Florida Senate - 2023                                     SB 308
       
       
        
       By Senator Collins
       
       
       
       
       
       14-00593-23                                            2023308__
    1                        A bill to be entitled                      
    2         An act relating to interscholastic and intrascholastic
    3         activities; amending s. 1006.20, F.S.; providing for
    4         the approval of athletic associations that meet
    5         certain requirements; providing a definition;
    6         requiring certain athletic associations to operate
    7         under a contract with the State Board of Education;
    8         requiring the State Board of Education to annually
    9         review specified information relating to such athletic
   10         associations; providing that private schools and
   11         traditional public schools are considered high schools
   12         for specified purposes; prohibiting public schools
   13         from maintaining memberships in or paying dues or fees
   14         to certain athletic associations; providing that
   15         approved athletic associations are subject to certain
   16         requirements; requiring approved athletic associations
   17         to adopt certain bylaws; requiring approved athletic
   18         associations to establish a certain appeals process;
   19         authorizing certain sports medicine advisory
   20         committees to establish specified definitions related
   21         to concussions; requiring certain approved athletic
   22         associations to establish sports medicine advisory
   23         committees that meet certain membership requirements;
   24         amending s. 1006.15, F.S.; authorizing home education
   25         students, Florida Virtual School students, and private
   26         school students to participate in interscholastic and
   27         intrascholastic activities at certain schools;
   28         revising the requirements for such students to
   29         participate in such activities; providing for the
   30         continued participation in such activities by certain
   31         students who transfer from a public school; conforming
   32         cross-references and provisions to changes made by the
   33         act; creating s. 1006.185, F.S.; requiring certain
   34         athletic associations to adopt bylaws, policies, or
   35         procedures allowing opening remarks at specified
   36         events; providing requirements for such remarks;
   37         requiring certain announcements before such remarks;
   38         providing that opening remarks at specified events are
   39         at the discretion of each school; amending ss.
   40         768.135, 1002.20, 1002.42, 1006.165, 1006.18,
   41         1006.195, 1012.468, 1012.795, and 1012.796, F.S.;
   42         conforming cross-references and provisions to changes
   43         made by the act; providing an effective date.
   44          
   45  Be It Enacted by the Legislature of the State of Florida:
   46  
   47         Section 1. Section 1006.20, Florida Statutes, is amended to
   48  read:
   49         1006.20 Athletics in public K-12 schools.—
   50         (1) GOVERNING NONPROFIT ATHLETIC ASSOCIATION ORGANIZATION.
   51  The Florida High School Athletic Association (FHSAA) is
   52  designated as the governing nonprofit athletic association
   53  organization of athletics in Florida public schools. If the
   54  FHSAA fails to meet the provisions of this section, The State
   55  Board of Education may approve other commissioner shall
   56  designate a nonprofit athletic associations. As used in this
   57  section, the term “approved athletic association” means the
   58  FHSAA and other nonprofit athletic associations approved by
   59  organization to govern athletics with the approval of the State
   60  Board of Education. Each nonprofit athletic association subject
   61  to the requirements of this section shall operate under a
   62  contract with the State Board of Education. Before entering into
   63  a contract with an association, the State Board of Education
   64  shall annually review, at a minimum, the bylaws, policies, and
   65  dues and fees of the association for compliance with subpart D.
   66  of this part. Any approved athletic association The FHSAA is not
   67  a state agency as defined in s. 120.52 but is. The FHSAA shall
   68  be subject to ss. 1006.15-1006.19 the provisions of s. 1006.19.
   69         (2)MEMBERSHIP.—A private school that wishes to engage in
   70  high school athletic competition with a public high school may
   71  become a member of the FHSAA. Any high school in this the state,
   72  including private schools, traditional public schools, charter
   73  schools, virtual schools, and home education cooperatives, may
   74  become a member of any approved athletic association. However, a
   75  public school may not maintain membership in or pay dues or fees
   76  to any athletic association that is not operated under a
   77  contract with the State Board of Education the FHSAA and
   78  participate in the activities of the FHSAA. However, Membership
   79  in an association the FHSAA is not mandatory for any school.
   80  Approved athletic associations The FHSAA must allow any a
   81  private school or cooperative the option of maintaining full
   82  membership in the association or joining by sport and may not
   83  discourage any a private school or cooperative from
   84  simultaneously maintaining membership in another athletic
   85  association. Approved athletic associations The FHSAA may allow
   86  a public school the option to apply for consideration to join
   87  another athletic association. the FHSAA may not deny or
   88  discourage interscholastic competition between its member
   89  schools and nonmember non-FHSAA member Florida schools,
   90  including members of another approved athletic association
   91  governing organization, and may not take any retributory or
   92  discriminatory action against any of its member schools that
   93  participate in interscholastic competition with nonmember non
   94  FHSAA member Florida schools. The FHSAA may not unreasonably
   95  withhold its approval of an application to become an affiliate
   96  member of the National Federation of State High School
   97  Associations submitted by any other approved athletic
   98  association organization that governs interscholastic athletic
   99  competition in this state. The bylaws of each approved athletic
  100  association the FHSAA are the rules by which high school
  101  athletic programs in its member schools, and the students who
  102  participate in them, are governed, unless otherwise specifically
  103  provided by statute. For the purposes of this section, the term
  104  “high school” includes grades 6 through 12.
  105         (3)(2) ADOPTION OF BYLAWS, POLICIES, OR GUIDELINES.—
  106         (a) Each approved athletic association the FHSAA shall
  107  adopt bylaws that, unless specifically provided by statute,
  108  establish eligibility requirements for all students who
  109  participate in high school athletic competition in its member
  110  schools. The bylaws governing residence and transfer must shall
  111  allow the student to be immediately eligible in the school in
  112  which he or she first enrolls each school year or the school in
  113  which the student makes himself or herself a candidate for an
  114  athletic team by engaging in a practice before prior to
  115  enrolling in the school. The bylaws must shall also allow the
  116  student to be immediately eligible in the school to which the
  117  student has transferred. The student shall be eligible in that
  118  school so long as he or she remains enrolled in that school.
  119  Subsequent eligibility shall be determined and enforced through
  120  the association’s FHSAA’s bylaws. Requirements governing
  121  eligibility and transfer between member schools shall be applied
  122  similarly to public school students and private school students.
  123         (b) Each approved athletic association the FHSAA shall
  124  adopt bylaws that specifically prohibit the recruiting of
  125  students for athletic purposes. The bylaws shall prescribe
  126  penalties and an appeals process for athletic recruiting
  127  violations.
  128         1. If it is determined that a school has recruited a
  129  student in violation of association FHSAA bylaws, the
  130  association FHSAA may require the school to participate in a
  131  higher classification for the sport in which the recruited
  132  student competes for a minimum of one classification cycle, in
  133  addition to the penalties in subparagraphs 2. and 3. and any
  134  other appropriate fine or sanction imposed on the school, its
  135  coaches, or adult representatives who violate recruiting rules.
