Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2200
Barcode 533916
CHAMBER ACTION
Senate House
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04/17/2007 06:55 PM .
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11 The Committee on Judiciary (Villalobos) recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Subsection (10) is added to section
19 1006.20, Florida Statutes, to read:
20 1006.20 Athletics in public K-12 schools.--
21 (10) RANDOM-DRUG TESTING PROGRAM.--
22 (a) Contingent upon funding, and to the extent funded,
23 the organization shall implement a 1-year program during the
24 2007-2008 academic year which randomly tests students in
25 member schools in grades 9 through 12 who participate in
26 regular and postseason football, baseball, or weightlifting
27 competition governed by the organization for the use of
28 anabolic steroids as defined in s. 893.03(3)(d). All member
29 schools, both public and private, shall consent to the
30 provisions of this subsection as a prerequisite for membership
31 in the organization for the duration of the drug-testing
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2200
Barcode 533916
1 program.
2 (b) The organization's board of directors shall
3 establish procedures for conducting the testing program which,
4 at a minimum, provide for the following:
5 1. The organization shall select and enter into a
6 contract with a testing agency to administer the testing
7 program. The laboratory used by the testing agency to analyze
8 specimens must be accredited by the World Anti-Doping Agency.
9 2. Each member school shall identify and submit to the
10 organization the names of all students who will be
11 representing the school in football, baseball, and
12 weightlifting during 2007-2008 academic year. A student may
13 not participate in the member school's interscholastic
14 athletics in these sports until the student's name has been
15 reported to the organization by the school.
16 3. The organization shall provide the names of all the
17 students submitted by its member schools to the testing
18 agency. A maximum of 1 percent of the names submitted shall be
19 randomly selected by the testing agency for testing.
20 4. The testing agency shall notify the administration
21 of a school and the organization within 7 days prior to the
22 date that the testing agency or its representatives will be at
23 the school to collect a specimen from a randomly selected
24 student. However, the name of the student from whom a specimen
25 is to be collected may not be disclosed.
26 5. Records relating to drug tests under this
27 subsection and to any subsequent challenge and appeal
28 proceedings under paragraph (f) shall be maintained separately
29 from a student's educational record.
30 (c) Each student who wishes to participate in
31 football, baseball, or weightlifting and his or her parent
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2200
Barcode 533916
1 must provide consent to drug testing under this subsection as
2 a prerequisite for athletic eligibility. The consent must be
3 in writing on a form prescribed by the organization and
4 provided to the student by his or her school. Failure to
5 complete and sign the consent form will result in the
6 student's ineligibility to participate. The consent form must
7 include the following information:
8 1. A brief description of the drug-testing program.
9 2. The penalties for a positive finding.
10 3. The procedure for challenging a positive finding.
11 4. The procedure for appealing a prescribed penalty.
12 (d) A student who is selected for testing and fails to
13 provide a specimen shall be immediately suspended from
14 interscholastic athletic practice and competition until a
15 specimen is provided.
16 (e) If a student tests positive in a test administered
17 under this subsection, the school the student attends shall
18 immediately:
19 1. Suspend the student from participation in all
20 interscholastic athletic practice and competition.
21 2. Notify and schedule a meeting with the student and
22 his or her parent during which the principal or his or her
23 designee shall review the positive finding, the procedure for
24 challenging the positive finding, the prescribed penalties,
25 and the procedure for appealing the prescribed penalties.
26 (f) For a positive test finding, the student shall be
27 suspended from all interscholastic athletic practice and
28 competition for 90 school days and shall be subject to a
29 mandatory exit test for restoration of eligibility 60 school
30 days after the suspension. If the exit test is negative, the
31 organization shall immediately restore the eligibility of the
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2200
Barcode 533916
1 student. If the exit test is positive, the student shall
2 remain suspended from all interscholastic athletic practice
3 and competition until a subsequent retest of the student
4 results in a negative finding. The student shall be subject to
5 repeated drug tests for the duration of his or her high school
6 athletic eligibility.
7 (g) In addition to the penalties prescribed in
8 paragraph (f), a student who tests positive in a test
9 administered under this subsection must attend and complete an
10 appropriate mandatory drug-education program conducted by the
11 student's school, the student's school district, or a
12 third-party organization contracted by the school or school
13 district to conduct such an education program.
14 (h) The following procedure for challenging a positive
15 test result shall be provided to each student who tests
16 positive in a test administered under this subsection:
17 1. The member school may challenge a positive finding
18 and must challenge a positive finding at the request of the
19 student. A sample of the original specimen provided by the
20 student and retained by the testing agency must be analyzed.
