(LATE FILED)Amendment
Bill No. 7119
Amendment No. 411517
CHAMBER ACTION
Senate House
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1Representative(s) Arza offered the following:
2
3     Amendment (with title amendment)
4     Remove line(s) 119-267 and insert:
5football, baseball, girls' softball, and weightlifting governed
6by the organization shall be subject to random testing for the
7use of anabolic steroids as defined in s. 893.03(3)(d). All
8schools, both public and private, shall consent to the
9provisions of this subsection as a prerequisite for membership
10in the organization for the duration of the program.
11     (b)  The organization's board of directors shall establish
12procedures for the conduct of the program that, at a minimum,
13shall provide for the following:
14     1.  The organization shall select and enter into a contract
15with a testing agency that will administer the testing program.
16The laboratory utilized by the testing agency to analyze
17specimens shall be accredited by the World Anti-Doping Agency.
18     2.  A maximum of 1 percent of the total students who
19participate in postseason competition in football, baseball,
20girls' softball, and weightlifting shall be randomly selected to
21undergo a test.
22     3.  Each member school shall report to the organization the
23names of students who will represent the school in football,
24baseball, girls' softball, and weightlifting. A student shall
25not be eligible to participate in interscholastic athletics in
26any of these sports in a member school until the student's name
27has been reported to the organization.
28     4.  The organization shall provide to the testing agency
29all names of students that are submitted by its member schools.
30The testing agency shall make its random selections for testing
31from these names.
32     5.  The testing agency shall notify not fewer than 7 days
33in advance both the administration of a school and the
34organization of the date on which its representatives will be
35present at the school to collect a specimen from a randomly
36selected student. However, the name of the student from which a
37specimen is to be collected shall not be disclosed.
38     6.  The finding of a drug test shall be separate from a
39student's educational records and shall be disclosed by the
40testing agency only to the organization, the student, the
41student's parent, the administration of the student's school,
42and the administration of any school to which the student may
43transfer during a suspension from participation in
44interscholastic athletics resulting from a positive finding.
45     (c)  Each student who wishes to participate in football,
46baseball, girls' softball, or weightlifting and his or her
47parent must consent to the provisions of this subsection as a
48prerequisite for athletic eligibility. This consent shall be in
49writing on a form prescribed by the organization and provided to
50the student by his or her school. Failure to complete and sign
51the consent form shall result in the student's ineligibility to
52participate in all interscholastic athletics. The consent form
53shall include the following information:
54     1.  A brief description of the drug testing program.
55     2.  The penalties for a positive finding.
56     3.  The procedure for challenging a positive finding.
57     4.  The procedure for appealing a prescribed penalty.
58     (d)  A student who is selected for testing and fails to
59provide a specimen shall be immediately suspended from
60interscholastic athletic practice and competition until such
61time as a specimen is provided.
62     (e)  If a student tests positive in a test administered
63under this subsection, the administration of the school the
64student attends shall immediately:
65     1.  Suspend the student from participation in all
66interscholastic athletic practice and competition.
67     2.  Notify and schedule a meeting with the student and his
68or her parent during which the principal or his or her designee
69shall review with them the positive finding, the procedure for
70challenging the positive finding, the prescribed penalties, and
71the procedure for appealing the prescribed penalties.
72     (f)  For a positive finding, the student shall be suspended
73from all interscholastic athletic practice and competition for a
74period of 90 school days and shall be subject to a mandatory
75exit test for restoration of eligibility no sooner than the 60th
76school day of the suspension. If the exit test is negative, the
77organization shall restore the eligibility of the student at the
78conclusion of the 90-school-day period of suspension. If the
79exit test is positive, the student shall remain suspended from
80all interscholastic athletic practice and competition until such
81time as a subsequent retest of the student results in a negative
82finding. The student shall be subject to repeated tests for the
83duration of his or her high school athletic eligibility.
84     (g)  In addition to the penalties prescribed in paragraph
85(f), a student who tests positive in a test administered under
86this subsection shall attend and complete an appropriate
87mandatory drug education program conducted by the student's
88school, the student's school district, or a third-party
89organization contracted by the school or school district to
90conduct such an education program.
91     (h)  The following due process shall be afforded each
92student who tests positive in a test administered under this
93subsection:
94     1.  The member school may challenge a positive finding and
95must challenge a positive finding at the request of the student.
96A sample of the original specimen provided by the student and
97retained by the testing agency shall be analyzed. The member
98school or the student's parent shall pay the cost of the
99analysis. If the analysis results in a positive finding, the
100student shall remain ineligible until the prescribed penalty is
101fulfilled. If the analysis results in a negative finding, the
102organization shall immediately restore the eligibility of the
103student and shall refund to the member school or student's
104parent the cost of the analysis. The student shall remain
105suspended from interscholastic athletic practice and competition
106during the challenge.
107     2.a.  A member school may appeal to the organization's
108commissioner the period of ineligibility imposed on a student as
109a result of a positive finding and must appeal at the request of
110the student. The commissioner may require the student to
111complete the prescribed penalty, reduce the prescribed penalty
112by one-half, or provide complete relief from the prescribed
113penalty. Regardless of the decision of the commissioner, the
114student shall remain ineligible until the student tests negative
115on the mandatory exit test and the student's eligibility is
116restored by the organization.
117     b.  Should the school or student be dissatisfied with the
118decision of the commissioner, the school may pursue the appeal
119before the organization's board of directors and must do so at
120the request of the student. The board of directors may require
121the student to complete the prescribed penalty, reduce the
122prescribed penalty by one-half, or provide complete relief from
123the prescribed penalty. Regardless of the decision of the board
124of directors, the student shall remain ineligible until the
125student tests negative on the mandatory exit test and the
126student's eligibility is restored by the organization. The
127decision of the board of directors on each appeal shall be
128final.
129     c.  Technical experts may serve as consultants to both the
130organization's commissioner and its board of directors in
131connection with such appeals.
132     (i)  No later than October 1, 2007, the organization shall
133submit to the President of the Senate and the Speaker of the
134House of Representatives a report on the results of the program.
135The report shall include statistics on the number of students
136tested; the number of violations; the number of challenges and
137their results; the number of appeals and their dispositions; and
138the costs incurred by the organization in the administration of
139the program, including attorney's fees and other expenses of
140litigation.
141     (j)  The organization, members of its board of directors,
142and its employees and member schools and their employees are
143exempt from civil liability arising from any act or omission in
144connection with the program conducted under this subsection. The
145Department of Legal Affairs shall defend the organization,
146members of its board of directors, and its employees and member
147schools and their employees in any action against such parties
148arising from any such act or omission. In providing such
149defense, the Department of Legal Affairs may employ or utilize
150the legal services of outside counsel.
151     (k)  The program shall be conducted to the extent funded by
152the Legislature. In order to conduct the program within
153appropriated funds, the organization is authorized to implement
154the program in only one, two, or three of the named sports. All
155expenses
156
157======= T I T L E  A M E N D M E N T =======
158     Remove line(s) 20 and insert:
159postseason competition in football, baseball, girls' softball,
160and


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