Senate Bill sb2200

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    Florida Senate - 2007                                  SB 2200

    By Senator Villalobos





    38-1357-07                                          See HB 461

  1                      A bill to be entitled

  2         An act relating to high school athletics;

  3         amending s. 1006.20, F.S.; requiring the

  4         Florida High School Athletic Association to

  5         facilitate a 1-year drug testing program to

  6         randomly test certain students for anabolic

  7         steroid use; requiring schools to consent to

  8         the provisions of the program as a prerequisite

  9         for membership in the organization; requiring

10         the organization to establish procedures for

11         the conduct of the program, including

12         contracting with a testing agency to administer

13         the program; providing that the finding of a

14         drug test shall be separate from a student's

15         educational records; providing for disclosure;

16         requiring students and their parents to consent

17         to the provisions of the program as a

18         prerequisite for eligibility to participate in

19         interscholastic athletics; requiring the

20         administration of a school to meet with a

21         student who tests positive and his or her

22         parent to review the finding, penalties, and

23         procedures for challenge and appeal; providing

24         penalties for positive findings; providing due

25         process procedures for challenge and appeal;

26         requiring a report to the Legislature on the

27         results of the program; providing an exemption

28         from civil liability resulting from

29         implementation of the program; requiring the

30         Department of Legal Affairs to provide defense

31         in claims of civil liability; requiring program

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    Florida Senate - 2007                                  SB 2200
    38-1357-07                                          See HB 461




 1         expenses to be paid through legislative

 2         appropriation; providing an effective date.

 3  

 4  Be It Enacted by the Legislature of the State of Florida:

 5  

 6         Section 1.  Subsection (10) is added to section

 7  1006.20, Florida Statutes, to read:

 8         1006.20  Athletics in public K-12 schools.--

 9         (10)  RANDOM DRUG TESTING PROGRAM.--

10         (a)  Contingent upon funding, and to the extent funded,

11  the organization shall facilitate a 1-year program during the

12  2007-2008 academic year in which students in grades 9 through

13  12 in its member schools who participate in regular and

14  postseason competition in football, baseball, or weightlifting

15  governed by the organization shall be subject to random

16  testing for the use of anabolic steroids as defined in s.

17  893.03(3)(d). All schools, both public and private, shall

18  consent to the provisions of this subsection as a prerequisite

19  for membership in the organization for the duration of the

20  program.

21         (b)  The organization's board of directors shall

22  establish procedures for the conduct of the program that, at a

23  minimum, shall provide for the following:

24         1.  The organization shall select and enter into a

25  contract with a testing agency that will administer the

26  testing program. The laboratory used by the testing agency to

27  analyze specimens shall be accredited by the World Anti-Doping

28  Agency.

29         2.  Each member school shall report to the organization

30  the names of all students who will represent the school in

31  football, baseball, and weightlifting. A student shall not be

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    Florida Senate - 2007                                  SB 2200
    38-1357-07                                          See HB 461




 1  eligible to participate in interscholastic athletics in any of

 2  these sports in a member school until the student's name has

 3  been reported to the organization by the school.

 4         3.  The organization shall provide to the testing

 5  agency all names of students that are submitted by its member

 6  schools. A maximum of 1 percent of the total number of

 7  students who participate in football, baseball, and

 8  weightlifting shall be randomly selected by the testing agency

 9  to undergo testing.

10         4.  The testing agency shall notify no less than 7 days

11  in advance both the administration of a school and the

12  organization of the date on which its representatives will be

13  present at the school to collect a specimen from a randomly

14  selected student. However, the name of the student from which

15  a specimen is to be collected shall not be disclosed.

16         5.  The finding of a drug test shall be separate from a

17  student's educational records and shall be disclosed by the

18  testing agency only to the organization, the student, the

19  student's parent, the administration of the student's school,

20  and the administration of any school to which the student may

21  transfer during a suspension from participation in

22  interscholastic athletics resulting from a positive finding.

23         (c)  Each student who wishes to participate in

24  football, baseball, or weightlifting and his or her parent

25  must consent to the provisions of this subsection as a

26  prerequisite for athletic eligibility. This consent shall be

27  in writing on a form prescribed by the organization and

28  provided to the student by his or her school. Failure to

29  complete and sign the consent form shall result in the

30  student's ineligibility to participate in all interscholastic

31  

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    Florida Senate - 2007                                  SB 2200
    38-1357-07                                          See HB 461




 1  athletics. The consent form shall include the following

 2  information:

 3         1.  A brief description of the drug testing program.

 4         2.  The penalties for a positive finding.

 5         3.  The procedure for challenging a positive finding.

 6         4.  The procedure for appealing a prescribed penalty.

 7         (d)  A student who is selected for testing and fails to

 8  provide a specimen shall be immediately suspended from

 9  interscholastic athletic practice and competition until such

10  time as a specimen is provided.