21 The member school or the student's parent shall pay the cost
22 of the analysis. If the analysis results in a positive
23 finding, the student shall remain ineligible until the
24 prescribed penalty is fulfilled. If the analysis results in a
25 negative finding, the organization shall immediately restore
26 the eligibility of the student and shall refund to the member
27 school or student's parent the cost of the analysis. The
28 student shall remain suspended from interscholastic athletic
29 practice and competition during the challenge.
30 2. The member school may appeal to the organization's
31 commissioner the period of ineligibility imposed on a student
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2200
Barcode 533916
1 as a result of a positive finding and must appeal at the
2 request of the student. The commissioner may require the
3 student to complete the prescribed penalty, reduce the
4 prescribed penalty by one-half, or provide complete relief
5 from the prescribed penalty. Regardless of the commissioner's
6 decision, the student shall remain ineligible until the
7 student tests negative on an exit drug test and the student's
8 eligibility is restored by the organization.
9 a. If the member school or student is dissatisfied
10 with the decision of the commissioner, the school may pursue
11 the appeal before the organization's board of directors and
12 must do so at the request of the student. The board of
13 directors may require the student to complete the prescribed
14 penalty, reduce the prescribed penalty by one-half, or provide
15 complete relief from the prescribed penalty. Regardless of the
16 decision of the board of directors, the student shall remain
17 ineligible until the student tests negative on an exit drug
18 test and the student's eligibility is restored by the
19 organization. The decision of the board of directors on appeal
20 shall be final.
21 b. Technical experts may serve as consultants to the
22 organization's commissioner and its board of directors in
23 connection with appeals.
24 (i) The result of a drug test under this subsection is
25 not admissible as evidence in a criminal prosecution.
26 (j) By October 1, 2008, the organization shall submit
27 to the President of the Senate and the Speaker of the House of
28 Representatives a report on the results of the drug-testing
29 program. The report must include statistics on the number of
30 students tested; the number of violations; the number of
31 challenges and their results; the number of appeals and their
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2200
Barcode 533916
1 dispositions; and the costs incurred by the organization in
2 the administration of the program, including attorney's fees
3 and other expenses of litigation.
4 (k) The organization, members of its board of
5 directors, and its employees and member schools and their
6 employees are exempt from civil liability arising from any act
7 or omission in connection with the testing program conducted
8 under this subsection. The Department of Legal Affairs shall
9 defend the organization, members of its board of directors,
10 and its employees and member schools and their employees in
11 any action arising from any such act or omission. In providing
12 such defense, the department may employ or utilize the legal
13 services of outside counsel.
14 (l) In order to conduct the drug-testing program
15 within appropriated funds, the organization may limit the
16 program to only one or two of the named sports. All program
17 expenses shall be paid with funds appropriated by the
18 Legislature. Such expenses include, but are not limited to,
19 all fees and expenses charged by the testing agency for
20 administrative services, specimen-collection services, and
21 specimen analysis; all administrative expenses incurred by the
22 organization to implement the program; and all attorney's fees
23 and other expenses of litigation resulting from any legal
24 challenges related to the program.
25 (m) This subsection shall stand repealed on October 2,
26 2008, unless reviewed and saved from repeal through
27 reenactment by the Legislature.
28 Section 2. This act shall take effect July 1, 2007.
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2200
Barcode 533916
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 Delete everything before the enacting clause
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5 and insert:
6 A bill to be entitled
7 An act relating to high school athletics;
8 amending s. 1006.20, F.S.; requiring the
9 Florida High School Athletic Association to
10 implement a 1-year drug-testing program to
11 randomly test certain students for anabolic
12 steroid use; requiring schools to consent to
13 the provisions of the program as a prerequisite
14 for membership in the organization; requiring
15 the organization to establish procedures for
16 the conduct of the program including
17 contracting with a testing agency to administer
18 the program; providing that records relating to
19 drug tests and challenge and appeal proceedings
20 are maintained separately from a student's
21 educational record; requiring students and
22 their parents to consent to the testing program
23 as a prerequisite for eligibility to
24 participate in specified sports; requiring the
25 school to meet with a student who tests
26 positive and his or her parent to review the
27 test findings, penalties, and procedures for
28 challenge and appeal; providing penalties for
29 positive findings; providing procedures for
30 challenging and appealing the test findings and
31 penalties; providing that the result of a drug
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2200
Barcode 533916
1 test is not admissible in a criminal
2 prosecution; requiring a report to the
3 Legislature on the results of the program;
4 providing an exemption from civil liability
5 resulting from implementation of the program;
6 requiring the Department of Legal Affairs to
7 provide defense in claims of civil liability;
8 authorizing athletic organization to reduce the
9 scope of the program in order to remain within
10 the legislative appropriation; providing for
11 repeal of the program; providing an effective
12 date.
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