Amendment
Bill No. 0461

Amendment No. 230899

CHAMBER ACTION
Senate		House
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1	Representative(s) Pickens offered the following:
2
3	Amendment to Senate Amendment (935344) (with title
4	amendment)
5	On page 1, line 17, through page 14, line 8, remove all of
6	said lines and insert:
7	Section 1.  Effective August 1, 2008, subsections (1)
8	through (8) of section 1006.20, Florida Statutes, are amended to
9	read:
10	1006.20  Athletics in public K-12 schools.--
11	(1)  GOVERNING NONPROFIT ORGANIZATION.--The Florida High
12	School Athletic Association is designated as the governing
13	nonprofit organization of athletics in Florida public schools.
14	If the Florida High School Athletic Association fails to comply
15	with meet the provisions of this section, the Commissioner of
16	Education shall designate a nonprofit organization to govern
17	athletics with the approval of the State Board of Education. The
18	organization is not to be a state agency as defined in s.
19	120.52. The organization is shall be subject to the provisions
20	of s. 1006.19. A nonpublic private school that wishes to engage
21	in high school athletic competition with a public high school
22	may become a member of the organization. The bylaws of the
23	organization are to be the rules by which high school athletic
24	programs in its member schools, and the students who participate
25	in them, are governed, unless otherwise specifically provided by
26	law statute. For the purposes of this section, "high school"
27	includes grades 6 through 12.
28	(2)  ADOPTION OF BYLAWS.--
29	(a)  The organization shall adopt bylaws that, unless
30	specifically provided by law statute, establish eligibility
31	requirements for all students who participate in high school
32	athletic competition in its member schools. The bylaws governing
33	residence and transfer shall allow a the student to be eligible
34	in the school in which he or she first enrolls each school year,
35	or makes himself or herself a candidate for an athletic team by
36	engaging in a practice before prior to enrolling in any member
37	school. The student is shall be eligible in that school so long
38	as he or she remains enrolled in that school. Subsequent
39	eligibility shall be determined and enforced through the
40	organization's bylaws.
41	(b)  The organization shall adopt bylaws that specifically
42	prohibit the recruiting of students for athletic purposes. The
43	bylaws shall prescribe penalties and an appeals process for
44	athletic recruiting violations.
45	(c)  The organization shall adopt bylaws that require all
46	students participating in interscholastic athletic competition
47	or who are candidates for an interscholastic athletic team to
48	satisfactorily pass a medical evaluation each year before prior
49	to participating in interscholastic athletic competition or
50	engaging in any practice, tryout, workout, or other physical
51	activity associated with the student's candidacy for an
52	interscholastic athletic team. Such medical evaluation can only
53	be administered by a practitioner licensed under the provisions
54	of chapter 458, chapter 459, chapter 460, or s. 464.012, and in
55	good standing with the practitioner's regulatory board. The
56	bylaws shall establish requirements for eliciting a student's
57	medical history and performing the medical evaluation required
58	under this paragraph, which shall include a physical assessment
59	of the student's physical capabilities to participate in
60	interscholastic athletic competition as contained in a uniform
61	preparticipation physical evaluation and history form. The
62	evaluation form shall incorporate the recommendations of the
63	American Heart Association for participation cardiovascular
64	screening and shall provide a place for the signature of the
65	practitioner performing the evaluation with an attestation that
66	each examination procedure listed on the form was performed by
67	the practitioner or by someone under the direct supervision of
68	the practitioner. The form shall also contain a place for the
69	practitioner to indicate if a referral to another practitioner
70	was made in lieu of completion of a certain examination
71	procedure. The form shall provide a place for the practitioner
72	to whom the student was referred to complete the remaining
73	sections and attest to that portion of the examination. The
74	preparticipation physical evaluation form shall advise students
75	to complete a cardiovascular assessment and shall include
76	information concerning alternative cardiovascular evaluation and
77	diagnostic tests. Results of such medical evaluation must be
78	provided to the school. A No student is not shall be eligible to
79	participate in any interscholastic athletic competition or
80	engage in any practice, tryout, workout, or other physical
81	activity associated with the student's candidacy for an
82	interscholastic athletic team until the results of the medical
83	evaluation are have been received and approved by the school.
84	(d)  Notwithstanding the provisions of paragraph (c), a
85	student may participate in interscholastic athletic competition
86	or be a candidate for an interscholastic athletic team if the
87	parent of the student objects in writing to the student
88	undergoing a medical evaluation because such evaluation is
89	contrary to his or her religious tenets or practices. However,
90	in such case, there is shall be no liability on the part of any
91	person or entity in a position to otherwise rely on the results
92	of such medical evaluation for any damages resulting from the
93	student's injury or death arising directly from the student's
94	participation in interscholastic athletics where an undisclosed
95	medical condition that would have been revealed in the medical
96	evaluation is a proximate cause of the injury or death.
