Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS for CS for HB 225
       
       
       
       
       
       
                                Ì582164*Î582164                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .           Floor: CA            
             04/03/2023 02:17 PM       .      05/03/2023 04:29 PM       
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       Senator Collins moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraphs (c) and (d) of subsection (18) of
    6  section 1002.20, Florida Statutes, are amended to read:
    7         1002.20 K-12 student and parent rights.—Parents of public
    8  school students must receive accurate and timely information
    9  regarding their child’s academic progress and must be informed
   10  of ways they can help their child to succeed in school. K-12
   11  students and their parents are afforded numerous statutory
   12  rights including, but not limited to, the following:
   13         (18) EXTRACURRICULAR ACTIVITIES.—In accordance with the
   14  provisions of s. 1006.15:
   15         (c) Charter school students.—Charter school students who
   16  meet specified academic and conduct requirements are eligible to
   17  participate in extracurricular activities at the public school
   18  to which the student would be assigned or could choose to attend
   19  according to district school board policies, or may develop an
   20  agreement to participate at a private school, unless such
   21  activity is provided by the student’s charter school.
   22         (d) Florida Virtual School full-time students.—Florida
   23  Virtual School full-time students who meet specified academic
   24  and conduct requirements are eligible to participate in
   25  extracurricular activities at the public school to which the
   26  student would be assigned or could choose to attend according to
   27  district school board policies, or may develop an agreement to
   28  participate at a private school.
   29         Section 2. Subsection (11) of section 1002.33, Florida
   30  Statutes, is amended to read:
   31         1002.33 Charter schools.—
   32         (11) PARTICIPATION IN INTERSCHOLASTIC EXTRACURRICULAR
   33  ACTIVITIES.—A charter school student is eligible to participate
   34  in an interscholastic extracurricular activity at the public
   35  school to which the student would be otherwise assigned to
   36  attend, or may develop an agreement to participate at a private
   37  school, pursuant to s. 1006.15(3)(d).
   38         Section 3. Present paragraph (h) of subsection (3) of
   39  section 1006.15, Florida Statutes, is redesignated as paragraph
   40  (i), and a new paragraph (h) is added to that subsection,
   41  subsection (10) is added to that section, and paragraphs (d) and
   42  (e) of subsection (3) and subsection (8) of that section are
   43  amended, to read:
   44         1006.15 Student standards for participation in
   45  interscholastic and intrascholastic extracurricular student
   46  activities; regulation.—
   47         (3)
   48         (d) An individual charter school student pursuant to s.
   49  1002.33 is eligible to participate at the public school to which
   50  the student would be assigned according to district school board
   51  attendance area policies or which the student could attend, or
   52  may develop an agreement to participate at a private school, in
   53  any interscholastic extracurricular activity of that school,
   54  unless such activity is provided by the student’s charter
   55  school, if the following conditions are met:
   56         1. The charter school student must meet the requirements of
   57  the charter school education program as determined by the
   58  charter school governing board.
   59         2. During the period of participation at a school, the
   60  charter school student must demonstrate educational progress as
   61  required in paragraph (b).
   62         3. The charter school student must meet the same residency
   63  requirements as other students in the school at which he or she
   64  participates.
   65         4. The charter school student must meet the same standards
   66  of acceptance, behavior, and performance that are required of
   67  other students in extracurricular activities.
   68         5. The charter school student must register with the school
   69  his or her intent to participate in interscholastic
   70  extracurricular activities as a representative of the school
   71  before participation. A charter school student must be able to
   72  participate in curricular activities if that is a requirement
   73  for an extracurricular activity.
   74         6. A student who transfers from a charter school program to
   75  a traditional public school before or during the first grading
   76  period of the school year is academically eligible to
   77  participate in interscholastic extracurricular activities during
   78  the first grading period if the student has a successful
   79  evaluation from the previous school year, pursuant to
   80  subparagraph 2.
