position that requires level 2 screening for more than 90 days;
725 b. The investigator submits, under penalty of perjury, an
726 affidavit verifying that the investigator has not committed any
727 disqualifying offense listed in s. 435.04 and is in full
728 compliance with this paragraph.
729 2. Be appointed as an investigator by the nonprofit
730 association executive director.
731 3. Carry a photo identification card that shows the
732 nonprofit association FHSAA name, logo, and the investigator’s
733 official title.
734 4. Adhere to the following guidelines:
735 a. Investigate only those alleged violations assigned by
736 the nonprofit association executive director or the board of
738 b. Conduct interviews on Monday through Friday between the
739 hours of 9 a.m. and 7 p.m. only, unless previously agreed to by
740 the interviewee.
741 c. Allow the parent of any student being interviewed to be
742 present during the interview.
743 d. Search residences or other private areas only with the
744 permission of the nonprofit association executive director and
745 the written consent of the student’s parent and only with a
746 parent or a representative of the parent present.
747 (f) The FHSAA shall adopt bylaws that Establish sanctions
748 for coaches, administrators, officials, faculty, athletic staff,
749 or any other individuals engaged in representing, supporting, or
750 promoting the athletic interests of a member school in an
751 official capacity or unofficial, school-sanctioned capacity who
752 have committed major violations of the FHSAA’s bylaws and
754 1. Major violations include, but are not limited to,
755 knowingly allowing an ineligible student to participate in a
756 contest representing a member school in an interscholastic
757 contest, or committing a violation of the nonprofit
758 association’s FHSAA’s recruiting or sportsmanship policies, or
759 colluding with a coach, administrator, official, faculty member,
760 athletic staff member, or any other individual engaged in
761 representing, supporting, or promoting the athletic interests of
762 a member school in an official capacity or unofficial, school
763 sanctioned capacity to prevent member or nonmember schools from
764 scheduling competitions among themselves or from participating
765 in nonathletic events at other member or nonmember schools.
766 2. Sanctions placed upon an individual coach,
767 administrator, official, faculty member, athletic staff member,
768 or any other individual engaged in representing, supporting, or
769 promoting the athletic interests of a member school in an
770 official capacity or unofficial, school-sanctioned capacity may
771 include, but are not limited to, prohibiting or suspending the
772 individual coach from coaching, participating in, or attending
773 any athletic activity sponsored, recognized, or sanctioned by
774 the nonprofit association FHSAA and the member school for which
775 the individual coach committed the violation. If an individual a
776 coach is sanctioned by the nonprofit association FHSAA and the
777 individual coach transfers to another member school, those
778 sanctions remain in full force and effect during the term of the
780 3. If a member school is assessed a financial penalty as a
781 result of a major violation committed by a coach, administrator,
782 official, faculty member, athletic staff member, or any other
783 individual engaged in representing, supporting, or promoting the
784 athletic interests of a member school in an official capacity or
785 unofficial, school-sanctioned capacity, the individual
786 committing a major violation, the coach shall reimburse the
787 member school before being allowed to coach, participate in, or
788 attend any athletic activity sponsored, recognized, or
789 sanctioned by the nonprofit association FHSAA and a member
791 4. The nonprofit association FHSAA shall establish a due
792 process procedure for coaches, administrators, officials,
793 faculty, athletic staff, or any other individuals engaged in
794 representing, supporting, or promoting the athletic interests of
795 member school in an official capacity or unofficial, school
796 sanctioned capacity sanctioned under this paragraph which
797 provides the minimum procedural safeguards of ss. 120.569 and
798 120.57 and makes appropriate provisions for the appointment of
799 unbiased and qualified hearing officers , consistent with the
800 appeals procedures set forth in subsection (7).
