Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. CS for SB 2200
                        Barcode 324280
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: 5/AD/2R          .                    
       05/01/2007 12:48 PM         .                    
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11  Senator Webster moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 7, between lines 24 and 25,
15  
16  insert:  
17         Section 2.  Section 1006.20, Florida Statutes, is
18  amended to read:
19         1006.20  Athletics in public K-12 schools in this
20  state.--
21         (1)  GOVERNING NONPROFIT ORGANIZATION.--The Florida
22  High School Athletic Association is designated as the
23  governing nonprofit organization of athletics in Florida
24  public schools. If the Florida High School Athletic
25  Association fails to meet the provisions of this section, the
26  commissioner shall designate a nonprofit organization to
27  govern athletics with the approval of the State Board of
28  Education. The organization is not to be a state agency as
29  defined in s. 120.52. The Florida Private High School Athletic
30  Association is designated as the governing nonprofit
31  organization of athletics in Florida private schools. The
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Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SB 2200 Barcode 324280 1 organization shall be subject to the provisions of s. 1006.19. 2 A private school that wishes to engage in high school athletic 3 competition with a public high school may become a member of 4 the organization. The bylaws of the organization are to be the 5 rules by which high school athletic programs in its member 6 schools, and the students who participate in them, are 7 governed, unless otherwise specifically provided by statute. 8 For the purposes of this section, "high school" includes 9 grades 6 through 12. 10 (2) ADOPTION OF BYLAWS.-- 11 (a) Each The organization shall adopt bylaws that, 12 unless specifically provided by statute, establish eligibility 13 requirements for all students who participate in high school 14 athletic competition in its member schools. The bylaws 15 governing residence and transfer shall allow the student to be 16 eligible in the school in which he or she first enrolls each 17 school year, or makes himself or herself a candidate for an 18 athletic team by engaging in a practice prior to enrolling in 19 any member school. The student shall be eligible in that 20 school so long as he or she remains enrolled in that school. 21 Subsequent eligibility shall be determined and enforced 22 through the organization's bylaws. 23 (b) Each The organization shall adopt bylaws that 24 specifically prohibit the recruiting of students for athletic 25 purposes. The bylaws shall prescribe penalties and an appeals 26 process for athletic recruiting violations. 27 (c) Each The organization shall adopt bylaws that 28 require all students participating in interscholastic athletic 29 competition or who are candidates for an interscholastic 30 athletic team to satisfactorily pass a medical evaluation each 31 year prior to participating in interscholastic athletic 2 4:02 PM 04/30/07 s2200c1c-09-r2f
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SB 2200 Barcode 324280 1 competition or engaging in any practice, tryout, workout, or 2 other physical activity associated with the student's 3 candidacy for an interscholastic athletic team. Such medical 4 evaluation can only be administered by a practitioner licensed 5 under the provisions of chapter 458, chapter 459, chapter 460, 6 or s. 464.012, and in good standing with the practitioner's 7 regulatory board. The bylaws shall establish requirements for 8 eliciting a student's medical history and performing the 9 medical evaluation required under this paragraph, which shall 10 include a physical assessment of the student's physical 11 capabilities to participate in interscholastic athletic 12 competition as contained in a uniform preparticipation 13 physical evaluation and history form. The evaluation form 14 shall incorporate the recommendations of the American Heart 15 Association for participation cardiovascular screening and 16 shall provide a place for the signature of the practitioner 17 performing the evaluation with an attestation that each 18 examination procedure listed on the form was performed by the 19 practitioner or by someone under the direct supervision of the 20 practitioner. The form shall also contain a place for the 21 practitioner to indicate if a referral to another practitioner 22 was made in lieu of completion of a certain examination 23 procedure. The form shall provide a place for the practitioner 24 to whom the student was referred to complete the remaining 25 sections and attest to that portion of the examination. The 26 preparticipation physical evaluation form shall advise 27 students to complete a cardiovascular assessment and shall 28 include information concerning alternative cardiovascular 29 evaluation and diagnostic tests. Results of such medical 30 evaluation must be provided to the school. No student shall be 31 eligible to participate in any interscholastic athletic 3 4:02 PM 04/30/07 s2200c1c-09-r2f