  136         2. Any recruitment by a school district employee or
  137  contractor in violation of association FHSAA bylaws results in
  138  escalating punishments as follows:
  139         a. For a first offense, a $5,000 forfeiture of pay for the
  140  school district employee or contractor who committed the
  141  violation.
  142         b. For a second offense, suspension without pay for 12
  143  months from coaching, directing, or advertising an
  144  extracurricular activity and a $5,000 forfeiture of pay for the
  145  school district employee or contractor who committed the
  146  violation.
  147         c. For a third offense, a $5,000 forfeiture of pay for the
  148  school district employee or contractor who committed the
  149  violation. If the individual who committed the violation holds
  150  an educator certificate, the association FHSAA shall also refer
  151  the violation to the department for review pursuant to s.
  152  1012.796 to determine whether probable cause exists, and, if
  153  there is a finding of probable cause, the commissioner shall
  154  file a formal complaint against the individual. If the complaint
  155  is upheld, the individual’s educator certificate shall be
  156  revoked for 3 years, in addition to any penalties available
  157  under s. 1012.796. Additionally, the department shall revoke any
  158  adjunct teaching certificates issued pursuant to s. 1012.57 and
  159  all permissions under ss. 1012.39 and 1012.43, and the educator
  160  is ineligible for such certificates or permissions for a period
  161  of time equal to the period of revocation of his or her state
  162  issued certificate.
  163         3. Notwithstanding any other provision of law, a school,
  164  team, or activity shall forfeit all competitions, including
  165  honors resulting from such competitions, in which a student who
  166  participated in any fashion was recruited in a manner prohibited
  167  pursuant to state law or the association FHSAA bylaws.
  168         4. A student may not be declared ineligible based on
  169  violation of recruiting rules unless the student or parent has
  170  falsified any enrollment or eligibility document or accepted any
  171  benefit if such benefit is not generally available to the
  172  school’s students or family members or is based in any way on
  173  athletic interest, potential, or performance.
  174         5. A student’s eligibility to participate in any
  175  interscholastic or intrascholastic extracurricular activity, as
  176  determined by a district school board pursuant to s.
  177  1006.195(1)(a)3., may not be affected by any alleged recruiting
  178  violation until final disposition of the allegation.
  179         (c) Each approved athletic association the FHSAA shall
  180  adopt bylaws that require all students participating in
  181  interscholastic athletic competition or who are candidates for
  182  an interscholastic athletic team to satisfactorily pass a
  183  medical evaluation each year before participating in
  184  interscholastic athletic competition or engaging in any
  185  practice, tryout, workout, conditioning, or other physical
  186  activity associated with the student’s candidacy for an
  187  interscholastic athletic team, including activities that occur
  188  outside of the school year. Such medical evaluation may be
  189  administered only by a practitioner licensed under chapter 458,
  190  chapter 459, chapter 460, or s. 464.012 or registered under s.
  191  464.0123 and in good standing with the practitioner’s regulatory
  192  board. The bylaws shall establish requirements for eliciting a
  193  student’s medical history and performing the medical evaluation
  194  required under this paragraph, which shall include a physical
  195  assessment of the student’s physical capabilities to participate
  196  in interscholastic athletic competition as contained in a
  197  uniform preparticipation physical evaluation and history form.
  198  The evaluation form shall incorporate the recommendations of the
  199  American Heart Association for participation cardiovascular
  200  screening and shall provide a place for the signature of the
  201  practitioner performing the evaluation with an attestation that
  202  each examination procedure listed on the form was performed by
  203  the practitioner or by someone under the direct supervision of
  204  the practitioner. The form shall also contain a place for the
  205  practitioner to indicate if a referral to another practitioner
  206  was made in lieu of completion of a certain examination
  207  procedure. The form shall provide a place for the practitioner
  208  to whom the student was referred to complete the remaining
  209  sections and attest to that portion of the examination. The
  210  preparticipation physical evaluation form shall advise students
  211  to complete a cardiovascular assessment and shall include
  212  information concerning alternative cardiovascular evaluation and
  213  diagnostic tests. Results of such medical evaluation must be
  214  provided to the school. A student is not eligible to
  215  participate, as provided in s. 1006.15(3), in any
  216  interscholastic athletic competition or engage in any practice,
  217  tryout, workout, or other physical activity associated with the
  218  student’s candidacy for an interscholastic athletic team until
  219  the results of the medical evaluation have been received and
  220  approved by the school.
  221         (d) Notwithstanding the provisions of paragraph (c), a
  222  student may participate in interscholastic athletic competition
  223  or be a candidate for an interscholastic athletic team if the
  224  parent of the student objects in writing to the student
  225  undergoing a medical evaluation because such evaluation is
  226  contrary to his or her religious tenets or practices. However,
  227  in such case, there shall be no liability on the part of any
  228  person or entity in a position to otherwise rely on the results
  229  of such medical evaluation for any damages resulting from the
  230  student’s injury or death arising directly from the student’s
  231  participation in interscholastic athletics where an undisclosed
  232  medical condition that would have been revealed in the medical
  233  evaluation is a proximate cause of the injury or death.
  234         (e) Each approved athletic association the FHSAA shall
  235  adopt bylaws that regulate persons who conduct investigations on
  236  behalf of the association FHSAA. The bylaws shall include
  237  provisions that require an investigator to:
  238         1. Undergo level 2 background screening under s. 435.04,
  239  establishing that the investigator has not committed any
  240  disqualifying offense listed in s. 435.04, unless the
  241  investigator can provide proof of compliance with level 2
  242  screening standards submitted within the previous 5 years to
  243  meet any professional licensure requirements, provided:
  244         a. The investigator has not had a break in service from a
  245  position that requires level 2 screening for more than 90 days;
  246  and
  247         b. The investigator submits, under penalty of perjury, an
  248  affidavit verifying that the investigator has not committed any
  249  disqualifying offense listed in s. 435.04 and is in full
  250  compliance with this paragraph.
  251         2. Be appointed as an investigator by the executive
  252  director.
  253         3. Carry a photo identification card that shows the
  254  association’s FHSAA name and, logo, and the investigator’s
  255  official title.
  256         4. Adhere to the following guidelines:
  257         a. Investigate only those alleged violations assigned by
  258  the executive director or the board of directors.
  259         b. Conduct interviews on Monday through Friday between the
  260  hours of 9 a.m. and 7 p.m. only, unless previously agreed to by
  261  the interviewee.
  262         c. Allow the parent of any student being interviewed to be
  263  present during the interview.
  264         d. Search residences or other private areas only with the
  265  permission of the executive director and the written consent of
  266  the student’s parent and only with a parent or a representative
  267  of the parent present.
  268         (f) Each approved athletic association the FHSAA shall
  269  adopt bylaws that establish sanctions for coaches who have
  270  committed major violations of the association’s FHSAA’s bylaws
  271  and policies.
