HB 7119CS

CHAMBER ACTION



1The Education Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to interscholastic athletics; requiring
7the Florida High School Athletic Association to hold
8certain bylaws in abeyance; providing for creation of a
9task force to review student athlete recruiting issues;
10providing for task force membership and duties; requiring
11recommendations to the Governor and the Legislature;
12requiring the Office of Program Policy Analysis and
13Government Accountability to conduct a review of
14recruiting violations by Florida High School Athletic
15Association member schools; providing an appropriation;
16amending s. 1006.20, F.S.; requiring the Florida High
17School Athletic Association to facilitate a 1-year drug
18testing program to randomly test for anabolic steroid use
19by students in grades 9 through 12 who participate in
20postseason competition in football, baseball, and
21weightlifting in its member schools; requiring schools to
22consent to the provisions of the program as a prerequisite
23for membership in the organization; requiring the
24organization to establish procedures for the conduct of
25the program, including contracting with a testing agency
26to administer the program; providing that the finding of a
27drug test shall be separate from a student's educational
28records; providing for disclosure; requiring students and
29their parents to consent to the provisions of the program
30as a prerequisite for eligibility to participate in
31interscholastic athletics; providing penalties for
32students selected for testing who fail to provide a
33specimen; requiring the administration of a school to meet
34with a student who tests positive and his or her parent to
35review the finding, penalties, and procedure for challenge
36and appeal; providing penalties for positive findings;
37providing due process procedures for challenge and appeal;
38requiring the organization to provide a report to the
39Legislature on the results of the program; providing an
40exemption from civil liability resulting from
41implementation of the program; requiring the Department of
42Legal Affairs to provide defense in claims of civil
43liability; requiring program expenses to be paid through
44legislative appropriation; providing for expiration of the
45program; providing an effective date.
46
47Be It Enacted by the Legislature of the State of Florida:
48
49     Section 1.  (1)  The Florida High School Athletic
50Association shall, until July 1, 2007, hold in abeyance the
512006-2007 revisions to sections 11.01, 11.02, 11.2, 11.3, and
5211.4, Bylaws of the Florida High School Athletic Association,
53relating to student athlete residence and transfer, adopted
54pursuant to s. 1006.20, Florida Statutes.
55     (2)  A Student Athlete Recruiting Task Force shall be
56created to review issues concerning recruiting of secondary
57school student athletes. The task force shall make
58recommendations that preserve the parental right to school
59choice while protecting the integrity of Florida's
60interscholastic athletic programs. The task force shall
61consider:
62     (a)  The definition of recruiting.
63     (b)  Current and proposed procedures governing recruiting
64of secondary school student athletes.
65     (c)  Documented past recruiting practices and violations.
66Practices to be reviewed shall include, but not be limited to,
67the provision of tuition scholarships and other inducements,
68recruitment of foreign athletes, and active solicitation of
69student athletes and parents by school employees or boosters.
70     (d)  The impact of student athlete recruiting rules on
71parental school choice.
72     (e)  The relationship between student athlete transfers and
73recruiting, including the role of student athlete transfer rules
74in preventing recruiting.
75     (f)  Measures for preventing improper student athlete
76recruiting and penalties for recruiting violations.
77     (3)  The task force shall be comprised of representatives
78from home school and public and private secondary school
79proponents and opponents of the 2006-2007 revisions to the
80bylaws specified in subsection (1). The task force members shall
81be appointed as follows:
82     (a)  Three proponents of the bylaws and three opponents of
83the bylaws each appointed by the President of the Senate.
84     (b)  Three proponents of the bylaws and three opponents of
85the bylaws each appointed by the Speaker of the House of
86Representatives.
87     (c)  A task force chair appointed by the Governor.
88     (4)  Task force members shall serve without compensation
89but shall be reimbursed for per diem and travel expenses in
90accordance with s. 112.061, Florida Statutes.
91     (5)  The task force shall be staffed by the Office of
92Program Policy Analysis and Government Accountability and be
93monitored by the Department of Education. The chair shall
94convene meetings of the task force as needed and shall ensure
95that the recommendations are completed and forwarded on time.