97	(3)  GOVERNING STRUCTURE OF THE ORGANIZATION.--
98	(a)  The organization shall operate as a representative
99	democracy in which the sovereign authority is within its member
100	schools. Except as provided in this section, the organization
101	shall govern its affairs through its bylaws.
102	(b)  Each member school, on its annual application for
103	membership, shall name its official representative to the
104	organization. This representative must be either the school
105	principal or his or her designee. That designee must either be
106	an assistant principal or athletic director housed within that
107	same school.
108	(c)  The organization's membership shall be divided along
109	existing county lines into four contiguous and compact
110	administrative sections regions, each containing an equal or
111	nearly equal number of member schools to ensure equitable
112	representation on the organization's board of directors,
113	representative assembly, and sectional committee on appeals
114	committees, and state appeals boards.
115	(4)  BOARD OF DIRECTORS.--
116	(a)  The executive authority of the organization shall be
117	vested in its board of directors. Any entity that appoints
118	members to the board of directors shall examine the ethnic and
119	demographic composition of the board when selecting candidates
120	for appointment and shall, to the greatest extent possible, make
121	appointments that reflect state demographic and population
122	trends. The board of directors shall be composed of 16 persons,
123	as follows:
124	1.  Four member public member school representatives, each
125	one elected from among the member its public school
126	representatives representative members within each of the four
127	administrative sections regions.
128	2.  Four member nonpublic member school representatives,
129	each one elected from among the member its nonpublic school
130	representatives representative members within each of the four
131	administrative sections regions.
132	3.  Three representatives appointed by the Commissioner of
133	Education, one appointed from the two northernmost
134	administrative sections regions and one appointed from the two
135	southernmost administrative sections regions. The third
136	representative shall be appointed to balance the board for
137	diversity or state population trends, or both.
138	4.  Two district school superintendents, one elected from
139	the two northernmost administrative sections regions by the
140	members in those sections regions and one elected from the two
141	southernmost administrative sections regions by the members in
142	those sections regions.
143	5.  Two district school board members, one elected from the
144	two northernmost administrative sections regions by the members
145	in those sections regions and one elected from the two
146	southernmost administrative sections regions by the members in
147	those sections regions.
148	6.  The Commissioner of Education or his or her designee
149	from the department's department executive staff.
150	(b)  A quorum of the board of directors is shall consist of
151	nine members.
152	(c)  The board of directors shall elect a president and a
153	vice president from among its members. These officers shall also
154	serve as officers of the organization.
155	(d)  Members of the board of directors shall serve terms of
156	3 years and are eligible to succeed themselves only once. A
157	member of the board of directors, other than the Commissioner of
158	Education or his or her designee, may serve a maximum of 6
159	consecutive years. The organization's bylaws shall establish a
160	rotation of terms to ensure that a majority of the members'
161	terms do not expire concurrently.
162	(e)  The authority and duties of the board of directors,
163	acting as a body and in accordance with the organization's
164	bylaws, are as follows:
165	1.  To act as the incorporated organization's board of
166	directors and to fulfill its obligations as required by the
167	organization's charter and articles of incorporation.
168	2.  To establish such guidelines, regulations, policies,
169	and procedures as are authorized by the bylaws.
170	3.  To provide an executive director organization
171	commissioner, who shall have the authority to waive the bylaws
172	of the organization if necessary in order to comply with
173	statutory changes.
174	4.  To levy annual dues and other fees and to set the
175	percentage of contest receipts to be collected by the
176	organization.
177	5.  To approve the budget of the organization.
178	6.  To organize and conduct statewide interscholastic
179	competitions, which may or may not lead to state championships,
180	and to establish the terms and conditions for these
181	competitions. The terms and conditions must establish separate
182	interscholastic playoff systems for public schools and nonpublic
183	schools which lead to separate championships.
184	7.  To act as an administrative board in the interpretation
185	of, and final decision on, all questions and appeals arising
186	from the directing of interscholastic athletics of member
187	schools.
188	(5)  REPRESENTATIVE ASSEMBLY.--
189	(a)  The legislative authority of the organization is
190	vested in its representative assembly.
191	(b)  The representative assembly shall be composed of the
192	following:
193	1.  An equal number of member school representatives from
194	each of the four administrative sections, divided
195	proportionately between the public and nonpublic member schools
196	in each section regions.