  272         1. Major violations include, but are not limited to,
  273  knowingly allowing an ineligible student to participate in a
  274  contest representing a member school in an interscholastic
  275  contest or committing a violation of the association’s FHSAA’s
  276  recruiting or sportsmanship policies.
  277         2. Sanctions placed upon an individual coach may include,
  278  but are not limited to, prohibiting or suspending the coach from
  279  coaching, participating in, or attending any athletic activity
  280  sponsored, recognized, or sanctioned by the association FHSAA
  281  and the member school for which the coach committed the
  282  violation. If a coach is sanctioned by the association FHSAA and
  283  the coach transfers to another member school, those sanctions
  284  remain in full force and effect during the term of the sanction.
  285         3. If a member school is assessed a financial penalty as a
  286  result of a coach committing a major violation, the coach shall
  287  reimburse the member school before being allowed to coach,
  288  participate in, or attend any athletic activity sponsored,
  289  recognized, or sanctioned by the association FHSAA and a member
  290  school.
  291         4. The association FHSAA shall establish a due process
  292  procedure for coaches sanctioned under this paragraph,
  293  consistent with the appeals procedures set forth in subsection
  294  (8) (7).
  295         (g) Each approved athletic association the FHSAA shall
  296  adopt bylaws establishing the process and standards by which the
  297  association’s FHSAA determinations of eligibility are made. Such
  298  bylaws shall provide that:
  299         1. Ineligibility must be established by a preponderance of
  300  the evidence;
  301         2. Student athletes, parents, and schools must have notice
  302  of the initiation of any investigation or other inquiry into
  303  eligibility and may present, to the investigator and to the
  304  individual making the eligibility determination, any information
  305  or evidence that is credible, persuasive, and of a kind
  306  reasonably prudent persons rely upon in the conduct of serious
  307  affairs;
  308         3. An investigator may not determine matters of eligibility
  309  but must submit information and evidence to the executive
  310  director or a person designated by the executive director or by
  311  the board of directors for an unbiased and objective
  312  determination of eligibility; and
  313         4. A determination of ineligibility must be made in
  314  writing, setting forth the findings of fact and specific
  315  violation upon which the decision is based.
  316         (h) In lieu of bylaws adopted under paragraph (g), an
  317  approved athletic association the FHSAA may adopt bylaws
  318  providing as a minimum the procedural safeguards of ss. 120.569
  319  and 120.57, making appropriate provision for appointment of
  320  unbiased and qualified hearing officers.
  321         (i) An approved athletic association’s the FHSAA bylaws may
  322  not limit the competition of student athletes prospectively for
  323  rule violations of their school or its coaches or their adult
  324  representatives. The association FHSAA bylaws may not unfairly
  325  punish student athletes for eligibility or recruiting violations
  326  perpetrated by a teammate, coach, or administrator. Contests may
  327  not be forfeited for inadvertent eligibility violations unless
  328  the coach or a school administrator should have known of the
  329  violation. Contests may not be forfeited for other eligibility
  330  violations or recruiting violations in excess of the number of
  331  contests that the coaches and adult representatives responsible
  332  for the violations are prospectively suspended.
  333         (j) Each approved athletic association the FHSAA shall
  334  adopt guidelines to educate athletic coaches, officials,
  335  administrators, and student athletes and their parents of the
  336  nature and risk of concussion and head injury.
  337         (k) Each approved athletic association the FHSAA shall
  338  adopt bylaws or policies that require the parent of a student
  339  who is participating in interscholastic athletic competition or
  340  who is a candidate for an interscholastic athletic team to sign
  341  and return an informed consent that explains the nature and risk
  342  of concussion and head injury, including the risk of continuing
  343  to play after concussion or head injury, each year before
  344  participating in interscholastic athletic competition or
  345  engaging in any practice, tryout, workout, or other physical
  346  activity associated with the student’s candidacy for an
  347  interscholastic athletic team.
  348         (l) Each approved athletic association the FHSAA shall
  349  adopt bylaws or policies that require each student athlete who
  350  is suspected of sustaining a concussion or head injury in a
  351  practice or competition to be immediately removed from the
  352  activity. A student athlete who has been removed from an
  353  activity may not return to practice or competition until the
  354  student submits to the school a written medical clearance to
  355  return stating that the student athlete no longer exhibits
  356  signs, symptoms, or behaviors consistent with a concussion or
  357  other head injury. Medical clearance must be authorized by the
  358  appropriate health care practitioner trained in the diagnosis,
  359  evaluation, and management of concussions as defined by a the
  360  sports medicine advisory committee established pursuant to
  361  paragraph (m) of the Florida High School Athletic Association.
  362         (m)1. The FHSAA shall adopt bylaws for the establishment
  363  and duties of a sports medicine advisory committee composed of
  364  the following members:
  365         a.1. Eight physicians licensed under chapter 458 or chapter
  366  459 with at least one member licensed under chapter 459.
  367         b.2. One chiropractor licensed under chapter 460.
  368         c.3. One podiatrist licensed under chapter 461.
  369         d.4. One dentist licensed under chapter 466.
  370         e.5. Three athletic trainers licensed under part XIII of
  371  chapter 468.
  372         f.6. One member who is a current or retired head coach of a
  373  high school in this the state.
  374         2.An approved athletic association that does not rely on
  375  the recommendations of the sports medicine advisory committee of
  376  the FHSAA shall establish a sports medicine advisory committee
  377  whose membership satisfies the requirements of subparagraph 1.
  378         (4)(3) GOVERNING STRUCTURE OF THE FHSAA.—
  379         (a) The FHSAA shall operate as a representative democracy
  380  in which the sovereign authority is within its member schools.
  381  Except as provided in this section, the FHSAA shall govern its
  382  affairs through its bylaws.
  383         (b) Each member school, on its annual application for
  384  membership, shall name its official representative to the FHSAA.
  385  This representative must be either the school principal or his
  386  or her designee. That designee must either be an assistant
  387  principal or athletic director housed within that same school.
  388         (c) The FHSAA’s membership shall be divided along existing
  389  county lines into four contiguous and compact administrative
  390  regions, each containing an equal or nearly equal number of
  391  member schools to ensure equitable representation on the FHSAA’s
  392  board of directors, representative assembly, and appeals
  393  committees.
  394         (5)(4)FHSAA BOARD OF DIRECTORS.—
  395         (a) The executive authority of the FHSAA shall be vested in
  396  its board of directors. Any entity that appoints members to the
  397  board of directors shall examine the ethnic and demographic
  398  composition of the board when selecting candidates for
  399  appointment and shall, to the greatest extent possible, make
  400  appointments that reflect state demographic and population
  401  trends. The board of directors shall be composed of 16 persons,
  402  as follows:
  403         1. Four public member school representatives, one elected
  404  from among its public school representative members within each
  405  of the four administrative regions.