   81         7. Any public school or private school student who has been
   82  unable to maintain academic eligibility for participation in
   83  interscholastic extracurricular activities is ineligible to
   84  participate in such activities as a charter school student until
   85  the student has successfully completed one grading period in a
   86  charter school pursuant to subparagraph 2. to become eligible to
   87  participate as a charter school student.
   88         (e) A student of the Florida Virtual School full-time
   89  program may participate in any interscholastic extracurricular
   90  activity at the public school to which the student would be
   91  assigned according to district school board attendance area
   92  policies or which the student could choose to attend pursuant to
   93  s. 1002.31, or may develop an agreement to participate at a
   94  private school, if the student:
   95         1. During the period of participation in the
   96  interscholastic extracurricular activity, meets the requirements
   97  in paragraph (a).
   98         2. Meets any additional requirements as determined by the
   99  board of trustees of the Florida Virtual School.
  100         3. Meets the same residency requirements as other students
  101  in the school at which he or she participates.
  102         4. Meets the same standards of acceptance, behavior, and
  103  performance that are required of other students in
  104  extracurricular activities.
  105         5. Registers his or her intent to participate in
  106  interscholastic extracurricular activities with the school
  107  before participation. A Florida Virtual school student must be
  108  able to participate in curricular activities if that is a
  109  requirement for an extracurricular activity.
  110         (h)An individual traditional public school student who is
  111  otherwise eligible to participate in interscholastic
  112  extracurricular activities may either participate in any such
  113  activity at any public school in the school district in which
  114  the student resides or develop an agreement to participate in
  115  such activity at a private school, unless the activity is
  116  provided by the student’s traditional public school. Such
  117  student must:
  118         1.Meet the same standards of acceptance, behavior, and
  119  performance that are required of other students in
  120  extracurricular activities at the school at which the student
  121  wishes to participate.
  122         2. Before participation, register with the school his or
  123  her intent to participate in interscholastic extracurricular
  124  activities as a representative of the school. The student must
  125  be able to participate in curricular activities if that is a
  126  requirement for an extracurricular activity.
  127         (8)(a) The Florida High School Athletic Association (FHSAA)
  128  shall, in cooperation with each district school board and its
  129  member private schools, shall facilitate a program in which a
  130  middle school or high school student who attends a private
  131  school is shall be eligible to participate in an interscholastic
  132  or intrascholastic sport at a member public high school, a
  133  member public middle school, or a member 6-12 public school, or
  134  a member private school, as appropriate for the private school
  135  student’s grade level to which the student would be assigned
  136  according to district school board attendance area policies and
  137  procedures or which the student could choose to attend pursuant
  138  to s. 1002.31, provided the public school has not reached
  139  capacity as determined by the district school board, if:
  140         1. The private school in which the student is enrolled is
  141  not a member of the FHSAA.
  142         2. The private school student meets the guidelines for the
  143  conduct of the program established by the FHSAA’s board of
  144  directors and the district school board or member private
  145  school. At a minimum, such guidelines must shall provide:
  146         a. a deadline for each sport by which the private school
  147  student’s parents must register with the member public school in
  148  writing their intent for their child to participate at that
  149  school in the sport.
  150         b. Requirements for a private school student to
  151  participate, including, but not limited to, meeting the same
  152  standards of eligibility, acceptance, behavior, educational
  153  progress, and performance which apply to other students
  154  participating in interscholastic or intrascholastic sports at a
  155  public school or FHSAA member private school.
  156         (b) The parents of a private school student participating
  157  in a member public school sport under this subsection are
  158  responsible for transporting their child to and from the member
  159  public school at which the student participates. The private
  160  school the student attends, the member public school at which
  161  the student participates in a sport, the district school board,
  162  and the FHSAA are exempt from civil liability arising from any
  163  injury that occurs to the student during such transportation.
