Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 2200
                        Barcode 533916
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: RCS             .                    
       04/17/2007 06:55 PM         .                    
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11  The Committee on Judiciary (Villalobos) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
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 2 1:13 PM 04/17/07 s2200d-ju38-c01
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 3 1:13 PM 04/17/07 s2200d-ju38-c01
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 4 1:13 PM 04/17/07 s2200d-ju38-c01
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 5 1:13 PM 04/17/07 s2200d-ju38-c01
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. 29 30 31 6 1:13 PM 04/17/07 s2200d-ju38-c01
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 4 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 7 1:13 PM 04/17/07 s2200d-ju38-c01
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. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 8 1:13 PM 04/17/07 s2200d-ju38-c01