  406         2. Four nonpublic member school representatives, one
  407  elected from among its nonpublic school representative members
  408  within each of the four administrative regions.
  409         3. Three representatives appointed by the commissioner, one
  410  appointed from the two northernmost administrative regions and
  411  one appointed from the two southernmost administrative regions.
  412  The third representative shall be appointed to balance the board
  413  for diversity or state population trends, or both.
  414         4. Two district school superintendents, one elected from
  415  the two northernmost administrative regions by the members in
  416  those regions and one elected from the two southernmost
  417  administrative regions by the members in those regions.
  418         5. Two district school board members, one elected from the
  419  two northernmost administrative regions by the members in those
  420  regions and one elected from the two southernmost administrative
  421  regions by the members in those regions.
  422         6. The commissioner or his or her designee from the
  423  department executive staff.
  424         (b) A quorum of the board of directors shall consist of
  425  nine members.
  426         (c) The board of directors shall elect a president and a
  427  vice president from among its members. These officers shall also
  428  serve as officers of the FHSAA.
  429         (d) Members of the board of directors shall serve terms of
  430  3 years and are eligible to succeed themselves only once. A
  431  member of the board of directors, other than the commissioner or
  432  his or her designee, may serve a maximum of 6 consecutive years.
  433  The FHSAA’s bylaws shall establish a rotation of terms to ensure
  434  that a majority of the members’ terms do not expire
  435  concurrently.
  436         (e) The authority and duties of the board of directors,
  437  acting as a body and in accordance with the FHSAA’s bylaws, are
  438  as follows:
  439         1. To act as the incorporated FHSAA’s board of directors
  440  and to fulfill its obligations as required by the FHSAA’s
  441  charter and articles of incorporation.
  442         2. To establish such guidelines, regulations, policies, and
  443  procedures as are authorized by the bylaws.
  444         3. To employ an FHSAA executive director, who shall have
  445  the authority to waive the bylaws of the FHSAA in order to
  446  comply with statutory changes.
  447         4. To levy annual dues and other fees and to set the
  448  percentage of contest receipts to be collected by the FHSAA.
  449         5. To approve the budget of the FHSAA.
  450         6. To organize and conduct statewide interscholastic
  451  competitions, which may or may not lead to state championships,
  452  and to establish the terms and conditions for these
  453  competitions.
  454         7. To act as an administrative board in the interpretation
  455  of, and final decision on, all questions and appeals arising
  456  from the directing of interscholastic athletics of member
  457  schools.
  458         (6)(5)FHSAA REPRESENTATIVE ASSEMBLY.—
  459         (a) The legislative authority of the FHSAA is vested in its
  460  representative assembly.
  461         (b) The representative assembly shall be composed of the
  462  following:
  463         1. An equal number of member school representatives from
  464  each of the four administrative regions.
  465         2. Four district school superintendents, one elected from
  466  each of the four administrative regions by the district school
  467  superintendents in their respective administrative regions.
  468         3. Four district school board members, one elected from
  469  each of the four administrative regions by the district school
  470  board members in their respective administrative regions.
  471         4. The commissioner or his or her designee from the
  472  department executive staff.
  473         (c) The FHSAA’s bylaws shall establish the number of member
  474  school representatives to serve in the representative assembly
  475  from each of the four administrative regions and shall establish
  476  the method for their selection.
  477         (d) No member of the board of directors other than the
  478  commissioner or his or her designee can serve in the
  479  representative assembly.
  480         (e) The representative assembly shall elect a chairperson
  481  and a vice chairperson from among its members.
  482         (f) Elected members of the representative assembly shall
  483  serve terms of 2 years and are eligible to succeed themselves
  484  for two additional terms. An elected member, other than the
  485  commissioner or his or her designee, may serve a maximum of 6
  486  consecutive years in the representative assembly.
  487         (g) A quorum of the representative assembly consists of one
  488  more than half of its members.
  489         (h) The authority of the representative assembly is limited
  490  to its sole duty, which is to consider, adopt, or reject any
  491  proposed amendments to the FHSAA’s bylaws.
  492         (i) The representative assembly shall meet as a body
  493  annually. A two-thirds majority of the votes cast by members
  494  present is required for passage of any proposal.
  495         (7)(6)FHSAA PUBLIC LIAISON ADVISORY COMMITTEE.—
  496         (a) The FHSAA shall establish, sustain, fund, and provide
  497  staff support to a public liaison advisory committee composed of
  498  the following:
  499         1. The commissioner or his or her designee.
  500         2. A member public school principal.
  501         3. A member private school principal.
  502         4. A member school principal who is a member of a racial
  503  minority.
  504         5. An active athletic director.
  505         6. An active coach, who is employed full time by a member
  506  school.
  507         7. A student athlete.
  508         8. A district school superintendent.
  509         9. A district school board member.
  510         10. A member of the Florida House of Representatives.
  511         11. A member of the Florida Senate.
  512         12. A parent of a high school student.
  513         13. A member of a home education association.
  514         14. A representative of the business community.
  515         15. A representative of the news media.
  516         (b) No member of the board of directors, committee on
  517  appeals, or representative assembly is eligible to serve on the
  518  public liaison advisory committee.
  519         (c)The public liaison advisory committee shall elect a
  520  chairperson and vice chairperson from among its members.
  521         (d) The authority and duties of the public liaison advisory
  522  committee are as follows:
  523         1. To act as a conduit through which the general public may
  524  have input into the decisionmaking process of the FHSAA and to
  525  assist the FHSAA in the development of procedures regarding the
  526  receipt of public input and disposition of complaints related to
  527  high school athletic and competition programs.
  528         2. To conduct public hearings annually in each of the four
  529  administrative regions during which interested parties may
  530  address issues regarding the effectiveness of the rules,
  531  operation, and management of the FHSAA.
  532         3. To conduct an annual evaluation of the FHSAA as a whole
  533  and present a report of its findings, conclusion, and
  534  recommendations to the board of directors, to the commissioner,
  535  and to the respective education committees of the Florida Senate
  536  and the Florida House of Representatives. The recommendations
  537  must delineate policies and procedures that will improve the
  538  implementation and oversight of high school athletic programs by
  539  the FHSAA.
  540         (e) The public liaison advisory committee shall meet four
  541  times annually. Additional meetings may be called by the
  542  committee chairperson, the FHSAA president, or the FHSAA
  543  executive director.
  544         (8)(7) APPEALS.—
  545         (a) Each approved athletic association the FHSAA shall
  546  establish a procedure of due process which ensures each student
  547  the opportunity to appeal an unfavorable ruling with regard to
  548  his or her eligibility to compete. The initial appeal shall be
  549  made to a committee on appeals within the administrative region
  550  in which the student lives. The approved athletic association’s
  551  FHSAA’s bylaws shall establish the number, size, and composition
  552  of each committee on appeals.