  164         (c) For each academic year, a private school student may
  165  only participate at the member public school in which the
  166  student is first registered under subparagraph (a)2. sub
  167  subparagraph (a)2.a. or makes himself or herself a candidate for
  168  an athletic team by engaging in a practice.
  169         (d) The athletic director of each participating FHSAA
  170  member public school shall maintain the student records
  171  necessary for eligibility, compliance, and participation in the
  172  program.
  173         (e) Any non-FHSAA member private school that has a student
  174  who wishes to participate in this program must make all student
  175  records, including, but not limited to, academic, financial,
  176  disciplinary, and attendance records, available upon request of
  177  the FHSAA.
  178         (f) A student must apply to participate in this program
  179  through the FHSAA program application process.
  180         (g) Only students who are enrolled in non-FHSAA member
  181  private schools consisting of 125 students or fewer are eligible
  182  to participate in the program in any given academic year.
  183         (10) A student who participates in an interscholastic or
  184  intrascholastic activity at a public school and who transfers
  185  from that school during the school year must be allowed to
  186  continue to participate in the activity at that school for the
  187  remainder of the school year if:
  188         (a) During the period of participation in the activity, the
  189  student continues to meet the requirements specified in
  190  paragraph (3)(a).
  191         (b) The student continues to meet the same standards of
  192  acceptance, behavior, and performance which are required of
  193  other students participating in the activity, except for
  194  enrollment requirements at the school at which the student
  195  participates.
  196         (c) The parents of the student participating in the
  197  activity provide for the transportation of the student to and
  198  from the school at which the student participates. The school
  199  the student attends, the school at which the student
  200  participates in the activity, and the district school board are
  201  exempt from civil liability arising from any injury that occurs
  202  to the student during such transportation.
  203         Section 4. Paragraph (a) of subsection (1) of section
  204  1006.195, Florida Statutes, is amended to read:
  205         1006.195 District school board, charter school authority
  206  and responsibility to establish student eligibility regarding
  207  participation in interscholastic and intrascholastic
  208  extracurricular activities.—Notwithstanding any provision to the
  209  contrary in ss. 1006.15, 1006.18, and 1006.20, regarding student
  210  eligibility to participate in interscholastic and
  211  intrascholastic extracurricular activities:
  212         (1)(a) A district school board must establish, through its
  213  code of student conduct, student eligibility standards and
  214  related student disciplinary actions regarding student
  215  participation in interscholastic and intrascholastic
  216  extracurricular activities. The code of student conduct must
  217  provide that:
  218         1. A student not currently suspended from interscholastic
  219  or intrascholastic extracurricular activities, or suspended or
  220  expelled from school, pursuant to a district school board’s
  221  suspension or expulsion powers provided in law, including ss.
  222  1006.07, 1006.08, and 1006.09, is eligible to participate in
  223  interscholastic and intrascholastic extracurricular activities.
  224         2. A student may not participate in a sport if the student
  225  participated in that same sport at another school during that
  226  school year, unless the student meets the criteria in s.
  227  1006.15(3)(i) s. 1006.15(3)(h).
  228         3. A student’s eligibility to participate in any
  229  interscholastic or intrascholastic extracurricular activity may
  230  not be affected by any alleged recruiting violation until final
  231  disposition of the allegation pursuant to s. 1006.20(2)(b).