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SB 2200 Barcode 324280 1 competition or engage in any practice, tryout, workout, or 2 other physical activity associated with the student's 3 candidacy for an interscholastic athletic team until the 4 results of the medical evaluation have been received and 5 approved by the school. 6 (d) Notwithstanding the provisions of paragraph (c), a 7 student may participate in interscholastic athletic 8 competition or be a candidate for an interscholastic athletic 9 team if the parent of the student objects in writing to the 10 student undergoing a medical evaluation because such 11 evaluation is contrary to his or her religious tenets or 12 practices. However, in such case, there shall be no liability 13 on the part of any person or entity in a position to otherwise 14 rely on the results of such medical evaluation for any damages 15 resulting from the student's injury or death arising directly 16 from the student's participation in interscholastic athletics 17 where an undisclosed medical condition that would have been 18 revealed in the medical evaluation is a proximate cause of the 19 injury or death. 20 (3) GOVERNING STRUCTURE OF EACH THE ORGANIZATION.-- 21 (a) Each The organization shall operate as a 22 representative democracy in which the sovereign authority is 23 within its member schools. Except as provided in this section, 24 each the organization shall govern its affairs through its 25 bylaws. 26 (b) Each member school, on its annual application for 27 membership, shall name its official representative to the 28 organization. This representative must be either the school 29 principal or his or her designee. That designee must either be 30 an assistant principal or athletic director housed within that 31 same school. 4 4:02 PM 04/30/07 s2200c1c-09-r2f
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SB 2200 Barcode 324280 1 (c) Each The organization's membership shall be 2 divided along existing county lines into four contiguous and 3 compact administrative regions, each containing an equal or 4 nearly equal number of member schools to ensure equitable 5 representation on the organization's board of directors, 6 representative assembly, and committee on appeals. 7 (4) BOARD OF DIRECTORS; FLORIDA HIGH SCHOOL ATHLETIC 8 ASSOCIATION.-- 9 (a) The executive authority of the organization shall 10 be vested in its board of directors. Any entity that appoints 11 members to the board of directors shall examine the ethnic and 12 demographic composition of the board when selecting candidates 13 for appointment and shall, to the greatest extent possible, 14 make appointments that reflect state demographic and 15 population trends. The board of directors shall be composed of 16 16 persons, as follows: 17 1. Four public member school representatives, one 18 elected from among its public school representative members 19 within each of the four administrative regions. 20 2. Four nonpublic member school representatives, one 21 elected from among its nonpublic school representative members 22 within each of the four administrative regions. 23 3. Three representatives appointed by the 24 commissioner, one appointed from the two northernmost 25 administrative regions and one appointed from the two 26 southernmost administrative regions. The third representative 27 shall be appointed to balance the board for diversity or state 28 population trends, or both. 29 4. Two district school superintendents, one elected 30 from the two northernmost administrative regions by the 31 members in those regions and one elected from the two 5 4:02 PM 04/30/07 s2200c1c-09-r2f
