HB 7119

1
A bill to be entitled
2An act relating to interscholastic athletics; requiring
3the Florida High School Athletic Association to hold
4certain bylaws in abeyance; providing for creation of a
5task force to review student athlete recruiting issues;
6providing for task force membership and duties; requiring
7recommendations to the Governor and the Legislature;
8requiring the Office of Program Policy Analysis and
9Government Accountability to conduct a review of
10recruiting violations by Florida High School Athletic
11Association member schools; providing an appropriation;
12amending s. 1006.20, F.S.; requiring the Florida High
13School Athletic Association to facilitate a 1-year drug
14testing program to randomly test for anabolic steroid use
15by students in grades 9 through 12 who participate in
16postseason competition in football, baseball, girls'
17softball, and weightlifting in its member schools;
18requiring schools to consent to the provisions of the
19program as a prerequisite for membership in the
20organization; requiring the organization to establish
21procedures for the conduct of the program, including
22contracting with a testing agency to administer the
23program; providing that the finding of a drug test shall
24be separate from a student's educational records;
25providing for disclosure; requiring students and their
26parents to consent to the provisions of the program as a
27prerequisite for eligibility to participate in
28interscholastic athletics; providing penalties for
29students selected for testing who fail to provide a
30specimen; requiring the administration of a school to meet
31with a student who tests positive and his or her parent to
32review the finding, penalties, and procedure for challenge
33and appeal; providing penalties for positive findings;
34providing due process procedures for challenge and appeal;
35requiring the organization to provide a report to the
36Legislature on the results of the program; providing an
37exemption from civil liability resulting from
38implementation of the program; requiring the Department of
39Legal Affairs to provide defense in claims of civil
40liability; requiring program expenses to be paid through
41legislative appropriation; providing for expiration of the
42program; providing an effective date.
43
44Be It Enacted by the Legislature of the State of Florida:
45
46     Section 1.  (1)  The Florida High School Athletic
47Association shall, until July 1, 2007, hold in abeyance the
482006-2007 revisions to sections 11.01, 11.02, 11.2, 11.3, and
4911.4, Bylaws of the Florida High School Athletic Association,
50relating to student athlete residence and transfer, adopted
51pursuant to s. 1006.20, Florida Statutes.
52     (2)  A Student Athlete Recruiting Task Force shall be
53created to review issues concerning recruiting of secondary
54school student athletes. The task force shall make
55recommendations that preserve the parental right to school
56choice while protecting the integrity of Florida's
57interscholastic athletic programs. The task force shall
58consider:
59     (a)  The definition of recruiting.
60     (b)  Current and proposed procedures governing recruiting
61of secondary school student athletes.
62     (c)  Documented past recruiting practices and violations.
63Practices to be reviewed shall include, but not be limited to,
64the provision of tuition scholarships and other inducements,
65recruitment of foreign athletes, and active solicitation of
66student athletes and parents by school employees or boosters.
67     (d)  The impact of student athlete recruiting rules on
68parental school choice.
69     (e)  The relationship between student athlete transfers and
70recruiting, including the role of student athlete transfer rules
71in preventing recruiting.
72     (f)  Measures for preventing improper student athlete
73recruiting and penalties for recruiting violations.
74     (g)  Policies to allow students attending private schools
75that do not have athletic programs to participate in the
76athletic programs at their assigned public school.
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, girls' softball, and weightlifting governed
120by the organization shall be subject to random testing for the
121use of anabolic steroids as defined in s. 893.03(3)(d). All
122schools, both public and private, shall consent to the
123provisions of this subsection as a prerequisite for membership
124in the organization for 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,
134girls' softball, and weightlifting shall be randomly selected to
135undergo a test.
136     3.  Each member school shall report to the organization the
137names of students who will represent the school in football,
138baseball, girls' softball, and weightlifting. A student shall
139not be eligible to participate in interscholastic athletics in
140any of these sports in a member school until the student's name
141has been reported to the organization.
142     4.  The organization shall provide to the testing agency
143all names of students that are submitted by its member schools.
144The testing agency shall make its random selections for testing
145from these names.
146     5.  The testing agency shall notify not fewer than 7 days
147in advance both the administration of a school and the
148organization of the date on which its representatives will be
149present at the school to collect a specimen from a randomly
150selected student. However, the name of the student from which a
151specimen is to be collected shall not be disclosed.
152     6.  The finding of a drug test shall be separate from a
153student's educational records and shall be disclosed by the
154testing agency only to the organization, the student, the
155student's parent, the administration of the student's school,
156and the administration of any school to which the student may
157transfer during a suspension from participation in
158interscholastic athletics resulting from a positive finding.
159     (c)  Each student who wishes to participate in football,
160baseball, girls' softball, or weightlifting and his or her
161parent must consent to the provisions of this subsection as a
162prerequisite for athletic eligibility. This consent shall be in
163writing on a form prescribed by the organization and provided to
164the student by his or her school. Failure to complete and sign
165the consent form shall result in the student's ineligibility to
166participate in all interscholastic athletics. The consent form
167shall include the following information:
168     1.  A brief description of the drug testing program.
