HB 1005

A bill to be entitled
2An act relating to public records and public meetings
3exemptions; amending s. 1006.20, F.S.; exempting from
4public records requirements the finding of a drug test
5administered to a student by a testing agency with which
6the Florida High School Athletic Association has
7contracted; exempting from public meetings requirements a
8meeting at which a challenge or an appeal is made;
9providing for future review and repeal; providing a
10statement of public necessity; providing a contingent
11effective date.
13Be It Enacted by the Legislature of the State of Florida:
15     Section 1.  Paragraphs (b) and (h) of subsection (10) of
16section 1006.20, Florida Statutes, as created by HB 1003, 2006
17Regular Session, are amended to read:
18     1006.20  Athletics in public K-12 schools.--
20     (b)  The organization's board of directors shall establish
21procedures for the conduct of the program that, at a minimum,
22shall provide for the following:
23     1.  The organization shall select and enter into a contract
24with a testing agency that will administer the testing program.
25The laboratory utilized by the testing agency to analyze
26specimens shall be accredited by the World Anti-Doping Agency.
27     2.  A minimum of 1 percent of the total students who
28participate in each interscholastic sport, based on
29participation numbers reported to the organization during the
30preceding academic year, shall be randomly selected to undergo a
31test in each year of the program.
32     3.  Each member school shall report to the organization
33each year the names of students who will represent the school in
34interscholastic athletics during that year. A student shall not
35be eligible to participate in interscholastic athletics in a
36member school until the student's name has been reported to the
37organization by the school in the year in which such
38participation is to occur.
39     4.  Each year, the organization shall provide to the
40testing agency all names of students that are submitted by its
41member schools. The testing agency shall make its random
42selections for testing from these names.
43     5.  The testing agency shall notify not fewer than 7 days
44in advance both the administration of a school and the
45organization of the date on which its representatives will be
46present at the school to collect a specimen from a randomly
47selected student. However, the name of the student from which a
48specimen is to be collected shall not be disclosed.
49     6.  The finding of a drug test shall be separate from a
50student's educational records and shall be disclosed by the
51testing agency only to the organization, the student, the
52student's parent, the administration of the student's school,
53and the administration of any school to which the student may
54transfer during a suspension from participation in
55interscholastic athletics resulting from a positive finding. The
56finding of each drug test held by a school or the organization
57is confidential and exempt from s. 119.07(1) and s. 24(a), Art.
58I of the State Constitution. This subparagraph is subject to the
59Open Government Sunset Review Act in accordance with s. 119.15
60and shall stand repealed on October 2, 2011, unless reviewed and
61saved from repeal through reenactment by the Legislature.
62     (h)  The following due process shall be afforded each
63student who tests positive in a test administered under this
65     1.  The member school may challenge a positive finding and
66must challenge a positive finding at the request of the student.
67A sample of the original specimen provided by the student and
68retained by the testing agency shall be analyzed. The member
69school or the student's parent shall pay the cost of the
70analysis. If the analysis results in a positive finding, the
71student shall remain ineligible until the prescribed penalty is
72fulfilled. If the analysis results in a negative finding, the
73organization shall immediately restore the eligibility of the
74student and shall refund to the member school or student's
75parent the cost of the analysis. The student shall remain
76suspended from interscholastic athletic practice and competition
77during the challenge.
78     2.a.  A member school may appeal to the organization's
79commissioner the period of ineligibility imposed on a student as
80a result of a positive finding and must appeal at the request of
81the student. The commissioner may require the student to
82complete the prescribed penalty, reduce the prescribed penalty
83by one-half, or provide complete relief from the prescribed
84penalty. Regardless of the decision of the commissioner, the
85student shall remain ineligible until the student tests negative
86on the mandatory exit test and the student's eligibility is
87restored by the organization.
88     b.  Should the school or student be dissatisfied with the
89decision of the commissioner, the school may pursue the appeal
90before the organization's board of directors and must do so at
91the request of the student. The board of directors may require
92the student to complete the prescribed penalty, reduce the
93prescribed penalty by one-half, or provide complete relief from
94the prescribed penalty. Regardless of the decision of the board
95of directors, the student shall remain ineligible until the
96student tests negative on the mandatory exit test and the
97student's eligibility is restored by the organization. The
98decision of the board of directors on each appeal shall be
100     c.  Technical experts may serve as consultants to both the
101organization's commissioner and its board of directors in
102connection with such appeals.
103     3.  The challenge and appeal procedures described in this
104paragraph are exempt from s. 286.011 and s. 24(b), Art. I of the
105State Constitution. This subparagraph is subject to the Open
106Government Sunset Review Act in accordance with s. 119.15 and
107shall stand repealed on October 2, 2011, unless reviewed and
108saved from repeal through reenactment by the Legislature.
109     Section 2.  The Legislature finds that it is a public
110necessity that the finding of a drug test administered by a
111testing agency with which the Florida High School Athletic
112Association has contracted that has been disclosed to the
113association or the administration of a school, pursuant to s.
1141006.20(10), Florida Statutes, be made confidential and exempt
115from public records requirements. The Legislature finds that
116harm caused by releasing such information outweighs any public
117benefit that might be derived from releasing the information.
118Such information is of a sensitive and personal nature, could be
119used to discriminate against a student, and could cause harm to
120a student's reputation. The Legislature further finds that it is
121a public necessity that a meeting at which a challenge to a
122positive finding is made or an appeal is made to the Florida
123High School Athletic Association's commissioner or board of
124directors regarding the period of student ineligibility,
125pursuant to s. 1006.20(10), Florida Statutes, be made exempt
126from public meetings requirements. The Legislature finds that
127the exemption of these proceedings from public meetings
128requirements minimizes the possibility of unnecessary scrutiny
129by the public or media of sensitive, personal information
130concerning a student. Furthermore, without such exemption,
131release of confidential and exempt information via a public
132meeting defeats the purpose of the public records exemption.
133     Section 3.  This act shall take effect on the same date
134that HB 1003 or similar legislation takes effect, if such
135legislation is adopted in the same legislative session or an
136extension thereof and becomes law.

CODING: Words stricken are deletions; words underlined are additions.