801 (g) Provide for third-party arbitration of student
802 eligibility disputes. Student eligibility disputes shall be
803 submitted to a neutral arbitrator selected by the parties and
804 arbitrated in accordance with the rules and procedures of the
805 American Arbitration Association. Each party shall bear the cost
806 of its own representation and any other costs related to its
807 presentation, if any. The decision of the arbitrator shall be
808 final and is not subject to appeal. Any proceeding concerning
809 student eligibility must be held in the county in which the
810 student resides and must be completed within 30 days after
811 receipt of the determination of ineligibility by the appeals
812 committee or by the board of directors of the nonprofit
813 association, depending on which appeals process the student
814 athlete or member school decides to pursue. The arbitration
815 FHSAA shall adopt bylaws establishing the process for resolving
816 eligibility disputes must and standards by which FHSAA
817 determinations of eligibility are made. Such bylaws shall
818 provide that:
819 1. Ineligibility must be established by clear and
820 convincing evidence;
821 2. Student athletes, parents, and schools must have notice
822 of the initiation of any investigation or other inquiry into
823 eligibility and may present, to the investigator and to the
824 individual making the eligibility determination, any information
825 or evidence that is credible, persuasive, and of a kind
826 reasonably prudent persons rely upon in the conduct of serious
828 3. An investigator may not determine matters of eligibility
829 but must submit information and evidence to the individual or
830 body designated by the nonprofit association executive director
831 or a person designated by the executive director or by the board
832 of directors for an unbiased and objective determination of
833 eligibility; and
834 4. A determination of ineligibility must be made in
835 writing, setting forth the findings of fact and specific
836 violation upon which the decision is based.
837 (h) In lieu of bylaws adopted under paragraph (g), the
838 FHSAA may adopt bylaws providing as a minimum the procedural
839 safeguards of ss. 120.569 and 120.57, making appropriate
840 provision for appointment of unbiased and qualified hearing
842 (i) The FHSAA bylaws may not limit the competition of
843 student athletes prospectively for rule violations of their
844 school or its coaches or their adult representatives. The FHSAA
845 bylaws may not unfairly punish student athletes for eligibility
846 or recruiting violations perpetrated by a teammate, coach, or
847 administrator. Contests may not be forfeited for inadvertent
848 eligibility violations unless the coach or a school
849 administrator should have known of the violation. Contests may
850 not be forfeited for other eligibility violations or recruiting
851 violations in excess of the number of contests that the coaches
852 and adult representatives responsible for the violations are
853 prospectively suspended.
854 (h) (j) The FHSAA shall Adopt guidelines to educate athletic
855 coaches, officials, administrators, and student athletes and
856 their parents of the nature and risk of concussion and head
858 (i) (k) The FHSAA shall adopt bylaws or policies that
859 Require the parent of a student who is participating in
860 interscholastic athletic competition or who is a candidate for
861 an interscholastic athletic team to sign and return an informed
862 consent that explains the nature and risk of concussion and head
863 injury, including the risk of continuing to play after
864 concussion or head injury, each year before participating in
865 interscholastic athletic competition or engaging in any
866 practice, tryout, workout, or other physical activity associated
867 with the student’s candidacy for an interscholastic athletic
869 (j) (l) The FHSAA shall adopt bylaws or policies that
870 Require each student athlete who is suspected of sustaining a
871 concussion or head injury in a practice or competition to be
872 immediately removed from the activity. A student athlete who has
873 been removed from an activity may not return to practice or
874 competition until the student submits to the school a written
875 medical clearance to return stating that the student athlete no
876 longer exhibits signs, symptoms, or behaviors consistent with a
877 concussion or other head injury. Medical clearance must be
878 authorized by the appropriate health care practitioner trained
879 in the diagnosis, evaluation, and management of concussions as
880 defined by the Sports Medicine Advisory Committee of the
881 nonprofit association Florida High School Athletic Association.
882 (k) (m) Establish The FHSAA shall adopt bylaws for the
883 establishment and duties of a sports medicine advisory committee
884 composed of the following members:
885 1. Eight physicians licensed under chapter 458 or chapter
886 459 with at least one member licensed under chapter 459.
887 2. One chiropractor licensed under chapter 460.
888 3. One podiatrist licensed under chapter 461.
889 4. One dentist licensed under chapter 466.
890 5. Three athletic trainers licensed under part XIII of
891 chapter 468.
892 6. One member who is a current or retired head coach of a
893 high school in the state.
894 (3) GOVERNING STRUCTURE OF THE FHSAA.—
895 (a) The nonprofit association FHSAA shall operate as a
896 representative democracy in which the sovereign authority is
897 within its member schools. Except as provided in this section,
898 the FHSAA shall govern its affairs through its bylaws.
899 (b) Each member school, on its annual application for
900 membership, shall name its official representative to the
901 nonprofit association FHSAA. This representative must be either
902 the school principal or his or her designee. That designee must
903 either be an assistant principal or athletic director housed
904 within that same school.
