Senate Bill sb2202

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    Florida Senate - 2007                                  SB 2202

    By Senator Villalobos





    38-1358-07                                          See HB 463

  1                      A bill to be entitled

  2         An act relating to public-records and

  3         public-meetings exemptions; amending s.

  4         1006.20, F.S.; exempting from public-records

  5         requirements the finding of a drug test

  6         administered to a student by a testing agency

  7         with which the Florida High School Athletic

  8         Association has contracted; exempting from

  9         public-meetings requirements a meeting at which

10         a challenge or an appeal is made; providing for

11         future review and repeal; providing a statement

12         of public necessity; providing a contingent

13         effective date.

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

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17         Section 1.  Paragraphs (b) and (h) of subsection (10)

18  of section 1006.20, Florida Statutes, as created by HB 461,

19  2007 Regular Session, are amended to read:

20         1006.20  Athletics in public K-12 schools.--

21         (10)  RANDOM DRUG TESTING PROGRAM.--

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

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

24  minimum, shall provide for the following:

25         1.  The organization shall select and enter into a

26  contract with a testing agency that will administer the

27  testing program. The laboratory utilized by the testing agency

28  to analyze specimens shall be accredited by the World

29  Anti-Doping Agency.

30         2.  Each member school shall report to the organization

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

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    Florida Senate - 2007                                  SB 2202
    38-1358-07                                          See HB 463




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

 2  eligible to participate in interscholastic athletics in any of

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

 4  been reported to the organization by the school.

 5         3.  The organization shall provide to the testing

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

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

 8  students who participate in football, baseball, and

 9  weightlifting shall be randomly selected by the testing agency

10  to undergo testing.

11         4.  The testing agency shall notify not fewer than 7

12  days in advance both the administration of a school and the

13  organization of the date on which its representatives will be

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

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

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

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

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

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

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

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

22  transfer during a suspension from participation in

23  interscholastic athletics resulting from a positive finding.

24         6.  The finding of each drug test held by a school or

25  the organization pursuant to subparagraph 5. is confidential

26  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State

27  Constitution. This subparagraph is subject to the Open

28  Government Sunset Review Act in accordance with s. 119.15 and

29  shall stand repealed on October 2, 2012, unless reviewed and

30  saved from repeal through reenactment by the Legislature.

31  

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    Florida Senate - 2007                                  SB 2202
    38-1358-07                                          See HB 463




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

 2  student who tests positive in a test administered under this

 3  subsection:

 4         1.  The member school may challenge a positive finding

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

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

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

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

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

10  finding, the student shall remain ineligible until the

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

12  negative finding, the organization shall immediately restore

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

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

15  student shall remain suspended from interscholastic athletic

16  practice and competition during the challenge.

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

18  organization's commissioner the period of ineligibility

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

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

21  may require the student to complete the prescribed penalty,

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

23  relief from the prescribed penalty.

24         b.  Should the member school or student be dissatisfied

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

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

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

28  directors may require the student to complete the prescribed

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

30  complete relief from the prescribed penalty. The decision of

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

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    Florida Senate - 2007                                  SB 2202
    38-1358-07                                          See HB 463




 1         c.  Technical experts may serve as consultants to both

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

 3  connection with such appeals.

 4         3.  The challenge and appeal procedures described in

 5  this paragraph are exempt from s. 286.011 and s. 24(b), Art. I

 6  of the State Constitution. This subparagraph is subject to the

 7  Open Government Sunset Review Act in accordance with s. 119.15

 8  and shall stand repealed on October 2, 2012, unless reviewed

 9  and saved from repeal through reenactment by the Legislature.

10         Section 2.  The Legislature finds that it is a public

11  necessity that the finding of a drug test administered by a

12  testing agency with which the Florida High School Athletic

13  Association has contracted which has been disclosed to the

14  association or the administration of a school, pursuant to s.

15  1006.20(10), Florida Statutes, be made confidential and exempt

16  from public-records requirements. The Legislature finds that

17  harm caused by releasing such information outweighs any public

18  benefit that might be derived from releasing the information.

19  Such information is of a sensitive and personal nature, could

20  be used to discriminate against a student, and could cause

21  harm to a student's reputation. The Legislature further finds

22  that it is a public necessity that a meeting at which a

23  challenge to a positive finding is made or an appeal is made

24  to the Florida High School Athletic Association's commissioner

25  or board of directors regarding the period of student

26  ineligibility, pursuant to s. 1006.20(10), Florida Statutes,

27  be made exempt from public-meetings requirements. The

28  Legislature finds that the exemption of these proceedings from

29  public-meetings requirements minimizes the possibility of

30  unnecessary scrutiny by the public or media of sensitive,

31  personal information concerning a student. Furthermore,

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    Florida Senate - 2007                                  SB 2202
    38-1358-07                                          See HB 463




 1  without such exemption, release of confidential and exempt

 2  information via a public meeting defeats the purpose of the

 3  public-records exemption.

 4         Section 3.  This act shall take effect on the same date

 5  that SB ___ or similar legislation takes effect, if such

 6  legislation is adopted in the same legislative session or an

 7  extension thereof and becomes law.

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