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SB 2200 Barcode 324280 1 southernmost administrative regions by the members in those 2 regions. 3 5. Two district school board members, one elected from 4 the two northernmost administrative regions by the members in 5 those regions and one elected from the two southernmost 6 administrative regions by the members in those regions. 7 6. The commissioner or his or her designee from the 8 department executive staff. 9 (b) A quorum of the board of directors shall consist 10 of nine members. 11 (c) The board of directors shall elect a president and 12 a vice president from among its members. These officers shall 13 also serve as officers of the organization. 14 (d) Members of the board of directors shall serve 15 terms of 3 years and are eligible to succeed themselves only 16 once. A member of the board of directors, other than the 17 commissioner or his or her designee, may serve a maximum of 6 18 consecutive years. The organization's bylaws shall establish a 19 rotation of terms to ensure that a majority of the members' 20 terms do not expire concurrently. 21 (e) The authority and duties of the board of 22 directors, acting as a body and in accordance with the 23 organization's bylaws, are as follows: 24 1. To act as the incorporated organization's board of 25 directors and to fulfill its obligations as required by the 26 organization's charter and articles of incorporation. 27 2. To establish such guidelines, regulations, 28 policies, and procedures as are authorized by the bylaws. 29 3. To provide an organization commissioner, who shall 30 have the authority to waive the bylaws of the organization in 31 order to comply with statutory changes. 6 4:02 PM 04/30/07 s2200c1c-09-r2f
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SB 2200 Barcode 324280 1 4. To levy annual dues and other fees and to set the 2 percentage of contest receipts to be collected by the 3 organization. 4 5. To approve the budget of the organization. 5 6. To organize and conduct statewide interscholastic 6 competitions. The Florida High School Athletic Association may 7 not deny interscholastic competition between its members and 8 members of the Florida Private High School Athletic 9 Association. The two associations shall conduct annual state 10 interscholastic championship competitions for each sport and 11 competition level offered at their member schools, which may 12 or may not lead to state championships, and to establish the 13 terms and conditions for these competitions. 14 7. To act as an administrative board in the 15 interpretation of, and final decision on, all questions and 16 appeals arising from the directing of interscholastic 17 athletics of member schools. 18 (5) REPRESENTATIVE ASSEMBLY; FLORIDA HIGH SCHOOL 19 ATHLETIC ASSOCIATION.-- 20 (a) The legislative authority of the organization is 21 vested in its representative assembly. 22 (b) The representative assembly shall be composed of 23 the following: 24 1. An equal number of member school representatives 25 from each of the four administrative regions. 26 2. Four district school superintendents, one elected 27 from each of the four administrative regions by the district 28 school superintendents in their respective administrative 29 regions. 30 3. Four district school board members, one elected 31 from each of the four administrative regions by the district 7 4:02 PM 04/30/07 s2200c1c-09-r2f
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SB 2200 Barcode 324280 1 school board members in their respective administrative 2 regions. 3 4. The commissioner or his or her designee from the 4 department executive staff. 5 (c) The organization's bylaws shall establish the 6 number of member school representatives to serve in the 7 representative assembly from each of the four administrative 8 regions and shall establish the method for their selection. 9 (d) No member of the board of directors other than the 10 commissioner or his or her designee can serve in the 11 representative assembly. 12 (e) The representative assembly shall elect a 13 chairperson and a vice chairperson from among its members. 14 (f) Elected members of the representative assembly 15 shall serve terms of 2 years and are eligible to succeed 16 themselves for two additional terms. An elected member, other 17 than the commissioner or his or her designee, may serve a 18 maximum of 6 consecutive years in the representative assembly. 19 (g) A quorum of the representative assembly consists 20 of one more than half of its members. 21 (h) The authority of the representative assembly is 22 limited to its sole duty, which is to consider, adopt, or 23 reject any proposed amendments to the organization's bylaws. 24 (i) The representative assembly shall meet as a body 25 annually. A two-thirds majority of the votes cast by members 26 present is required for passage of any proposal. 27 (6) PUBLIC LIAISON ADVISORY COMMITTEE; FLORIDA HIGH 28 SCHOOL ATHLETIC ASSOCIATION.-- 29 (a) The organization shall establish, sustain, fund, 30 and provide staff support to a public liaison advisory 31 committee composed of the following: 8 4:02 PM 04/30/07 s2200c1c-09-r2f