169     2.  The penalties for a positive finding.
170     3.  The procedure for challenging a positive finding.
171     4.  The procedure for appealing a prescribed penalty.
172     (d)  A student who is selected for testing and fails to
173provide a specimen shall be immediately suspended from
174interscholastic athletic practice and competition until such
175time as a specimen is provided.
176     (e)  If a student tests positive in a test administered
177under this subsection, the administration of the school the
178student attends shall immediately:
179     1.  Suspend the student from participation in all
180interscholastic athletic practice and competition.
181     2.  Notify and schedule a meeting with the student and his
182or her parent during which the principal or his or her designee
183shall review with them the positive finding, the procedure for
184challenging the positive finding, the prescribed penalties, and
185the procedure for appealing the prescribed penalties.
186     (f)  For a positive finding, the student shall be suspended
187from all interscholastic athletic practice and competition for a
188period of 90 school days and shall be subject to a mandatory
189exit test for restoration of eligibility no sooner than the 60th
190school day of the suspension. If the exit test is negative, the
191organization shall restore the eligibility of the student at the
192conclusion of the 90-school-day period of suspension. If the
193exit test is positive, the student shall remain suspended from
194all interscholastic athletic practice and competition until such
195time as a subsequent retest of the student results in a negative
196finding. The student shall be subject to repeated tests for the
197duration of his or her high school athletic eligibility.
198     (g)  In addition to the penalties prescribed in paragraph
199(f), a student who tests positive in a test administered under
200this subsection shall attend and complete an appropriate
201mandatory drug education program conducted by the student's
202school, the student's school district, or a third-party
203organization contracted by the school or school district to
204conduct such an education program.
205     (h)  The following due process shall be afforded each
206student who tests positive in a test administered under this
207subsection:
208     1.  The member school may challenge a positive finding and
209must challenge a positive finding at the request of the student.
210A sample of the original specimen provided by the student and
211retained by the testing agency shall be analyzed. The member
212school or the student's parent shall pay the cost of the
213analysis. If the analysis results in a positive finding, the
214student shall remain ineligible until the prescribed penalty is
215fulfilled. If the analysis results in a negative finding, the
216organization shall immediately restore the eligibility of the
217student and shall refund to the member school or student's
218parent the cost of the analysis. The student shall remain
219suspended from interscholastic athletic practice and competition
220during the challenge.
221     2.a.  A member school may appeal to the organization's
222commissioner the period of ineligibility imposed on a student as
223a result of a positive finding and must appeal at the request of
224the student. The commissioner may require the student to
225complete the prescribed penalty, reduce the prescribed penalty
226by one-half, or provide complete relief from the prescribed
227penalty. Regardless of the decision of the commissioner, the
228student shall remain ineligible until the student tests negative
229on the mandatory exit test and the student's eligibility is
230restored by the organization.
231     b.  Should the school or student be dissatisfied with the
232decision of the commissioner, the school may pursue the appeal
233before the organization's board of directors and must do so at
234the request of the student. The board of directors may require
235the student to complete the prescribed penalty, reduce the
236prescribed penalty by one-half, or provide complete relief from
237the prescribed penalty. Regardless of the decision of the board
238of directors, the student shall remain ineligible until the
239student tests negative on the mandatory exit test and the
240student's eligibility is restored by the organization. The
241decision of the board of directors on each appeal shall be
242final.
243     c.  Technical experts may serve as consultants to both the
244organization's commissioner and its board of directors in
245connection with such appeals.
246     (i)  No later than October 1, 2007, the organization shall
247submit to the President of the Senate and the Speaker of the
248House of Representatives a report on the results of the program.
249The report shall include statistics on the number of students
250tested; the number of violations; the number of challenges and
251their results; the number of appeals and their dispositions; and
252the costs incurred by the organization in the administration of
253the program, including attorney's fees and other expenses of
254litigation.
255     (j)  The organization, members of its board of directors,
256and its employees and member schools and their employees are
257exempt from civil liability arising from any act or omission in
258connection with the program conducted under this subsection. The
259Department of Legal Affairs shall defend the organization,
260members of its board of directors, and its employees and member
261schools and their employees in any action against such parties
262arising from any such act or omission. In providing such
263defense, the Department of Legal Affairs may employ or utilize
264the legal services of outside counsel.
265     (k)  The program shall be conducted to the extent funded by
266the Legislature. In order to conduct the program within
267appropriated funds, the organization is authorized to implement
268the program in only one, two, or three of the named sports. All
269expenses of the program shall be paid with funds appropriated by
270the Legislature. Such expenses shall include, but not be limited
271to, all fees and expenses charged by the testing agency for
272administrative services, specimen collection services, and
273specimen analysis; all administrative expenses incurred by the
274organization in the facilitation of the program; and all
275attorney's fees and other expenses of litigation resulting from
276legal challenges related to the program.
277     (l)  The provisions of this subsection shall expire on June
27830, 2007, or at such earlier date as appropriated funds are
279exhausted.
280     Section 5.  This act shall take effect upon becoming a law.


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