CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
571-135X-09 Bill No. CS for SB 786
Amendment No. (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Andrews offered the following:
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13 Amendment (with title amendment)
14 remove from the bill: Everything after the enacting clause
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16 and insert in lieu thereof:
17 Section 1. A nonprofit organization shall operate,
18 govern, and oversee high school athletic programs in the
19 public school system. The organization is not to be a state
20 agency as defined in section 120.52, Florida Statutes. A
21 nonpublic school that wishes to engage in high school athletic
22 competition with a public high school may become a member of
23 the organization. The bylaws of the organization are to be the
24 rules by which high school athletic programs in its member
25 schools, and the students who participate in them, are
26 governed, unless otherwise specifically prohibited by statute.
27 Section 2. The organization shall adopt by laws that,
28 unless specifically prohibited by statute, establish
29 eligibility requirements for all students who participate in
30 high school athletic competition in its member schools. The
31 bylaws governing residence and transfer must allow each public
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HOUSE AMENDMENT
571-135X-09 Bill No. CS for SB 786
Amendment No. (for drafter's use only)
1 student to be eligible at the school to which he or she is
2 assigned by the public school district. The organization shall
3 establish similar and equitable rules for students
4 transferring from a public school or nonpublic school to a
5 nonpublic school or from a nonpublic school to a public
6 school. Subsequent eligibility shall be determined and
7 enforced through the organization's bylaws. Where the student
8 lives, with whom the student lives, or which school the
9 student attended the previous year shall not be a factor in
10 determining eligibility. The organization shall also adopt
11 bylaws that specifically prohibiting the recruiting of
12 students for athletic purposes. The bylaws shall prescribe
13 penalties and an appeals process for athletic recruiting
14 violations.
15 Section 3. The governing structure of the organization
16 is as follows:
17 (1) The organization shall operate as a representative
18 democracy in which the sovereign authority is within its
19 member schools. Except as provided in this act, the
20 organization shall govern its affairs through its bylaws.
21 (2) Each member school, on its annual application for
22 membership, shall name its official representative to the
23 organization. This representative must be either the principal
24 or his or her designee. That designee must either be an
25 assistant principal or athletic director housed within that
26 same school.
27 (3) The organization's membership shall be divided
28 along existing county lines into four contiguous and compact
29 administrative regions, each containing an equal or nearly
30 equal number of member schools to ensure equitable
31 representation on the organization's board of directors,
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HOUSE AMENDMENT
571-135X-09 Bill No. CS for SB 786
Amendment No. (for drafter's use only)
1 representative assembly, and committee on appeals.
2 Section 4. (1) The executive authority of the
3 organization shall be vested in its board of directors. The
4 board of directors shall be composed of 15 persons, as
5 follows:
6 (a) Four public member school representatives, one
7 elected from among its public school representative members
8 within each of the four administrative regions.
9 (b) Four nonpublic member school representatives, one
10 elected from among its nonpublic school representative members
11 within each of the four administrative regions.
12 (c) Two representatives appointed by the Commissioner
13 of Education, one appointed from the two northernmost
14 administrative regions and one appointed from the two
15 southernmost administrative regions.
16 (d) Two district school superintendents, one elected
17 from the two northernmost administrative regions by the
18 members in those regions and one elected from the two
19 southernmost administrative regions by the members in those
20 regions.
21 (e) Two district school board members, one elected
22 from the two northernmost administrative regions by the
23 members in those regions and one elected from the two
24 southernmost administrative regions by the members in those
25 regions.
26 (f) The Commissioner of Education or his or her
27 designee from the Department of Education executive staff.
28 (2) A quorum of the board of directors shall consist
29 of nine members.
30 (3) The board of directors shall elect a president and
31 a vice president from among its members. These officers shall
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HOUSE AMENDMENT
571-135X-09 Bill No. CS for SB 786
Amendment No. (for drafter's use only)
1 also serve as officers of the organization.