96     (6)  The task force shall hold its initial meeting not
97later than June 1, 2006, and shall submit its recommendations to
98the Governor, the President of the Senate, and the Speaker of
99the House of Representatives by January 1, 2007. The task force
100shall dissolve upon rendering its recommendations.
101     Section 2.  The Office of Program Policy Analysis and
102Government Accountability shall conduct an independent review of
103secondary school recruiting violations among Florida High School
104Athletic Association member schools and shall have full access
105to Florida High School Athletic Association records for the
106purpose of this review.
107     Section 3.  The sum of $60,000 is appropriated from the
108General Revenue Fund to the Office of Program Policy Analysis
109and Government Accountability for the 2006-2007 fiscal year to
110support the work of the Student Athlete Recruiting Task Force.
111     Section 4.  Subsection (10) is added to section 1006.20,
112Florida Statutes, to read:
113     1006.20  Athletics in public K-12 schools.--
114     (10)  RANDOM DRUG TESTING PROGRAM.--
115     (a)  Contingent upon funding, and to the degree funded, the
116organization shall facilitate a 1-year program during the 2006-
1172007 academic year in which students in grades 9 through 12 in
118its member schools who participate in postseason competition in
119football, baseball, and weightlifting governed by the
120organization shall be subject to random testing for the use of
121anabolic steroids as defined in s. 893.03(3)(d). All schools,
122both public and private, shall consent to the provisions of this
123subsection as a prerequisite for membership in the organization
124for the duration of the program.
125     (b)  The organization's board of directors shall establish
126procedures for the conduct of the program that, at a minimum,
127shall provide for the following:
128     1.  The organization shall select and enter into a contract
129with a testing agency that will administer the testing program.
130The laboratory utilized by the testing agency to analyze
131specimens shall be accredited by the World Anti-Doping Agency.
132     2.  A maximum of 1 percent of the total students who
133participate in postseason competition in football, baseball, and
134weightlifting shall be randomly selected to undergo a test.
135     3.  Each member school shall report to the organization the
136names of students who will represent the school in football,
137baseball, and weightlifting. A student shall not be eligible to
138participate in interscholastic athletics in any of these sports
139in a member school until the student's name has been reported to
140the organization.
141     4.  The organization shall provide to the testing agency
142all names of students that are submitted by its member schools.
143The testing agency shall make its random selections for testing
144from these names.
145     5.  The testing agency shall notify not fewer than 7 days
146in advance both the administration of a school and the
147organization of the date on which its representatives will be
148present at the school to collect a specimen from a randomly
149selected student. However, the name of the student from which a
150specimen is to be collected shall not be disclosed.
151     6.  The finding of a drug test shall be separate from a
152student's educational records and shall be disclosed by the
153testing agency only to the organization, the student, the
154student's parent, the administration of the student's school,
155and the administration of any school to which the student may
156transfer during a suspension from participation in
157interscholastic athletics resulting from a positive finding.
158     (c)  Each student who wishes to participate in football,
159baseball, or weightlifting and his or her parent must consent to
160the provisions of this subsection as a prerequisite for athletic
161eligibility. This consent shall be in writing on a form
162prescribed by the organization and provided to the student by
163his or her school. Failure to complete and sign the consent form
164shall result in the student's ineligibility to participate in
165all interscholastic athletics. The consent form shall include
166the following information:
167     1.  A brief description of the drug testing program.
168     2.  The penalties for a positive finding.
169     3.  The procedure for challenging a positive finding.
170     4.  The procedure for appealing a prescribed penalty.
171     (d)  A student who is selected for testing and fails to
172provide a specimen shall be immediately suspended from
173interscholastic athletic practice and competition until such
174time as a specimen is provided.
175     (e)  If a student tests positive in a test administered
176under this subsection, the administration of the school the
177student attends shall immediately:
178     1.  Suspend the student from participation in all
179interscholastic athletic practice and competition.
180     2.  Notify and schedule a meeting with the student and his
181or her parent during which the principal or his or her designee
182shall review with them the positive finding, the procedure for
183challenging the positive finding, the prescribed penalties, and
184the procedure for appealing the prescribed penalties.