197	2.  Four district school superintendents, one elected from
198	each of the four administrative sections regions by the district
199	school superintendents in the their respective administrative
200	section regions.
201	3.  Four district school board members, one elected from
202	each of the four administrative sections regions by the district
203	school board members in the their respective administrative
204	section regions.
205	4.  The Commissioner of Education or his or her designee
206	from the department's department executive staff.
207	(c)  The organization's bylaws shall establish the number
208	of member school representatives to serve in the representative
209	assembly from each of the four administrative sections regions
210	and shall establish the method for their selection.
211	(d)  A No member of the board of directors other than the
212	Commissioner of Education or his or her designee may not can
213	serve in the representative assembly.
214	(e)  The representative assembly shall elect a chairperson
215	and a vice chairperson from among its members.
216	(f)  Elected members of the representative assembly shall
217	serve terms of 2 years and are eligible to succeed themselves
218	for two additional terms. An elected member, other than the
219	Commissioner of Education or his or her designee, may serve a
220	maximum of 6 consecutive years in the representative assembly.
221	(g)  A quorum of the representative assembly is consists of
222	one more than half of its members.
223	(h)  The authority of the representative assembly is
224	limited to its sole duty, which is to consider, adopt, or reject
225	any proposed amendments to the organization's bylaws.
226	(i)  The representative assembly shall meet as a body
227	annually. A two-thirds majority of the votes cast by members
228	present is required for passage of any proposal.
229	(6)  PUBLIC LIAISON ADVISORY COMMITTEE.--
230	(a)  The organization shall establish, sustain, fund, and
231	provide staff support to a public liaison advisory committee
232	composed of the following:
233	1.  The Commissioner of Education or his or her designee.
234	2.  A member public school principal.
235	3.  A member nonpublic private school principal.
236	4.  A member school principal who is a member of a racial
237	minority.
238	5.  An active athletic director.
239	6.  An active coach, who is employed full time by a member
240	school.
241	7.  A student athlete.
242	8.  A district school superintendent.
243	9.  A district school board member.
244	10.  A member of the Florida House of Representatives.
245	11.  A member of the Florida Senate.
246	12.  A parent of a high school student.
247	13.  A member of a home education association.
248	14.  A representative of the business community.
249	15.  A representative of the news media.
250	(b)  A No member of the board of directors, sectional
251	committee on appeals committee, state appeals board, or the
252	representative assembly may not is eligible to serve on the
253	public liaison advisory committee.
254	(c)  The public liaison advisory committee shall elect a
255	chairperson and vice chairperson from among its members.
256	(d)  The authority and duties of the public liaison
257	advisory committee are as follows:
258	1.  To act as a conduit through which the general public
259	may have input into the decisionmaking process of the
260	organization and to assist the organization in the development
261	of procedures regarding the receipt of public input and
262	disposition of complaints related to high school athletic and
263	competition programs.
264	2.  To conduct public hearings annually in each of the four
265	administrative sections regions during which interested parties
266	may address issues regarding the effectiveness of the rules,
267	operation, and management of the organization.
268	3.  To conduct an annual evaluation of the organization as
269	a whole and present a report of its findings, conclusions
270	conclusion, and recommendations to the board of directors, to
271	the Commissioner of Education, and to the respective education
272	committees of the Florida Senate and the Florida House of
273	Representatives. The recommendations must delineate policies and
274	procedures that will improve the implementation and oversight of
275	high school athletic programs by the organization.
276	(e)  The public liaison advisory committee shall meet four
277	times annually. Additional meetings may be called by the
278	committee chairperson, the organization president, or the
279	executive director of the organization commissioner.
280	(7)  DUE PROCESS PROCEDURES APPEALS.--
281	(a)1.  The bylaws of the organization shall provide for the
282	appointment of a judicial officer. The four member public school
283	representatives and four member nonpublic school representatives
284	on the organization's board of directors shall jointly nominate
285	at least three candidates for the judicial officer, and the full
286	board of directors shall appoint the judicial officer from among
287	the nominees. The organization's executive director may not
288	serve as the judicial officer.
289	2.  The organization's executive director or designee shall
290	investigate alleged violations of the organization's bylaws, or
291	of guidelines, regulations, policies, and procedures authorized
292	by the bylaws, and submit investigative findings to the judicial
293	officer. The judicial officer may not participate in the
294	investigation. The member school or student athlete accused of a
295	violation must have the opportunity to review the investigative
296	findings and submit a written response within a period specified
297	in the bylaws. Upon review of the investigative findings and
298	written response of the accused school or student athlete, if
299	submitted, the judicial officer shall determine whether the
300	accused school or student athlete committed a violation and, if
301	a violation is committed, impose the penalties authorized by the
302	bylaws.