905 (c) The governance structure of the nonprofit association
906 must consist of equal numbers of traditional public school,
907 public school of choice, private school, and home education
908 cooperative representatives and parents of student athletes who
909 are enrolled in such schools or programs. The nonprofit
910 association must also be constituted in a manner that provides
911 for equitable representation among the various regions of the
912 state in which the nonprofit association’s member schools are
913 located FHSAA’s membership shall be divided along existing
914 county lines into four contiguous and compact administrative
915 regions, each containing an equal or nearly equal number of
916 member schools to ensure equitable representation on the FHSAA’s
917 board of directors, representative assembly, and appeals
919 (4) BOARD OF DIRECTORS.—
920 (a) The executive authority of the nonprofit association
921 FHSAA shall be vested in its board of directors. Any entity that
922 appoints members to the board of directors shall examine the
923 ethnic and demographic composition of the board when selecting
924 candidates for appointment and shall, to the greatest extent
925 possible, make appointments that reflect state demographic and
926 population trends. Effective October 1, 2015, the board of
927 directors must consist shall be composed of nine 16 persons,
928 must reflect the diversity of school choice and state athletic
929 regions, and must consist of both athletic and private sector
930 members. , as follows:
931 1. Four public member school representatives, one elected
932 from among its public school representative members within each
933 of the four administrative regions.
934 2. Four nonpublic member school representatives, one
935 elected from among its nonpublic school representative members
936 within each of the four administrative regions.
937 3. Three representatives appointed by the commissioner, one
938 appointed from the two northernmost administrative regions and
939 one appointed from the two southernmost administrative regions.
940 The third representative shall be appointed to balance the board
941 for diversity or state population trends, or both.
942 4. Two district school superintendents, one elected from
943 the two northernmost administrative regions by the members in
944 those regions and one elected from the two southernmost
945 administrative regions by the members in those regions.
946 5. Two district school board members, one elected from the
947 two northernmost administrative regions by the members in those
948 regions and one elected from the two southernmost administrative
949 regions by the members in those regions.
950 6. The commissioner or his or her designee from the
951 department executive staff.
952 (b) A quorum of the board of directors shall consist of its
953 nine members.
954 (c) The board of directors shall elect a president and a
955 vice president from among its members. These officers shall also
956 serve as officers of the FHSAA.
957 (d) Members of the board of directors shall serve terms of
958 3 years and are eligible to succeed themselves only once. A
959 member of the board of directors, other than the commissioner or
960 his or her designee, may serve a maximum of 6 consecutive years.
961 The FHSAA’s bylaws shall establish a rotation of terms to ensure
962 that a majority of the members’ terms do not expire
964 (c) (e) The authority and duties of the board of directors ,
965 acting as a body and in accordance with the FHSAA’s bylaws, are
966 as follows:
967 1. To act as the incorporated nonprofit association’s
968 FHSAA ’s board of directors and to fulfill its obligations as
969 required by the nonprofit association’s FHSAA ’s charter and
970 articles of incorporation.
971 2. To establish such guidelines, regulations, policies, and
972 procedures as are authorized by the requirements bylaws.
973 3. To employ a an nonprofit association FHSAA executive
974 director, who shall have the authority to waive the requirements
975 bylaws of the nonprofit association FHSAA in order to comply
976 with statutory changes. The executive director’s salary shall be
977 no greater than that set by law for the Governor of this state.
978 The executive director is not entitled to per diem and travel
979 expenses in excess of the state rate provided for state
980 employees under s. 112.061.
981 4. To levy annual dues and other fees and to set the
982 percentage of contest receipts to be collected by the nonprofit
983 association in accordance with s. 1006.20 FHSAA.
984 5. To approve the budget of the nonprofit association
986 6. To organize and conduct statewide interscholastic
987 competitions, which may or may not lead to state championships,
988 and to establish the terms and conditions for these
990 7. To act as an administrative board in the interpretation
991 of , and final decision on, all questions and appeals arising
992 from the directing of interscholastic athletics of member
994 (5) REPRESENTATIVE ASSEMBLY.—
995 (a) The legislative authority of the nonprofit association
996 FHSAA is vested in its representative assembly.
997 (b) The representative assembly shall be composed of the
999 1. An equal number of member school representatives from
1000 each of the four administrative regions.