185     (f)  For a positive finding, the student shall be suspended
186from all interscholastic athletic practice and competition for a
187period of 90 school days and shall be subject to a mandatory
188exit test for restoration of eligibility no sooner than the 60th
189school day of the suspension. If the exit test is negative, the
190organization shall restore the eligibility of the student at the
191conclusion of the 90-school-day period of suspension. If the
192exit test is positive, the student shall remain suspended from
193all interscholastic athletic practice and competition until such
194time as a subsequent retest of the student results in a negative
195finding. The student shall be subject to repeated tests for the
196duration of his or her high school athletic eligibility.
197     (g)  In addition to the penalties prescribed in paragraph
198(f), a student who tests positive in a test administered under
199this subsection shall attend and complete an appropriate
200mandatory drug education program conducted by the student's
201school, the student's school district, or a third-party
202organization contracted by the school or school district to
203conduct such an education program.
204     (h)  The following due process shall be afforded each
205student who tests positive in a test administered under this
206subsection:
207     1.  The member school may challenge a positive finding and
208must challenge a positive finding at the request of the student.
209A sample of the original specimen provided by the student and
210retained by the testing agency shall be analyzed. The member
211school or the student's parent shall pay the cost of the
212analysis. If the analysis results in a positive finding, the
213student shall remain ineligible until the prescribed penalty is
214fulfilled. If the analysis results in a negative finding, the
215organization shall immediately restore the eligibility of the
216student and shall refund to the member school or student's
217parent the cost of the analysis. The student shall remain
218suspended from interscholastic athletic practice and competition
219during the challenge.
220     2.a.  A member school may appeal to the organization's
221commissioner the period of ineligibility imposed on a student as
222a result of a positive finding and must appeal at the request of
223the student. The commissioner may require the student to
224complete the prescribed penalty, reduce the prescribed penalty
225by one-half, or provide complete relief from the prescribed
226penalty. Regardless of the decision of the commissioner, the
227student shall remain ineligible until the student tests negative
228on the mandatory exit test and the student's eligibility is
229restored by the organization.
230     b.  Should the school or student be dissatisfied with the
231decision of the commissioner, the school may pursue the appeal
232before the organization's board of directors and must do so at
233the request of the student. The board of directors may require
234the student to complete the prescribed penalty, reduce the
235prescribed penalty by one-half, or provide complete relief from
236the prescribed penalty. Regardless of the decision of the board
237of directors, the student shall remain ineligible until the
238student tests negative on the mandatory exit test and the
239student's eligibility is restored by the organization. The
240decision of the board of directors on each appeal shall be
241final.
242     c.  Technical experts may serve as consultants to both the
243organization's commissioner and its board of directors in
244connection with such appeals.
245     (i)  No later than October 1, 2007, the organization shall
246submit to the President of the Senate and the Speaker of the
247House of Representatives a report on the results of the program.
248The report shall include statistics on the number of students
249tested; the number of violations; the number of challenges and
250their results; the number of appeals and their dispositions; and
251the costs incurred by the organization in the administration of
252the program, including attorney's fees and other expenses of
253litigation.
254     (j)  The organization, members of its board of directors,
255and its employees and member schools and their employees are
256exempt from civil liability arising from any act or omission in
257connection with the program conducted under this subsection. The
258Department of Legal Affairs shall defend the organization,
259members of its board of directors, and its employees and member
260schools and their employees in any action against such parties
261arising from any such act or omission. In providing such
262defense, the Department of Legal Affairs may employ or utilize
263the legal services of outside counsel.
264     (k)  The program shall be conducted to the extent funded by
265the Legislature. In order to conduct the program within
266appropriated funds, the organization is authorized to implement
267the program in only one or two of the named sports. All expenses
268of the program shall be paid with funds appropriated by the
269Legislature. Such expenses shall include, but not be limited to,
270all fees and expenses charged by the testing agency for
271administrative services, specimen collection services, and
272specimen analysis; all administrative expenses incurred by the
273organization in the facilitation of the program; and all
274attorney's fees and other expenses of litigation resulting from
275legal challenges related to the program.
276     (l)  The provisions of this subsection shall expire on June
27730, 2007, or at such earlier date as appropriated funds are
278exhausted.
279     Section 5.  This act shall take effect upon becoming a law.


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