2 (4) Members of the board of directors shall serve
3 terms of 3 years, and shall be eligible to succeed themselves
4 only once. A member of the board of directors, other than the
5 Commissioner of Education or his or her designee, may serve a
6 maximum of 6 consecutive years. The organization's bylaws
7 shall establish a rotation of terms to ensure that a majority
8 of the members' terms do not expire concurrently.
9 (5) The authority and duties of the board of
10 directors, acting as a body and in accordance with the
11 organization's bylaws, are as follows:
12 (a) To act as the incorporated organization's board of
13 directors and to fulfill the obligations of such as required
14 by the organization's charter and articles of incorporation.
15 (b) To establish such guidelines, regulations,
16 policies, and procedures as are authorized by the bylaws.
17 (c) To provide a commissioner for the organization.
18 The commissioner shall have the authority to waive the bylaws
19 of the organization in order to comply with statutory changes.
20 (d) To levy annual dues and other fees and to set the
21 percentage of contest receipts which is to be collected by the
22 organization.
23 (e) To approve the budget of the organization.
24 (f) To organize and conduct statewide interscholastic
25 competitions, which may or may not lead to state
26 championships, and to establish the terms and conditions for
27 these competitions.
28 (g) To act as an administrative board in the
29 interpretation of, and final decision on, all questions and
30 appeals arising from the directing of interscholastic
31 athletics of member schools.
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HOUSE AMENDMENT
571-135X-09 Bill No. CS for SB 786
Amendment No. (for drafter's use only)
1 Section 5. (1) The legislative authority of the
2 organization is vested in its representative assembly.
3 (2) The representative assembly shall be composed of
4 the following:
5 (a) An equal number of member school representatives
6 from each of the four administrative regions.
7 (b) Four district school superintendents, one elected
8 from each of the four administrative regions by the district
9 school superintendents in their respective administrative
10 regions.
11 (c) Four district school board members, one elected
12 from each of the four administrative regions by the district
13 school board members in their respective administrative
14 regions.
15 (d) The Commissioner of Education or his or her
16 designee from the Department of Education executive staff.
17 (3) The organization's bylaws shall establish the
18 number of member school representatives to serve on the
19 representative assembly from each of the four administrative
20 regions and shall establish the method for their selection.
21 (4) No member of the board of directors other than the
22 Commissioner of Education or his or her designee can serve on
23 the representative assembly.
24 (5) The representative assembly shall elect a
25 chairperson and a vice chairperson from among its members.
26 (6) Elected members of the representative assembly
27 shall serve terms of 2 years and are eligible to succeed
28 themselves for two additional terms. An elected member, other
29 than the Commissioner of Education or his or her designee, may
30 serve a maximum fo 6 consecutive years in the representative
31 assembly.
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HOUSE AMENDMENT
571-135X-09 Bill No. CS for SB 786
Amendment No. (for drafter's use only)
1 (7) A quorum of the representative assembly consists
2 of one more than half of its members.
3 (8) The authority of the representative assembly is
4 limited to its sole duty, which is to consider, adopt, or
5 reject any proposed amendments to the organization's bylaws.
6 (9) The representative assembly shall meet as a body
7 annually. A two-thirds majority of the votes cast by members
8 present is required for passage of any proposal.
9 Section 6. (1) The organization shall establish,
10 sustain, fund, and provide staff support to a public liaison
11 advisory committee composed of the following:
12 (a) The Commissioner of Education or his or her
13 designee.
14 (b) A member public school principal.
15 (c) A member nonpublic school principal.
16 (d) A member school principal who is a member of a
17 racial minority.
18 (e) An active athletic director.
19 (f) An active coach, who is employed full time by a
20 member school.
21 (g) A student-athlete.
22 (h) A district school superintendent.
23 (i) A district school board member.
24 (j) A member of the Florida House of Representatives.
25 (k) A member of the Florida Senate.
26 (l) A parent of a high school student.
27 (m) A member of a home education association.
28 (n) A representative of the business community.
29 (o) A representative of the news media.
30 (2) No member of the board of directors, committee on
31 appeals, or representative assembly is eligible to serve on
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HOUSE AMENDMENT
571-135X-09 Bill No. CS for SB 786
Amendment No. (for drafter's use only)
1 the public liaison advisory committee.