1001 2. Four district school superintendents, one elected from
1002 each of the four administrative regions by the district school
1003 superintendents in their respective administrative regions.
1004 3. Four district school board members, one elected from
1005 each of the four administrative regions by the district school
1006 board members in their respective administrative regions.
1007 4. The commissioner or his or her designee from the
1008 department executive staff.
1009 (c) The nonprofit association’s requirements FHSAA ’s bylaws
1010 shall establish the number of member school representatives to
1011 serve in the representative assembly from each of the four
1012 administrative regions and shall establish the method for their
1014 (d) No member of the board of directors other than the
1015 commissioner or his or her designee can serve in the
1016 representative assembly.
1017 (e) The representative assembly shall elect a chairperson
1018 and a vice chairperson from among its members.
1019 (f) Elected members of the representative assembly shall
1020 serve terms of 2 years and are eligible to succeed themselves
1021 for two additional terms. An elected member, other than the
1022 commissioner or his or her designee, may serve a maximum of 6
1023 consecutive years in the representative assembly.
1024 (g) A quorum of the representative assembly consists of one
1025 more than half of its members.
1026 (h) The authority of the representative assembly is limited
1027 to its sole duty, which is to consider, adopt, or reject any
1028 proposed amendments to the nonprofit association’s requirements
1029 FHSAA ’s bylaws.
1030 (i) The representative assembly shall meet as a body
1031 annually. A two-thirds majority of the votes cast by members
1032 present is required for passage of any proposal.
1033 (6) PUBLIC LIAISON ADVISORY COMMITTEE.—
1034 (a) The nonprofit association FHSAA shall establish,
1035 sustain, fund, and provide staff support to a public liaison
1036 advisory committee composed of the following:
1037 1. The commissioner or his or her designee.
1038 2. A member public school principal.
1039 3. A member private school principal.
1040 4. A member school principal who is a member of a racial
1042 5. An active athletic director.
1043 6. An active coach, who is employed full time by a member
1045 7. A student athlete.
1046 8. A district school superintendent.
1047 9. A district school board member.
1048 10. A member of the Florida House of Representatives.
1049 11. A member of the Florida Senate.
1050 12. A parent of a high school student.
1051 13. A member of a home education association.
1052 14. A representative of the business community.
1053 15. A representative of the news media.
1054 (b) No member of the board of directors, committee on
1055 appeals, or representative assembly is eligible to serve on the
1056 public liaison advisory committee.
1057 (c) The public liaison advisory committee shall elect a
1058 chairperson and vice chairperson from among its members.
1059 (d) The authority and duties of the public liaison advisory
1060 committee are as follows:
1061 1. To act as a conduit through which the general public may
1062 have input into the decisionmaking process of the nonprofit
1063 association FHSAA and to assist the nonprofit association FHSAA
1064 in the development of procedures regarding the receipt of public
1065 input and disposition of complaints related to high school
1066 athletic and competition programs.
1067 2. To conduct public hearings annually in each of the four
1068 administrative regions during which interested parties may
1069 address issues regarding the effectiveness of the rules,
1070 operation, and management of the nonprofit association FHSAA.
1071 3. To conduct an annual evaluation of the nonprofit
1072 association FHSAA as a whole and present a report of its
1073 findings, conclusion, and recommendations to the board of
1074 directors, to the commissioner, and to the respective education
1075 committees of the Florida Senate and the Florida House of
1076 Representatives. The recommendations must delineate policies and
1077 procedures that will improve the implementation and oversight of
1078 high school athletic programs by the nonprofit association
1080 (e) The public liaison advisory committee shall meet four
1081 times annually. Additional meetings may be called by the
1082 committee chairperson, the nonprofit association FHSAA
1083 president, or the nonprofit association FHSAA executive
1085 (7) APPEALS.—
1086 (a) The nonprofit association FHSAA shall establish a
1087 procedure of due process which ensures each student the
1088 opportunity to appeal an unfavorable ruling with regard to his
1089 or her eligibility to compete. The initial appeal shall be made
1090 to a committee on appeals in within the administrative region in
1091 which the student lives within 10 days after the unfavorable
1092 ruling with regard to the student’s eligibility to compete. The
1093 nonprofit association’s requirements FHSAA ’s bylaws shall
1094 establish the number, size, and composition of each committee on
1096 (b) No member of the board of directors is eligible to
1097 serve on a committee on appeals.