  553         (b) No member of the board of directors is eligible to
  554  serve on a committee on appeals.
  555         (c) Members of a committee on appeals shall serve terms of
  556  3 years and are eligible to succeed themselves only once. A
  557  member of a committee on appeals may serve a maximum of 6
  558  consecutive years. The approved athletic association’s FHSAA’s
  559  bylaws shall establish a rotation of terms to ensure that a
  560  majority of the members’ terms do not expire concurrently.
  561         (d) The authority and duties of a committee on appeals
  562  shall be to consider requests by member schools seeking
  563  exceptions to bylaws and regulations, to hear undue hardship
  564  eligibility cases filed by member schools on behalf of student
  565  athletes, and to hear appeals filed by member schools or student
  566  athletes.
  567         (e) A student athlete or member school that receives an
  568  unfavorable ruling from a committee on appeals shall be entitled
  569  to appeal that decision to the board of directors at its next
  570  regularly scheduled meeting or called meeting. The board of
  571  directors shall have the authority to uphold, reverse, or amend
  572  the decision of the committee on appeals. In all such cases, the
  573  decision of the board of directors shall be final.
  574         (f) The approved athletic association FHSAA shall expedite
  575  the appeals process on determinations of ineligibility so that
  576  disposition of the appeal can be made before the end of the
  577  applicable sports season, if possible.
  578         (g) In any appeal from a decision on eligibility made by
  579  the executive director or a designee, a school or student
  580  athlete filing the appeal must be permitted to present
  581  information and evidence that was not available at the time of
  582  the initial determination or if the determination was not made
  583  by an unbiased, objective individual using a process allowing
  584  full due process rights to be heard and to present evidence. If
  585  evidence is presented on appeal, a de novo decision must be made
  586  by the committee or board hearing the appeal, or the
  587  determination may be suspended and the matter remanded for a new
  588  determination based on all the evidence. If a de novo decision
  589  is made on appeal, the decision must be made in writing, setting
  590  forth the findings of fact and specific violation upon which the
  591  decision is based. If a de novo decision is not required, the
  592  decision appealed must be set aside if the decision on
  593  ineligibility was not based on clear and convincing evidence.
  594  Any further appeal shall be considered on a record that includes
  595  all evidence presented.
  596         (9)(8) AMENDMENT OF FHSAA BYLAWS.—Each member school
  597  representative, the board of directors acting as a whole or as
  598  members acting individually, any advisory committee acting as a
  599  whole to be established by the FHSAA, and the FHSAA’s executive
  600  director are empowered to propose amendments to the bylaws. Any
  601  other individual may propose an amendment by securing the
  602  sponsorship of any of the aforementioned individuals or bodies.
  603  All proposed amendments must be submitted directly to the
  604  representative assembly for its consideration. The
  605  representative assembly, while empowered to adopt, reject, or
  606  revise proposed amendments, may not, in and of itself, as a body
  607  be allowed to propose any amendment for its own consideration.
  608         Section 2.  Present paragraphs (d) through (h) of
  609  subsection (3) of section 1006.15, Florida Statutes, are
  610  redesignated as paragraphs (e) through (i), respectively, a new
  611  paragraph (d) is added to that subsection, subsection (10) is
  612  added to that section, and paragraph (c) and present paragraph
  613  (e) of subsection (3), subsection (8), and paragraph (a) of
  614  subsection (9) are amended, to read:
  615         1006.15 Student standards for participation in
  616  interscholastic and intrascholastic extracurricular student
  617  activities; regulation.—
  618         (3)(c) An individual home education student, private school
  619  student, or virtual school student is eligible to participate at
  620  any the public school in the school district in which the
  621  student resides to which the student would be assigned according
  622  to district school board attendance area policies or which the
  623  student could choose to attend pursuant to s. 1002.31.
  624         (d) An individual home education student, or may develop an
  625  agreement to participate at a private school, in the
  626  interscholastic extracurricular activities of that school. If an
  627  individual home education student wishes to develop such an
  628  agreement with a private school, or participate at a public
  629  school pursuant to paragraph (c), the following conditions must
  630  be met provided the following conditions are met:
  631         1. The home education student must meet the requirements of
  632  the home education program pursuant to s. 1002.41.
  633         2. During the period of participation at a school, the home
  634  education student must demonstrate educational progress as
  635  required in paragraph (b) in all subjects taken in the home
  636  education program by a method of evaluation agreed upon by the
  637  parent and the school principal which may include: review of the
  638  student’s work by a certified teacher chosen by the parent;
  639  grades earned through correspondence; grades earned in courses
  640  taken at a Florida College System institution, university, or
  641  trade school; standardized test scores above the 35th
  642  percentile; or any other method designated in s. 1002.41.
  643         3. The home education student must meet the same residency
  644  requirements as other students in the school at which he or she
  645  participates.
  646         4. The home education student must meet the same standards
  647  of acceptance, behavior, and performance as required of other
  648  students in extracurricular activities.
  649         5. The student must register with the school his or her
  650  intent to participate in interscholastic extracurricular
  651  activities as a representative of the school before
  652  participation. A home education student must be able to
  653  participate in curricular activities if that is a requirement
  654  for an extracurricular activity.
  655         6. A student who transfers from a home education program to
  656  a public school before or during the first grading period of the
  657  school year is academically eligible to participate in
  658  interscholastic extracurricular activities during the first
  659  grading period provided the student has a successful evaluation
  660  from the previous school year, pursuant to subparagraph 2.
  661         7. Any public school or private school student who has been
  662  unable to maintain academic eligibility for participation in
  663  interscholastic extracurricular activities is ineligible to
  664  participate in such activities as a home education student until
  665  the student has successfully completed one grading period in
  666  home education pursuant to subparagraph 2. to become eligible to
  667  participate as a home education student.
  668         8. The roster for the specific interscholastic activity in
  669  which the home education student would like to participate has
  670  not reached the activity’s identified maximum size, and the
  671  coach or sponsor for the activity determines that the home
  672  education student has the requisite skill and ability to
  673  participate.
  674         (f)(e) A student of the Florida Virtual School full-time
  675  program may participate in any interscholastic extracurricular
  676  activity at any the public school in the school district in
  677  which the student resides to which the student would be assigned
  678  according to district school board attendance area policies or
  679  which the student could choose to attend pursuant to s. 1002.31
  680  if the student:
  681         1. During the period of participation in the
  682  interscholastic extracurricular activity, the student meets the
  683  requirements in paragraph (a).
  684         2. The student meets any additional requirements as
  685  determined by the board of trustees of the Florida Virtual
  686  School.
  687         3. The student meets the same residency requirements as
  688  other students in the school at which he or she participates.
  689         4. The student meets the same standards of acceptance,
  690  behavior, and performance that are required of other students in
  691  extracurricular activities.
