Florida Senate - 2021 SB 760
By Senator Burgess
20-00571A-21 2021760__
1 A bill to be entitled
2 An act relating to the Florida High School Athletic
3 Association (FHSAA); amending s. 1006.20, F.S.;
4 requiring the FHSAA to allow certain schools and home
5 education cooperatives to maintain full membership in
6 the association or to join by sport; prohibiting the
7 FHSAA from discouraging such school or cooperative
8 from simultaneously maintaining membership in another
9 athletic association; requiring, rather than
10 authorizing, the FHSAA to allow public schools to join
11 other athletic associations; prohibiting the FHSAA
12 from taking retributory or discriminatory actions
13 against member schools that join other athletic
14 associations; prohibiting the FHSAA from taking
15 certain actions against specified entities that choose
16 not to participate in the association for any sport;
17 providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Subsection (1) of section 1006.20, Florida
22 Statutes, is amended to read:
23 1006.20 Athletics in public K-12 schools.—
24 (1) GOVERNING NONPROFIT ORGANIZATION.—The Florida High
25 School Athletic Association (FHSAA) is designated as the
26 governing nonprofit organization of athletics in Florida public
27 schools. If the FHSAA fails to meet the provisions of this
28 section, the commissioner shall designate a nonprofit
29 organization to govern athletics with the approval of the State
30 Board of Education. The FHSAA is not a state agency as defined
31 in s. 120.52. The FHSAA shall be subject to the provisions of s.
32 1006.19. A private school that wishes to engage in high school
33 athletic competition with a public high school may become a
34 member of the FHSAA. Any high school in the state, including
35 charter schools, virtual schools, and home education
36 cooperatives, may become a member of the FHSAA and participate
37 in the activities of the FHSAA. However, membership in the FHSAA
38 is not mandatory for any school. The FHSAA must allow a private
39 school or a public school, including a charter school, a virtual
40 school, and a home education cooperative, the option of
41 maintaining full membership in the association or joining by
42 sport and may not discourage such school or cooperative a
43 private school from simultaneously maintaining membership in
44 another athletic association. The FHSAA must may allow a public
45 school the option to apply for consideration to join another
46 athletic association. The FHSAA may not deny or discourage
47 interscholastic competition between its member schools and non
48 FHSAA member Florida schools, including members of another
49 athletic governing organization, and may not take any
50 retributory or discriminatory action against any of its member
51 schools that join another athletic association or that
52 participate in interscholastic competition with non-FHSAA member
53 Florida schools. The FHSAA may not punish, discourage,
54 intimidate, or penalize any private school or public school,
55 including a charter school, a virtual school, and a home
56 education cooperative, from choosing not to participate in the
57 association for any sport. The FHSAA may not unreasonably
58 withhold its approval of an application to become an affiliate
59 member of the National Federation of State High School
60 Associations submitted by any other organization that governs
61 interscholastic athletic competition in this state. The bylaws
62 of the FHSAA are the rules by which high school athletic
63 programs in its member schools, and the students who participate
64 in them, are governed, unless otherwise specifically provided by
65 statute. For the purposes of this section, “high school”
66 includes grades 6 through 12.
67 Section 2. This act shall take effect July 1, 2021.