1098 (c) Members of a committee on appeals shall serve terms of
1099 3 years and are eligible to succeed themselves only once. A
1100 member of a committee on appeals may serve a maximum of 6
1101 consecutive years. The nonprofit association’s requirements
1102 FHSAA ’s bylaws shall establish a rotation of terms to ensure
1103 that a majority of the members’ terms do not expire
1105 (d) The authority and duties of a committee on appeals
1106 shall be to consider requests by member schools seeking
1107 exceptions to requirements bylaws and regulations, to hear undue
1108 hardship eligibility cases filed by member schools on behalf of
1109 student athletes, and to hear appeals filed by member schools or
1110 student athletes.
1111 (e) A student athlete or member school that receives an
1112 unfavorable ruling from a committee on appeals may:
1113 1. shall be entitled to Appeal that decision to the board
1114 of directors. The appeal hearing must be held within 30 days
1115 after the determination of ineligibility by the committee on
1116 appeals and must take place within the county of the school in
1117 which the student attends school at its next regularly scheduled
1118 meeting or called meeting. The board of directors shall have the
1119 authority to uphold, reverse, or amend the decision of the
1120 committee on appeals; and .
1121 2. In addition, after a decision is made by the board of
1122 directors, appeal the decision of the board through the use of
1123 third-party arbitration if the athlete or member school so
1124 chooses In all such cases, the decision of the board of
1125 directors shall be final.
1126 (f) The nonprofit association FHSAA shall expedite the
1127 appeals process on determinations of ineligibility so that
1128 disposition of the appeal can be made before the end of the
1129 applicable sports season, if possible.
1130 (g) In any appeal from a decision on eligibility made by
1131 the committee on appeals executive director or a designee, a
1132 school or student athlete filing the appeal must be permitted to
1133 present information and evidence that were was not available at
1134 the time of the initial determination or if the determination
1135 was not made by an unbiased, objective individual using a
1136 process allowing full due process rights to be heard and to
1137 present evidence. If evidence is presented on appeal, a de novo
1138 decision must be made by the committee or board hearing the
1139 appeal, or the determination may be suspended and the matter
1140 remanded for a new determination based on all the evidence. If a
1141 de novo decision is made on appeal, the decision must be made in
1142 writing, setting forth the findings of fact and specific
1143 violation upon which the decision is based. If a de novo
1144 decision is not required, the decision appealed must be set
1145 aside if the decision on ineligibility was not based on clear
1146 and convincing evidence. Any further appeal shall be considered
1147 on a record that includes all evidence presented.
1148 (8) AMENDMENT OF REQUIREMENTS BYLAWS.—Each member school
1149 representative, the board of directors acting as a whole or as
1150 members acting individually, any advisory committee acting as a
1151 whole to be established by the nonprofit association FHSAA, and
1152 the nonprofit association’s FHSAA ’s executive director are
1153 empowered to propose amendments to the requirements bylaws. Any
1154 other individual may propose an amendment by securing the
1155 sponsorship of any of the aforementioned individuals or bodies.
1156 All proposed amendments must be submitted directly to the
1157 representative assembly for its consideration. The
1158 representative assembly, while empowered to adopt, reject, or
1159 revise proposed amendments, may not, in and of itself, as a body
1160 be allowed to propose any amendment for its own consideration.
1161 Section 5. Subsection (11) of section 1002.33, Florida
1162 Statutes, is amended to read:
1163 1002.33 Charter schools.—
1164 (11) PARTICIPATION IN INTERSCHOLASTIC EXTRACURRICULAR
1165 ACTIVITIES.—A charter school student is eligible to participate
1166 in an interscholastic extracurricular activity at the public
1167 school to which the student would be otherwise assigned to
1168 attend pursuant to s. 1006.15(4)(f) s. 1006.15(3)(d).
1169 Section 6. The Division of Law Revision and Information is
1170 directed to replace the terms “Florida High School Athletic
1171 Association,” “Florida High School Athletic Association
1172 (FHSAA),” and “FHSAA” wherever they appear in the Florida
1173 Statutes with the term “nonprofit association as designated by
1174 the Commissioner of Education under s. 1006.20.”
1175 Section 7. This act shall take effect July 1, 2015.