  232         Section 5. Subsection (1), paragraph (a) of subsection (2),
  233  paragraphs (a) and (e) of subsection (4), paragraphs (a) and (h)
  234  of subsection (5), paragraph (b) of subsection (6), and
  235  subsection (8) of section 1006.20, Florida Statutes, are amended
  236  to read:
  237         1006.20 Athletics in public K-12 schools.—
  238         (1) GOVERNING NONPROFIT ORGANIZATION.—The Florida High
  239  School Athletic Association (FHSAA) is designated as a the
  240  governing nonprofit organization of athletics in Florida public
  241  schools. If the FHSAA fails to comply with meet the provisions
  242  of this section, the commissioner must shall designate a
  243  nonprofit organization to govern athletics with the approval of
  244  the State Board of Education. The FHSAA is not a state agency as
  245  defined in s. 120.52. The FHSAA is shall be subject to the
  246  provisions of s. 1006.19. A private school that wishes to engage
  247  in high school athletic competition with a public high school
  248  may become a member of the FHSAA. Any high school in this the
  249  state, including charter schools, virtual schools, and home
  250  education cooperatives, may become a member of the FHSAA and
  251  participate in the activities of the FHSAA;. however, membership
  252  in the FHSAA is not mandatory for any school. The FHSAA shall
  253  must allow a private school the option of maintaining full
  254  membership in the association or joining by sport and may not
  255  discourage a private school from simultaneously maintaining
  256  membership in another athletic association. The FHSAA shall
  257  allow any school joining by sport to participate in the
  258  championship contest or series of contests for that sport may
  259  allow a public school the option to apply for consideration to
  260  join another athletic association. The FHSAA may not deny or
  261  discourage interscholastic competition between its member
  262  schools and non-FHSAA member Florida schools, including members
  263  of another athletic governing organization, and may not take any
  264  retributory or discriminatory action against any of its member
  265  schools that participate in interscholastic competition with
  266  non-FHSAA member Florida schools. The FHSAA may not unreasonably
  267  withhold its approval of an application to become an affiliate
  268  member of the National Federation of State High School
  269  Associations submitted by any other organization that governs
  270  interscholastic athletic competition in this state. The bylaws
  271  of the FHSAA are the rules by which high school athletic
  272  programs in its member schools, and the students who participate
  273  in them, are governed, unless otherwise specifically provided by
  274  statute. For the purposes of this section, the term “high
  275  school” includes grades 6 through 12.
  276         (2) ADOPTION OF BYLAWS, POLICIES, OR GUIDELINES.—
  277         (a) The FHSAA shall adopt bylaws that, unless specifically
  278  provided otherwise by statute, establish eligibility
  279  requirements for all students who participate in high school
  280  athletic competition in its member schools. The bylaws governing
  281  residence and transfer must shall allow the student to be
  282  immediately eligible in the school in which he or she first
  283  enrolls each school year or the school in which the student
  284  makes himself or herself a candidate for an athletic team by
  285  engaging in a practice before prior to enrolling in the school.
  286  The bylaws must shall also allow the student to be immediately
  287  eligible in the school to which the student has transferred. The
  288  student remains shall be eligible in that school so long as he
  289  or she remains enrolled in that school. Subsequent eligibility
  290  must shall be determined and enforced through the FHSAA’s
  291  bylaws. Requirements governing eligibility and transfer between
  292  member schools must shall be applied similarly to public school
  293  students and private school students. The commissioner may
  294  direct the FHSAA to revise its bylaws at any time.
  295         1. Any changes to the FHSAA’s bylaws must be ratified by
  296  the State Board of Education.
  297         2. A bylaw adopted by the FHSAA board of directors may not
  298  take effect until it is ratified by the State Board of
  299  Education.
  300         (4) BOARD OF DIRECTORS.—
  301         (a) The executive and legislative authority of the FHSAA is
  302  shall be vested in its board of directors, which is. Any entity
  303  that appoints members to the board of directors shall examine
  304  the ethnic and demographic composition of the board when
  305  selecting candidates for appointment and shall, to the greatest
  306  extent possible, make appointments that reflect state
  307  demographic and population trends. The board of directors shall
  308  be composed of 13 members, eight of whom are appointed by the
  309  Governor and confirmed by the Senate 16 persons, as follows:
  310         1. Two public member school representatives elected from
  311  among its public school representative members. Each elected
  312  representative must be from a different administrative region.
