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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  4                                                                

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10                                                                

11  Representative(s) Andrews offered the following:

12

13         Amendment (with title amendment) 

14  remove from the bill:  Everything after the enacting clause

15

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,

                                  2

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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.

12

13

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

17

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.

30

31

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