  692         5. The student registers his or her intent to participate
  693  in interscholastic extracurricular activities with the school
  694  before participation. A Florida Virtual school student must be
  695  able to participate in curricular activities if that is a
  696  requirement for an extracurricular activity.
  697         6. The roster for the specific interscholastic activity in
  698  which the student would like to participate has not reached the
  699  activity’s identified maximum size, and the coach or sponsor for
  700  the activity determines that the student has the requisite skill
  701  and ability to participate.
  702         (8)(a) Each approved athletic association under s. 1006.20
  703  the Florida High School Athletic Association (FHSAA), in
  704  cooperation with each district school board and member private
  705  school, shall facilitate a program in which a middle school or
  706  high school student who attends a private school shall be
  707  eligible to participate in an interscholastic or intrascholastic
  708  sport at a member public high school, a member public middle
  709  school, or a member 6-12 public school, or a member private
  710  school, as appropriate for the private school student’s grade
  711  level to which the student would be assigned according to
  712  district school board attendance area policies and procedures or
  713  which the student could choose to attend pursuant to s. 1002.31,
  714  provided the public school has not reached capacity as
  715  determined by the district school board, if:
  716         1. The private school in which the student is enrolled is
  717  not a member of the association FHSAA.
  718         2. The private school student meets the guidelines for the
  719  conduct of the program established by the association’s FHSAA’s
  720  board of directors and the district school board or member
  721  private school. At a minimum, such guidelines shall provide:
  722         a. a deadline for each sport by which the private school
  723  student’s parents must register with the member public school in
  724  writing their intent for their child to participate at that
  725  school in the sport.
  726         3. The roster for the specific interscholastic or
  727  intrascholastic sport in which the private school student would
  728  like to participate has not reached the sport’s identified
  729  maximum size, and the coach for the sport determines that the
  730  private school student has the requisite skill and ability to
  731  participate.
  732         b. Requirements for a private school student to
  733  participate, including, but not limited to, meeting the same
  734  standards of eligibility, acceptance, behavior, educational
  735  progress, and performance which apply to other students
  736  participating in interscholastic or intrascholastic sports at a
  737  public school or FHSAA member private school.
  738         (b) The parents of a private school student participating
  739  in a member public school sport under this subsection are
  740  responsible for transporting their child to and from the member
  741  public school at which the student participates. The private
  742  school the student attends, the member public school at which
  743  the student participates in a sport, the district school board,
  744  and the association FHSAA are exempt from civil liability
  745  arising from any injury that occurs to the student during such
  746  transportation.
  747         (c) For each academic year, a private school student may
  748  only participate at the member public school in which the
  749  student is first registered under subparagraph (a)2. sub
  750  subparagraph (a)2.a. or makes himself or herself a candidate for
  751  an athletic team by engaging in a practice.
  752         (d) The athletic director of each participating association
  753  FHSAA member public school shall maintain the student records
  754  necessary for eligibility, compliance, and participation in the
  755  program.
  756         (e) Any nonmember non-FHSAA member private school that has
  757  a student who wishes to participate in this program must make
  758  all student records, including, but not limited to, academic,
  759  financial, disciplinary, and attendance records, available upon
  760  request of the association FHSAA.
  761         (f) A student must apply to participate in this program
  762  through the association’s FHSAA program application process.
  763         (g) Only students who are enrolled in non-FHSAA member
  764  private schools consisting of 125 students or fewer are eligible
  765  to participate in the program in any given academic year.
  766         (9)(a) A student who transfers to a school during the
  767  school year may seek to immediately join an existing team if the
  768  roster for the specific interscholastic or intrascholastic
  769  extracurricular activity has not reached the activity’s
  770  identified maximum size and if the coach for the activity
  771  determines that the student has the requisite skill and ability
  772  to participate. The approved athletic association under s.
  773  1006.20 FHSAA and school district or charter school may not
  774  declare such a student ineligible because the student did not
  775  have the opportunity to comply with qualifying requirements.
  776         (10) A student who is participating in an interscholastic
  777  or intrascholastic activity at a public school and who transfers
  778  from the school during the school year must be permitted to
  779  continue to participate in the activity at the school from which
  780  he or she transferred for the remainder of the school year if:
  781         (a) During the period of participation in the activity, the
  782  student continues to meet the requirements in paragraph (3)(a).
  783         (b) The student continues to meet the same standards of
  784  acceptance, behavior, and performance required of other students
  785  participating in the activity, except for enrollment
  786  requirements at the school at which the student participates.
  787         (c) The parents of the student participating in the
  788  activity provide for the transportation of the student to and
  789  from the school at which the student participates. The school
  790  the student attends, the school at which the student
  791  participates in the activity, and the district school board are
  792  exempt from civil liability arising from any injury that occurs
  793  to the student during such transportation.
  794         Section 3. Section 1006.185, Florida Statutes, is created
  795  to read:
  796         1006.185 Opening remarks at high school athletic contests.
  797  Each approved athletic association under s. 1006.20 whose
  798  membership includes public schools shall adopt bylaws, policies,
  799  or procedures that provide each school participating in a high
  800  school championship contest, or series of contests, under the
  801  direction and supervision of the association, the opportunity to
  802  make brief opening remarks, if requested by the school, using
  803  the public address system at the event. Such remarks may not be
  804  longer than 2 minutes per school. The athletic association may
  805  not control, monitor, or review the content of the opening
  806  remarks and may not control the school’s choice of speaker.
  807  Before the opening remarks, an announcement must be made that
  808  the content of any opening remarks by a participating school are
  809  not endorsed by and do not reflect the views and opinions of the
  810  athletic association. The decision to allow opening remarks
  811  before regular season contests is at the discretion of each
  812  school.
  813         Section 4. Subsection (3) of section 768.135, Florida
  814  Statutes, is amended to read:
  815         768.135 Volunteer team physicians; immunity.—
  816         (3) A practitioner licensed under chapter 458, chapter 459,
  817  chapter 460, or s. 464.012 or registered under s. 464.0123 who
  818  gratuitously and in good faith conducts an evaluation pursuant
  819  to s. 1006.20(3)(c) s. 1006.20(2)(c) is not liable for any civil
  820  damages arising from that evaluation unless the evaluation was
  821  conducted in a wrongful manner.
  822         Section 5. Subsection (17) of section 1002.20, Florida
  823  Statutes, is amended to read:
  824         1002.20 K-12 student and parent rights.—Parents of public
  825  school students must receive accurate and timely information
  826  regarding their child’s academic progress and must be informed
  827  of ways they can help their child to succeed in school. K-12
  828  students and their parents are afforded numerous statutory
  829  rights including, but not limited to, the following:
  830         (17) ATHLETICS; PUBLIC HIGH SCHOOL.—
  831         (a) Eligibility.—Eligibility requirements for all students
  832  participating in high school athletic competition must allow a
  833  student to be immediately eligible in the school in which he or
  834  she first enrolls each school year, the school in which the
  835  student makes himself or herself a candidate for an athletic
  836  team by engaging in practice before enrolling, or the school to
  837  which the student has transferred, in accordance with s.