2 (3) The public liaison advisory committee shall elect
3 a chairperson and vice chairperson from among its members.
4 (4) The authority and duties of the public liaison
5 advisory committee are as follows:
6 (a) To act as a conduit through which the general
7 public may have input into the decisionmaking process of the
8 organization and to assist the organization in the development
9 of procedures regarding the receipt of public input and
10 disposition of complaints related to high school athletic and
11 competition programs.
12 (b) To conduct public hearings annually in each of the
13 four administrative regions during which interested parties
14 may address issues regarding the effectiveness of the rules,
15 operation, and management of the organization.
16 (c) To conduct an annual evaluation of the
17 organization as a whole and present a report of its findings,
18 conclusion, and recommendations to the board of directors, to
19 the Commissioner of Education, and to the respective education
20 committees of the Florida Senate and the Florida House of
21 Representatives. The recommendations must delineate policies
22 and procedures that will improve the implementation and
23 oversight of high school athletic programs by the
24 organization.
25 (5) The public liaison advisory committee shall meet
26 four times annually. Additional meetings may be called by the
27 committee chairperson, the organization president, or the
28 organization commissioner.
29 Section 7. (1) The organization shall establish a
30 procedure of due process which ensures each student the
31 opportunity to appeal an unfavorable ruling with regard to his
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HOUSE AMENDMENT
571-135X-09 Bill No. CS for SB 786
Amendment No. (for drafter's use only)
1 or her eligibility to compete. The initial appeal shall be
2 made to a committee on appeals within the administrative
3 region in which the student lives. The organization's bylaws
4 shall establish the number, size, and composition of the
5 committee on appeals.
6 (2) No member of the board of directors is eligible to
7 serve on the committee on appeals.
8 (3) Members of the committee on appeals shall serve
9 terms of 3 years and are eligible to succeed themselves only
10 once. A member of the committee on appeals may serve a
11 maximum of 6 consecutive years. The organization's bylaws
12 shall establish a rotation of terms to ensure that a majority
13 of the members' terms do not expire concurrently.
14 (4) The authority and duties of the committee on
15 appeals shall be to consider requests by member schools
16 seeking exceptions to bylaws and regulations, to hear undue
17 hardship eligibility cases filed by member schools on behalf
18 of student-athletes, and to hear appeals filed by member
19 schools.
20 (5) A student athlete or member school that receives
21 an unfavorable ruling from a committee on appeals shall be
22 entitled to appeal that decision to the board of directors at
23 its next regularly scheduled meeting or called meeting. The
24 board of directors shall have the authority to uphold,
25 reverse, or amend the decision of the committee on appeals.
26 In all such cases, the decision of the board of directors
27 shall be final.
28 Section 8. Each member school representative, the
29 board of directors acting as a whole or as members acting
30 individually, any advisory committee acting as a whole to be
31 established by the organization, and the organization's
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HOUSE AMENDMENT
571-135X-09 Bill No. CS for SB 786
Amendment No. (for drafter's use only)
1 commissioner are empowered to propose amendments to the
2 bylaws. Any other individual may propose an amendment by
3 securing the sponsorship of any of the aforementioned
4 individuals or bodies. All proposed amendments must be
5 submitted directly to the representative assembly for its
6 consideration. The representative assembly, while empowered to
7 adopt, reject, or revise proposed amendments, may not, in and
8 of itself, as a body be allowed to propose any amendment for
9 its own consideration.
10 Section 9. This act shall take effect upon becoming a
11 law.
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14 ================ T I T L E A M E N D M E N T ===============
15 And the title is amended as follows:
16 remove from the title of the bill: the entire title
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18 and insert in lieu thereof:
19 A bill to be entitled
20 An act relating to high school athletics;
21 directing the public schools to operate a
22 nonprofit organization to govern high school
23 athletic programs; requiring bylaws
24 establishing eligibility for student
25 participation in athletic competition;
26 providing for the structure, duties, and
27 responsibilities of the organization; requiring
28 a due process procedure; providing an effective
29 date.
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File original & 9 copies 03/17/97
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