  313         2. Two nonpublic member school representatives elected from
  314  among its nonpublic school representative members. Each elected
  315  representative must be from a different administrative region
  316  that are also different from the public member school
  317  representatives elected under subparagraph 1.
  318         3.1.Two Four public member school representatives
  319  appointed from different administrative regions, one elected
  320  from among its public school representative members within each
  321  of the four administrative regions.
  322         4.2.Two Four nonpublic member school representatives
  323  appointed from different administrative regions that are also
  324  different than those represented by the public member school
  325  representatives appointed under subparagraph 3., one elected
  326  from among its nonpublic school representative members within
  327  each of the four administrative regions.
  328         5.3.Two Three representatives appointed by the
  329  commissioner, one appointed from the two northernmost
  330  administrative regions and one appointed from the two
  331  southernmost administrative regions. The third representative
  332  shall be appointed to balance the board for diversity or state
  333  population trends, or both.
  334         6.4.One Two district school superintendent appointed
  335  superintendents, one elected from the two northernmost
  336  administrative region regions by the members in those regions
  337  and one elected from the two southernmost administrative regions
  338  by the members in those regions.
  339         7.5.One Two district school board member appointed
  340  members, one elected from the two northernmost administrative
  341  regions by the members in those regions and one elected from the
  342  two southernmost administrative region regions by the members in
  343  those regions.
  344         8.6. The commissioner or his or her designee from the
  345  department executive staff.
  346         (e) The authority and duties of the board of directors,
  347  acting as a body and in accordance with the FHSAA’s bylaws, are
  348  as follows:
  349         1. To act as the incorporated FHSAA’s board of directors
  350  and to fulfill its obligations as required by the FHSAA’s
  351  charter and articles of incorporation.
  352         2. To establish such guidelines, regulations, policies, and
  353  procedures as are authorized by the bylaws.
  354         3. To employ an FHSAA executive director, who has shall
  355  have the authority to waive the bylaws of the FHSAA in order to
  356  comply with statutory changes. The hiring of the executive
  357  director must be ratified by the State Board of Education.
  358         4. To levy annual dues and other fees and to set the
  359  percentage of contest receipts to be collected by the FHSAA.
  360         5. To approve the budget of the FHSAA. The budget adopted
  361  by the board of directors must be ratified by the State Board of
  362  Education.
  363         6. To organize and conduct statewide interscholastic
  364  competitions, which may or may not lead to state championships,
  365  and to establish the terms and conditions for these
  366  competitions.
  367         7. To act as an administrative board in the interpretation
  368  of, and final decision on, all questions and appeals arising
  369  from the directing of interscholastic athletics of member
  370  schools.
  371         8. To approve, reject, or amend any legislative
  372  recommendations from the representative assembly. Approval of
  373  such recommendations requires a majority vote of the board.
  374         (5) REPRESENTATIVE ASSEMBLY.—
  375         (a) The legislative authority of the FHSAA is vested in its
  376  representative assembly may make legislative recommendations to
  377  the board of directors.
  378         (h) Other than making legislative recommendations as
  379  authorized by paragraph (a), the authority of the representative
  380  assembly is limited to its sole duty, which is to consider,
  381  adopt, or reject any recommended proposed amendments to the
  382  FHSAA’s bylaws.
  383         (6) PUBLIC LIAISON ADVISORY COMMITTEE.—
  384         (b) A No member of the board of directors or the, committee
  385  on appeals may not, or representative assembly is eligible to
  386  serve on the public liaison advisory committee.
  387         (8) AMENDMENT OF BYLAWS.—Each member school representative,
  388  the board of directors acting as a whole or as members acting
  389  individually, any advisory committee acting as a whole to be
  390  established by the FHSAA, the commissioner, and the FHSAA’s
  391  executive director may are empowered to propose amendments to
  392  the bylaws. Any other individual may propose an amendment by
  393  securing the sponsorship of any such of the aforementioned
  394  individuals or bodies. All proposed amendments must be submitted
  395  directly to the representative assembly for its consideration.