  838  1006.20(3)(a) s. 1006.20(2)(a).
  839         (b) Medical evaluation.—Students must satisfactorily pass a
  840  medical evaluation each year before participating in athletics,
  841  unless the parent objects in writing based on religious tenets
  842  or practices, in accordance with s. 1006.20(3)(d) the provisions
  843  of s. 1006.20(2)(d).
  844         Section 6. Subsection (8) of section 1002.42, Florida
  845  Statutes, is amended to read:
  846         1002.42 Private schools.—
  847         (8) ATHLETIC COMPETITION.—A private school may participate
  848  in athletic competition with a public high school in accordance
  849  with s. 1006.20(2) the provisions of s. 1006.20(1).
  850         Section 7. Paragraph (a) of subsection (1) and paragraph
  851  (a) of subsection (2) of section 1006.165, Florida Statutes, are
  852  amended to read:
  853         1006.165 Well-being of students participating in
  854  extracurricular activities; training.—
  855         (1)(a) Each public school that is a member of any approved
  856  athletic association under s. 1006.20 the Florida High School
  857  Athletic Association (FHSAA) must have an operational automated
  858  external defibrillator on the school grounds. The defibrillator
  859  must be available in a clearly marked and publicized location
  860  for each athletic contest, practice, workout, or conditioning
  861  session, including those conducted outside of the school year.
  862  Public and private partnerships are encouraged to cover the cost
  863  associated with the purchase and placement of the defibrillator
  864  and training in the use of the defibrillator.
  865         (2)(a) In order to better protect student athletes
  866  participating in athletics during hot weather and avoid
  867  preventable injury or death, each approved athletic association
  868  under s. 1006.20 the FHSAA shall:
  869         1. Make training and resources available to each member
  870  school for the effective monitoring of heat stress.
  871         2. Establish guidelines for monitoring heat stress and
  872  identify heat stress levels at which a school must make a
  873  cooling zone available for each outdoor athletic contest,
  874  practice, workout, or conditioning session. Heat stress must be
  875  determined by measuring the ambient temperature, humidity, wind
  876  speed, sun angle, and cloud cover at the site of the athletic
  877  activity.
  878         3. Require member schools to monitor heat stress and modify
  879  athletic activities, including suspending or moving activities,
  880  based on the heat stress guidelines.
  881         4. Establish hydration guidelines, including appropriate
  882  introduction of electrolytes after extended activities or when a
  883  student participates in multiple activities in a day.
  884         5. Establish requirements for cooling zones, including, at
  885  a minimum, the immediate availability of cold-water immersion
  886  tubs or equivalent means to rapidly cool internal body
  887  temperature when a student exhibits symptoms of exertional heat
  888  stroke and the presence of an employee or volunteer trained to
  889  implement cold-water immersion.
  890         6. Require each school’s emergency action plan, as required
  891  by the association FHSAA, to include a procedure for onsite
  892  cooling using cold-water immersion or equivalent means before a
  893  student is transported to a hospital for exertional heat stroke.
  894  
  895  The requirements of this paragraph apply year-round.
  896         Section 8. Section 1006.18, Florida Statutes, is amended to
  897  read:
  898         1006.18 Cheerleader safety standards.—Each approved
  899  athletic association under s. 1006.20 the Florida High School
  900  Athletic Association or successor organization shall adopt
  901  statewide uniform safety standards for student cheerleaders and
  902  spirit groups that participate in any school activity or
  903  extracurricular student activity, if applicable. Such approved
  904  athletic association the Florida High School Athletic
  905  Association or successor organization shall adopt the “Official
  906  High School Spirit Rules,” published by the National Federation
  907  of State High School Associations, as the statewide uniform
  908  safety standards.
  909         Section 9. Paragraphs (a) and (b) of subsection (1) and
  910  subsection (2) of section 1006.195, Florida Statutes, are
  911  amended to read:
  912         1006.195 District school board, charter school authority
  913  and responsibility to establish student eligibility regarding
  914  participation in interscholastic and intrascholastic
  915  extracurricular activities.—Notwithstanding any provision to the
  916  contrary in ss. 1006.15, 1006.18, and 1006.20, regarding student
  917  eligibility to participate in interscholastic and
  918  intrascholastic extracurricular activities:
  919         (1)(a) A district school board must establish, through its
  920  code of student conduct, student eligibility standards and
  921  related student disciplinary actions regarding student
  922  participation in interscholastic and intrascholastic
  923  extracurricular activities. The code of student conduct must
  924  provide that:
  925         1. A student not currently suspended from interscholastic
  926  or intrascholastic extracurricular activities, or suspended or
  927  expelled from school, pursuant to a district school board’s
  928  suspension or expulsion powers provided in law, including ss.
  929  1006.07, 1006.08, and 1006.09, is eligible to participate in
  930  interscholastic and intrascholastic extracurricular activities.
  931         2. A student may not participate in a sport if the student
  932  participated in that same sport at another school during that
  933  school year, unless the student meets the criteria in s.
  934  1006.15(3)(h).
  935         3. A student’s eligibility to participate in any
  936  interscholastic or intrascholastic extracurricular activity may
  937  not be affected by any alleged recruiting violation until final
  938  disposition of the allegation pursuant to s. 1006.20(3)(b) s.
  939  1006.20(2)(b).
  940         (b)  Students who participate in interscholastic and
  941  intrascholastic extracurricular activities for, but are not
  942  enrolled in, a public school pursuant to s. 1006.15(3)(c)-(f)
  943  and (8) s. 1006.15(3)(c)-(e) and (8), are subject to the
  944  district school board’s code of student conduct for the limited
  945  purpose of establishing and maintaining the student’s
  946  eligibility to participate at the school.
  947         (2)(a) Each approved athletic association the Florida High
  948  School Athletic Association (FHSAA) continues to retain
  949  jurisdiction over the following provisions in s. 1006.20, which
  950  may not be implemented in a manner contrary to this section:
  951  membership in the association FHSAA; recruiting prohibitions and
  952  violations; student medical evaluations; investigations;
  953  sanctions for coaches; school eligibility and forfeiture of
  954  contests; student concussions or head injuries; the sports
  955  medical advisory committee; and the general operational
  956  provisions of the association FHSAA.
  957         (b) Each approved athletic association under s. 1006.20 the
  958  FHSAA must adopt, and prominently publish, the text of this
  959  section on its website and in its bylaws, rules, procedures,
  960  training and education materials, and all other governing
  961  authority documents by August 1, 2016.