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SB 2200 Barcode 324280 1 1. The commissioner or his or her designee. 2 2. A member public school principal. 3 3. A member private school principal. 4 4. A member school principal who is a member of a 5 racial minority. 6 5. An active athletic director. 7 6. An active coach, who is employed full time by a 8 member school. 9 7. A student athlete. 10 8. A district school superintendent. 11 9. A district school board member. 12 10. A member of the Florida House of Representatives. 13 11. A member of the Florida Senate. 14 12. A parent of a high school student. 15 13. A member of a home education association. 16 14. A representative of the business community. 17 15. A representative of the news media. 18 (b) No member of the board of directors, committee on 19 appeals, or representative assembly is eligible to serve on 20 the public liaison advisory committee. 21 (c) The public liaison advisory committee shall elect 22 a chairperson and vice chairperson from among its members. 23 (d) The authority and duties of the public liaison 24 advisory committee are as follows: 25 1. To act as a conduit through which the general 26 public may have input into the decisionmaking process of the 27 organization and to assist the organization in the development 28 of procedures regarding the receipt of public input and 29 disposition of complaints related to high school athletic and 30 competition programs. 31 2. To conduct public hearings annually in each of the 9 4:02 PM 04/30/07 s2200c1c-09-r2f
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SB 2200 Barcode 324280 1 four administrative regions during which interested parties 2 may address issues regarding the effectiveness of the rules, 3 operation, and management of the organization. 4 3. To conduct an annual evaluation of the organization 5 as a whole and present a report of its findings, conclusion, 6 and recommendations to the board of directors, to the 7 commissioner, and to the respective education committees of 8 the Florida Senate and the Florida House of Representatives. 9 The recommendations must delineate policies and procedures 10 that will improve the implementation and oversight of high 11 school athletic programs by the organization. 12 (e) The public liaison advisory committee shall meet 13 four times annually. Additional meetings may be called by the 14 committee chairperson, the organization president, or the 15 organization commissioner. 16 (7) APPEALS.-- 17 (a) The organization shall establish a procedure of 18 due process which ensures each student the opportunity to 19 appeal an unfavorable ruling with regard to his or her 20 eligibility to compete. The initial appeal shall be made to a 21 committee on appeals within the administrative region in which 22 the student lives. The organization's bylaws shall establish 23 the number, size, and composition of the committee on appeals. 24 (b) No member of the board of directors is eligible to 25 serve on the committee on appeals. 26 (c) Members of the committee on appeals shall serve 27 terms of 3 years and are eligible to succeed themselves only 28 once. A member of the committee on appeals may serve a maximum 29 of 6 consecutive years. The organization's bylaws shall 30 establish a rotation of terms to ensure that a majority of the 31 members' terms do not expire concurrently. 10 4:02 PM 04/30/07 s2200c1c-09-r2f
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SB 2200 Barcode 324280 1 (d) The authority and duties of the committee on 2 appeals shall be to consider requests by member schools 3 seeking exceptions to bylaws and regulations, to hear undue 4 hardship eligibility cases filed by member schools on behalf 5 of student athletes, and to hear appeals filed by member 6 schools. 7 (e) A student athlete or member school that receives 8 an unfavorable ruling from a committee on appeals shall be 9 entitled to appeal that decision to the board of directors at 10 its next regularly scheduled meeting or called meeting. The 11 board of directors shall have the authority to uphold, 12 reverse, or amend the decision of the committee on appeals. In 13 all such cases, the decision of the board of directors shall 14 be final. 15 (8) AMENDMENT OF BYLAWS.--Each member school 16 representative, the board of directors acting as a whole or as 17 members acting individually, any advisory committee acting as 18 a whole to be established by the organization, and the 19 organization's commissioner are empowered to propose 20 amendments to the bylaws. Any other individual may propose an 21 amendment by securing the sponsorship of any of the 22 aforementioned individuals or bodies. All proposed amendments 23 must be submitted directly to the representative assembly for 24 its consideration. The representative assembly, while 25 empowered to adopt, reject, or revise proposed amendments, may 26 not, in and of itself, as a body be allowed to propose any 27 amendment for its own consideration. 28 (9) RULES ADOPTION.--The bylaws of the organization 29 shall require member schools to adopt rules for sports, which 30 have been established by a nationally recognized sanctioning 31 body, unless waived by at least a two-thirds vote of the board 11 4:02 PM 04/30/07 s2200c1c-09-r2f