  396  The representative assembly shall provide a recommendation to
  397  the board of directors to either adopt, reject, or revise any
  398  proposed amendments, while empowered to adopt, reject, or revise
  399  proposed amendments, may not, in and of itself, as a body be
  400  allowed to propose any amendment for its own consideration.
  401         Section 6. Section 1006.185, Florida Statutes, is created
  402  to read:
  403         1006.185 Opening remarks at high school athletic contests.
  404  Each athletic association designated under s. 1006.20 whose
  405  membership includes public schools shall adopt bylaws, policies,
  406  or procedures that provide each school participating in a high
  407  school championship contest or series of contests under the
  408  direction and supervision of the association the opportunity to
  409  make brief opening remarks, if requested by the school, using
  410  the public address system at the event. Such remarks may not be
  411  longer than 2 minutes per participating school. The athletic
  412  association may not control, monitor, or review the content of
  413  the opening remarks and may not control the school’s choice of
  414  speaker. Member schools may not provide remarks that are
  415  derogatory, rude, or threatening. Before the opening remarks, an
  416  announcement must be made that the content of any opening
  417  remarks by a participating school is not endorsed by and does
  418  not reflect the views and or opinions of the athletic
  419  association. The decision to allow opening remarks before
  420  regular season contests is at the discretion of each school.
  421         Section 7. This act shall take effect July 1, 2023.
  422  
  423  ================= T I T L E  A M E N D M E N T ================
  424  And the title is amended as follows:
  425         Delete everything before the enacting clause
  426  and insert:
  427                        A bill to be entitled                      
  428         An act relating to interscholastic activities;
  429         amending s. 1002.20, F.S.; authorizing charter school
  430         students and Florida Virtual School full-time students
  431         to participate in extracurricular activities at a
  432         private school under certain circumstances; amending
  433         s. 1002.33, F.S.; authorizing charter school students
  434         to participate in interscholastic extracurricular
  435         activities at a private school under certain
  436         circumstances; amending s. 1006.15, F.S.; authorizing
  437         charter school students and Florida Virtual School
  438         full-time program students to participate in
  439         interscholastic extracurricular activities at private
  440         schools under certain circumstances; authorizing
  441         traditional public school students to participate in
  442         interscholastic and intrascholastic activities at
  443         certain schools; revising the requirements for
  444         students to participate in such activities; revising
  445         requirements related to private school students
  446         participating at a Florida High School Athletic
  447         Association (FHSAA)-member school; providing for the
  448         continued participation in such activities by certain
  449         students who transfer from a public school; amending
  450         s. 1006.195, F.S.; conforming a cross-reference;
  451         amending s. 1006.20, F.S.; requiring the FHSAA to
  452         allow any school that joins the organization by sport
  453         to participate in the championship contest or series
  454         of contests for that sport; providing that the
  455         Commissioner of Education may direct the FHSAA to
  456         revise its bylaws at any time; requiring that any
  457         changes to the FHSAA bylaws be ratified by the State
  458         Board of Education; deleting a requirement that the
  459         appointing authority of members of the FHSAA Board of
  460         Directors make appointments that reflect the
  461         demographic and population trends of this state;
  462         revising the composition of the board of directors;
  463         providing that all appointed board members be
  464         appointed by the Governor and confirmed by the Senate;
  465         requiring that the hiring of the FHSAA executive
  466         director and the budget adopted by the board of
  467         directors be ratified by the State Board of Education;
  468         requiring a majority vote of the board of directors
  469         for the approval of legislative recommendations from
  470         the representative assembly; creating s. 1006.185,
  471         F.S.; requiring each approved athletic association
  472         whose membership includes public schools to allow each
  473         participating school to make opening remarks at
  474         certain athletic contests; providing requirements for
  475         the remarks; providing an effective date.