  962         Section 10. Paragraph (g) of subsection (2) of section
  963  1012.468, Florida Statutes, is amended to read:
  964         1012.468 Exceptions to certain fingerprinting and criminal
  965  history checks.—
  966         (2) A district school board shall exempt from the screening
  967  requirements set forth in ss. 1012.465 and 1012.467 the
  968  following noninstructional contractors:
  969         (g) An investigator for any approved athletic association
  970  the Florida High School Athletic Association (FHSAA) who meets
  971  the requirements under s. 1006.20(3)(e) s. 1006.20(2)(e).
  972         Section 11. Paragraph (o) of subsection (1) of section
  973  1012.795, Florida Statutes, is amended to read:
  974         1012.795 Education Practices Commission; authority to
  975  discipline.—
  976         (1) The Education Practices Commission may suspend the
  977  educator certificate of any instructional personnel or school
  978  administrator, as defined in s. 1012.01(2) or (3), for up to 5
  979  years, thereby denying that person the right to teach or
  980  otherwise be employed by a district school board or public
  981  school in any capacity requiring direct contact with students
  982  for that period of time, after which the person may return to
  983  teaching as provided in subsection (4); may revoke the educator
  984  certificate of any person, thereby denying that person the right
  985  to teach or otherwise be employed by a district school board or
  986  public school in any capacity requiring direct contact with
  987  students for up to 10 years, with reinstatement subject to
  988  subsection (4); may permanently revoke the educator certificate
  989  of any person thereby denying that person the right to teach or
  990  otherwise be employed by a district school board or public
  991  school in any capacity requiring direct contact with students;
  992  may suspend a person’s educator certificate, upon an order of
  993  the court or notice by the Department of Revenue relating to the
  994  payment of child support; may direct the department to place a
  995  certificateholder employed by a public school, charter school,
  996  charter school governing board, or private school that
  997  participates in a state scholarship program under chapter 1002
  998  on the disqualification list maintained by the department
  999  pursuant to s. 1001.10(4)(b) for misconduct that would render
 1000  the person ineligible pursuant to s. 1012.315 or sexual
 1001  misconduct with a student; or may impose any other penalty
 1002  provided by law, if the person:
 1003         (o) Has committed a third recruiting offense as determined
 1004  by an approved athletic association the Florida High School
 1005  Athletic Association (FHSAA) pursuant to s. 1006.20(3)(b) s.
 1006  1006.20(2)(b).
 1007         Section 12. Subsections (3) and (7) of section 1012.796,
 1008  Florida Statutes, are amended to read:
 1009         1012.796 Complaints against teachers and administrators;
 1010  procedure; penalties.—
 1011         (3) The department staff shall advise the commissioner
 1012  concerning the findings of the investigation and of all
 1013  referrals by an approved athletic association the Florida High
 1014  School Athletic Association (FHSAA) pursuant to ss.
 1015  1006.20(3)(b) ss. 1006.20(2)(b) and 1012.795. The department
 1016  general counsel or members of that staff shall review the
 1017  investigation or the referral and advise the commissioner
 1018  concerning probable cause or lack thereof. The determination of
 1019  probable cause shall be made by the commissioner. The
 1020  commissioner shall provide an opportunity for a conference, if
 1021  requested, before prior to determining probable cause. The
 1022  commissioner may enter into deferred prosecution agreements in
 1023  lieu of finding probable cause if, in his or her judgment, such
 1024  agreements are in the best interests of the department, the
 1025  certificateholder, and the public. Such deferred prosecution
 1026  agreements shall become effective when filed with the clerk of
 1027  the Education Practices Commission. However, a deferred
 1028  prosecution agreement may not be entered into if there is
 1029  probable cause to believe that a felony or an act of moral
 1030  turpitude, as defined by rule of the State Board of Education,
 1031  has occurred, or for referrals by any approved athletic
 1032  association the FHSAA. Upon finding no probable cause, the
 1033  commissioner shall dismiss the complaint and may issue a letter
 1034  of guidance to the certificateholder.
 1035         (7) A panel of the commission shall enter a final order
 1036  either dismissing the complaint or imposing one or more of the
 1037  following penalties:
 1038         (a) Denial of an application for a certificate or for an
 1039  administrative or supervisory endorsement on a teaching
 1040  certificate. The denial may provide that the applicant may not
 1041  reapply for certification, and that the department may refuse to
 1042  consider that applicant’s application, for a specified period of
 1043  time or permanently.
 1044         (b) Revocation or suspension of a certificate.
 1045         (c) Imposition of an administrative fine not to exceed
 1046  $2,000 for each count or separate offense.
 1047         (d) Placement of the teacher, administrator, or supervisor
 1048  on probation for a period of time and subject to such conditions
 1049  as the commission may specify, including requiring the certified
 1050  teacher, administrator, or supervisor to complete additional
 1051  appropriate college courses or work with another certified
 1052  educator, with the administrative costs of monitoring the
 1053  probation assessed to the educator placed on probation. An
 1054  educator who has been placed on probation shall, at a minimum:
 1055         1. Immediately notify the investigative office in the
 1056  Department of Education upon employment or separation from
 1057  employment in any public or private position requiring a Florida
 1058  educator’s certificate.
 1059         2. Have his or her immediate supervisor submit annual
 1060  performance reports to the investigative office in the
 1061  Department of Education.
 1062         3. Pay to the commission within the first 6 months of each
 1063  probation year the administrative costs of monitoring probation
 1064  assessed to the educator.
 1065         4. Violate no law and fully comply with all district school
 1066  board policies, school rules, and State Board of Education
 1067  rules.
 1068         5. Satisfactorily perform his or her assigned duties in a
 1069  competent, professional manner.
 1070         6. Bear all costs of complying with the terms of a final
 1071  order entered by the commission.
 1072         (e) Restriction of the authorized scope of practice of the
 1073  teacher, administrator, or supervisor.
 1074         (f) Reprimand of the teacher, administrator, or supervisor
 1075  in writing, with a copy to be placed in the certification file
 1076  of such person.
 1077         (g) Imposition of an administrative sanction, upon a person
 1078  whose teaching certificate has expired, for an act or acts
 1079  committed while that person possessed a teaching certificate or
 1080  an expired certificate subject to late renewal, which sanction
 1081  bars that person from applying for a new certificate for a
 1082  period of 10 years or less, or permanently.
 1083         (h) Refer the teacher, administrator, or supervisor to the
 1084  recovery network program provided in s. 1012.798 under such
 1085  terms and conditions as the commission may specify.
 1086         (i) Direct the department to place instructional personnel
 1087  or school administrators on the disqualification list maintained
 1088  by the department pursuant to s. 1001.10(4)(b) for conduct that
 1089  would render the person ineligible pursuant to s. 1012.315 or
 1090  sexual misconduct with a student.
 1091  
 1092  The penalties imposed under this subsection are in addition to,
 1093  and not in lieu of, the penalties required for a third
 1094  recruiting offense pursuant to s. 1006.20(3)(b) s.
 1095  1006.20(2)(b).
 1096         Section 13. This act shall take effect July 1, 2023.