11         (e)  If a student tests positive in a test administered

12  under this subsection, the administration of the school the

13  student attends shall immediately:

14         1.  Suspend the student from participation in all

15  interscholastic athletic practice and competition.

16         2.  Notify and schedule a meeting with the student and

17  his or her parent during which the principal or his or her

18  designee shall review with them the positive finding, the

19  procedure for challenging the positive finding, the prescribed

20  penalties, and the procedure for appealing the prescribed

21  penalties.

22         (f)  For a positive finding, the student shall be

23  suspended from all interscholastic athletic practice and

24  competition for a period of 90 school days and shall be

25  subject to a mandatory exit test for restoration of

26  eligibility no sooner than the 60th school day of the

27  suspension. If the exit test is negative, the organization

28  shall immediately restore the eligibility of the student. If

29  the exit test is positive, the student shall remain suspended

30  from all interscholastic athletic practice and competition

31  until such time as a subsequent retest of the student results

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    Florida Senate - 2007                                  SB 2200
    38-1357-07                                          See HB 461




 1  in a negative finding. The student shall be subject to

 2  repeated tests for the duration of his or her high school

 3  athletic eligibility.

 4         (g)  In addition to the penalties prescribed in

 5  paragraph (f), a student who tests positive in a test

 6  administered under this subsection shall attend and complete

 7  an appropriate mandatory drug education program conducted by

 8  the student's school, the student's school district, or a

 9  third-party organization contracted by the school or school

10  district to conduct such an education program.

11         (h)  The following due process shall be afforded each

12  student who tests positive in a test administered under this

13  subsection:

14         1.  The member school may challenge a positive finding

15  and must challenge a positive finding at the request of the

16  student. A sample of the original specimen provided by the

17  student and retained by the testing agency shall be analyzed.

18  The member school or the student's parent shall pay the cost

19  of the analysis. If the analysis results in a positive

20  finding, the student shall remain ineligible until the

21  prescribed penalty is fulfilled. If the analysis results in a

22  negative finding, the organization shall immediately restore

23  the eligibility of the student and shall refund to the member

24  school or student's parent the cost of the analysis. The

25  student shall remain suspended from interscholastic athletic

26  practice and competition during the challenge.

27         2.a.  The member school may appeal to the

28  organization's commissioner the period of ineligibility

29  imposed on a student as a result of a positive finding and

30  must appeal at the request of the student. The commissioner

31  may require the student to complete the prescribed penalty,

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    Florida Senate - 2007                                  SB 2200
    38-1357-07                                          See HB 461




 1  reduce the prescribed penalty by one-half, or provide complete

 2  relief from the prescribed penalty.

 3         b.  Should the member school or student be dissatisfied

 4  with the decision of the commissioner, the school may pursue

 5  the appeal before the organization's board of directors and

 6  must do so at the request of the student. The board of

 7  directors may require the student to complete the prescribed

 8  penalty, reduce the prescribed penalty by one-half, or provide

 9  complete relief from the prescribed penalty. The decision of

10  the board of directors on each appeal shall be final.

11         c.  Technical experts may serve as consultants to both

12  the organization's commissioner and its board of directors in

13  connection with such appeals.

14         (i)  No later than October 1, 2008, the organization

15  shall submit to the President of the Senate and the Speaker of

16  the House of Representatives a report on the results of the

17  program. The report shall include statistics on the number of

18  students tested; the number of violations; the number of

19  challenges and their results; the number of appeals and their

20  dispositions; and the costs incurred by the organization in

21  the administration of the program, including attorney's fees

22  and other expenses of litigation.

23         (j)  The organization, members of its board of

24  directors, and its employees and member schools and their

25  employees are exempt from civil liability arising from any act

26  or omission in connection with the program conducted under

27  this subsection. The Department of Legal Affairs shall defend

28  the organization, members of its board of directors, and its

29  employees and member schools and their employees in any action

30  against such parties arising from any such act or omission. In

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    Florida Senate - 2007                                  SB 2200
    38-1357-07                                          See HB 461




 1  providing such defense, the Department of Legal Affairs may

 2  employ or utilize the legal services of outside counsel.

 3         (k)  The program shall be conducted to the extent

 4  funded by the Legislature. In order to conduct the program

 5  within appropriated funds, the organization is authorized to

 6  implement the program in only one or two of the named sports.

 7  All expenses of the program shall be paid with funds

 8  appropriated by the Legislature. Such expenses shall include,

 9  but not be limited to, all fees and expenses charged by the

10  testing agency for administrative services, specimen

11  collection services, and specimen analysis; all administrative

12  expenses incurred by the organization in the facilitation of

13  the program; and all attorney's fees and other expenses of

14  litigation resulting from legal challenges related to the

15  program.

16         Section 2.  This act shall take effect July 1, 2007.

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