Florida Senate - 2015                                    SB 1480
       
       
        
       By Senator Stargel
       
       
       
       
       
       15-00548B-15                                          20151480__
    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.
   49          
   50  Be It Enacted by the Legislature of the State of Florida:
   51  
   52         Section 1. Section 1006.15, Florida Statutes, is amended to
   53  read:
   54         1006.15 Student standards for eligibility to participate
   55  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
   62  principles:
   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
   75  choice.
   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
   93  to:
   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.
  102  
  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
  113  school.
  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
  227  participates.
  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
  274  met:
  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
  283  participates.
  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
  319  (a).
  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
  374  education.
  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
  419  transportation.
  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
  441  read:
  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
  463  school.
  464         Section 3. Section 1006.19, Florida Statutes, is amended to
  465  read:
  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
  487  General.
  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
  498  dispute.
  499         Section 4. Section 1006.20, Florida Statutes, is amended to
  500  read:
  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
  538  schools.
  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
  567  following:
  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;
  724  and
  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
  737  directors.
  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
  753  policies.
  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
  779  sanction.
  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
  790  school.
  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
  827  affairs;
  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
  841  officers.
  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
  857  injury.
  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
  868  team.
  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
  918  committees.
  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
  963  concurrently.
  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
  985  FHSAA.
  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
  989  competitions.
  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
  993  schools.
  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
  998  following:
  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
 1013  selection.
 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
 1041  minority.
 1042         5. An active athletic director.
 1043         6. An active coach, who is employed full time by a member
 1044  school.
 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
 1079  FHSAA.
 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
 1084  director.
 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
 1095  appeals.
 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
 1104  concurrently.
 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.