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SB 2200 Barcode 324280 1 of directors. 2 (10) BOARD OF DIRECTORS; FLORIDA PRIVATE HIGH SCHOOL 3 ATHLETIC ASSOCIATION.-- 4 (a) The executive authority of the organization shall 5 be vested in its board of directors. Any entity that appoints 6 members to the board of directors shall examine the ethnic and 7 demographic composition of the board when selecting candidates 8 for appointment and shall, to the greatest extent possible, 9 make appointments that reflect state demographic and 10 population trends. The board of directors shall be composed of 11 16 persons, as follows: 12 1. Four public school representatives, one elected 13 from among its public school representative members within 14 each of the four administrative regions for public schools. 15 2. Four nonpublic member school representatives, one 16 elected from among its nonpublic school representative members 17 within each of the four administrative regions for public 18 schools. 19 3. Three representatives appointed by the 20 commissioner, one appointed from the two northernmost 21 administrative regions and one appointed from the two 22 southernmost administrative regions. The third representative 23 shall be appointed to balance the board for diversity or state 24 population trends, or both. 25 4. Two school headmasters, one elected from the two 26 northernmost administrative regions by the nonpublic school 27 members in those regions and one elected from the two 28 southernmost administrative regions by the nonpublic school 29 members in those regions. 30 5. Two nonpublic school governing board members, one 31 elected from the two northernmost administrative regions by 12 4:02 PM 04/30/07 s2200c1c-09-r2f
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SB 2200 Barcode 324280 1 the nonpublic school members in those regions and one elected 2 from the two southernmost administrative regions by the 3 nonpublic school members in those regions. 4 6. The commissioner or his or her designee from the 5 department executive staff. 6 (b) A quorum of the board of directors shall consist 7 of nine members. 8 (c) The board of directors shall elect a president and 9 a vice president from among its members. These officers shall 10 also serve as officers of the organization. 11 (d) Members of the board of directors shall serve 12 terms of 3 years and are eligible to succeed themselves only 13 once. A member of the board of directors, other than the 14 commissioner or his or her designee, may serve a maximum of 6 15 consecutive years. The organization's bylaws shall establish a 16 rotation of terms to ensure that a majority of the members' 17 terms do not expire concurrently. 18 (e) The authority and duties of the board of 19 directors, acting as a body and in accordance with the 20 organization's bylaws, are as follows: 21 1. To act as the incorporated organization's board of 22 directors and to fulfill its obligations as required by the 23 organization's charter and articles of incorporation. 24 2. To establish such guidelines, regulations, 25 policies, and procedures as are authorized by the bylaws. 26 3. To provide an organization commissioner, who shall 27 have the authority to waive the bylaws of the organization in 28 order to comply with statutory changes. 29 4. To levy annual dues and other fees and to set the 30 percentage of contest receipts to be collected by the 31 organization. 13 4:02 PM 04/30/07 s2200c1c-09-r2f
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SB 2200 Barcode 324280 1 5. To approve the budget of the organization. 2 6. To organize and conduct statewide interscholastic 3 competitions. 4 7. To act as an administrative board in the 5 interpretation of, and final decision on, all questions and 6 appeals arising from the directing of interscholastic 7 athletics of member schools. 8 9 (Redesignate subsequent sections.) 10 11 12 ================ T I T L E A M E N D M E N T =============== 13 And the title is amended as follows: 14 On page 2, line 6, after the semicolon, 15 16 insert: 17 amending s. 1006.20, F.S.; creating the Florida 18 Private High School Athletic Association; 19 providing for organization, powers, and duties 20 of the association; creating a board of 21 directors and providing powers and duties of 22 the board; providing for annual interscholastic 23 competition championships between public and 24 nonpublic high schools for each sport and 25 competition level offered in public and private 26 high schools in this state; 27 28 29 30 31 14 4:02 PM 04/30/07 s2200c1c-09-r2f