303	(b)1.(a)  The organization shall establish a procedure of
304	due process which ensures each member school or student athlete
305	the opportunity to appeal an unfavorable ruling with regard to
306	his or her eligibility to compete.
307	2.  The initial appeal of an unfavorable ruling adversely
308	affecting a student athlete shall be made to a sectional appeals
309	committee on appeals within the administrative section region in
310	which the student athlete resides lives. The organization's
311	bylaws shall establish the number, size, and composition of the
312	sectional committee on appeals committees.
313	3.  The initial appeal of an unfavorable ruling adversely
314	affecting a member school shall be made to one of two state
315	appeals boards. One board shall decide appeals from member
316	public schools and the other board shall decide appeals from
317	member nonpublic schools. Each board shall be composed of five
318	members. The public school representatives on the representative
319	assembly from each of the four administrative sections shall
320	each appoint one member to the state appeals board for public
321	schools. The nonpublic school representatives on the
322	representative assembly from each of the four administrative
323	sections shall each appoint one member to the state appeals
324	board for nonpublic schools. The Commissioner of Education shall
325	appoint one additional member to each state appeals board, who
326	shall serve as chair of the respective board. At least one
327	member of each state appeals board must be an attorney.
328	(c)(b)  A No member of the board of directors may not is
329	eligible to serve on a sectional appeals the committee or state
330	on appeals board.
331	(d)(c)  Members of the sectional committee on appeals
332	committees or state appeals boards shall serve terms of 3 years
333	and are eligible to succeed themselves only once. A member of a
334	sectional the committee on appeals committee or state appeals
335	board may serve a maximum of 6 consecutive years. The
336	organization's bylaws shall establish a rotation of terms to
337	ensure that a majority of the members' terms do not expire
338	concurrently.
339	(e)(d)  The authority and duties of the sectional committee
340	on appeals committees shall be to consider requests by member
341	schools seeking exceptions to bylaws and regulations, to hear
342	undue hardship eligibility cases filed by member schools on
343	behalf of student athletes, and to hear appeals filed by member
344	schools relating to a student athlete's eligibility.
345	(f)(e)  A student athlete or member school that receives an
346	unfavorable ruling from a sectional committee on appeals
347	committee or state appeals board is shall be entitled to appeal
348	the that decision to the board of directors at its next
349	regularly scheduled meeting or called meeting. The board of
350	directors has shall have the authority to uphold, reverse, or
351	amend the decision of the sectional committee on appeals
352	committee or state appeals board. In all such cases, the
353	decision of the board of directors is shall be final.
354	(8)  AMENDMENT OF BYLAWS.--Each member school
355	representative, the board of directors acting as a whole or as
356	members acting individually, any advisory committee acting as a
357	whole to be established by the organization, and the
358	organization's executive director commissioner are empowered to
359	propose amendments to the bylaws. Any other individual may
360	propose an amendment by securing the sponsorship of any of the
361	aforementioned individuals or bodies. All proposed amendments
362	must be submitted directly to the representative assembly for
363	its consideration. The representative assembly, while empowered
364	to adopt, reject, or revise proposed amendments, may not, in and
365	of itself, as a body be allowed to propose any amendment for its
366	own consideration.
367	Section 2.  Subsection (10) is added to section 1006.20,
368	Florida Statutes, to read:
369	1006.20  Athletics in public K-12 schools.--
370	(10)  RANDOM DRUG TESTING PROGRAM.--
371
372	======= T I T L E  A M E N D M E N T =========
373	On page 14, remove line(s) 18-27, and insert:
374
375	revising the membership of board of directors and representative
376	assembly of the Florida High School Athletic Association;
377	redesignating the association's commissioner as executive
378	director; limiting the executive director's authority to waive
379	the organization's bylaws; requiring separate playoff systems
380	for public and nonpublic schools; revising requirements for the
381	association's bylaws; requiring the executive director or
382	designee to investigate violations of the association's bylaws
383	and policies; providing for the nomination and appointment of a
384	judicial officer to determine violations of the association's
385	bylaws and policies and impose penalties; authorizing a member
386	school or student athlete accused of a violation to review
387	investigative findings and submit a written response; specifying
388	that an appeal of a student athlete is made to a sectional
389	appeals committee; providing for the appointment of state
390	appeals boards to decide the appeals of member schools;
391	providing minimum qualifications for board members; providing
392	for future effect; amending s. 1006.20, F.S.;

CODING: Words stricken are deletions; words underlined are additions.